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HomeMy WebLinkAboutStaff Report - PC 07.09.2014Planning Commission Exhibits – TXTP 7935 Code Corrections and Minor Amendments LETTER EXHIBIT A Proof of Publication B Garfield County Land Use and Development Code C Garfield County Comprehensive Plan 2030, as amended D Application E Staff Report dated July 9, 2014 F Staff Presentation dated July 9, 2014 __________________________ _ Michael Bennett, Publisher Publisher Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 06/02/2014. ________________________________ Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 Ad Name: 10222617A Customer: Garfield County Building Your account number is: 1008693 PROOF OF PUBLICATION THE RIFLE CITIZEN TELEGRAM STATE OF COLORADO, COUNTY OF GARFIELD I, Michael Bennett, do solemnly swear that I am 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 5/29/2014 and that the last publication of said notice was dated 5/29/2014 the issue of said newspaper. In witness whereof, I have here unto set my hand this 06/02/2014. 16#-*$/05*$& 5BLF/PUJDFUIBUUIF#PBSEPG$PVOUZ$PNNJTTJPOFSTIBTSFRVFTUFEUPBNFOENVMUJQMFBSUJDMFTPGUIF-BOE6TFBOE%FWFMPQNFOU$PEFJODMVEJOH CVUOPUMJNJUFE UP"SUJDMFT     BOEJOSFHBSEUPTDSJWFOFSh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ommunity Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION  Administrative Review  Development in 100-Year Floodplain  Limited Impact Review  Development in 100-Year Floodplain Variance  Major Impact Review  Code Text Amendment  Amendments to an Approved LUCP LIR MIR SUP  Rezoning Zone District PUD PUD Amendment  Minor Temporary Housing Facility  Administrative Interpretation  Vacation of a County Road/Public ROW  Appeal of Administrative Interpretation  Location and Extent Review  Areas and Activities of State Interest  Comprehensive Plan Amendment Major Minor  Accommodation Pursuant to Fair Housing Act  Pipeline Development  Variance  Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ PROJECT DESCRIPTION Existing Use: __________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Use (From Use Table 3-403): _____________________________________________________ Description of Project: __________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ REQUEST FOR WAIVERS Submission Requirements  The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ Waiver of Standards  The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ______________________________________________________ __________________________ Signature of Property Owner Date OFFICIAL USE ONLY File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________ PROJECT INFORMATION TYPE OF REVIEW: Text Amendment to the Garfield County Land Use and Development Code Code Corrections and Minor Amendments FILE NUMBER: TXTP 7935 APPLICANT: Board of County Commissioners DATE: July 9, 2014 I. PROPOSAL DESCRIPTION In July 2013, the Board of County Commissioners adopted the Garfield County Land Use and Development Code and a series of corrections were adopted in December 2013. As Applicants and Staff continue to use this code, additional corrections and minor issues have arisen that need to be addressed in order to correct scrivener’s errors and clarify intent, in specific sections including Articles 3, 4, 5, 6, 7, 10 and 15. Staff presented a list of code corrections and minor amendments to the BOCC at a work session held on May 6, 2014. The BOCC reviewed the list and motioned to initiate a text amendment based on the list of presented changes. III. SUMMARY OF RECOMMENDED CHANGES AND CORRECTIONS Staff has provided a list of code sections that have been identified by either internal staff or Applicants and has provided in red text a recommendation for correcting or clarifying the code section, as follows: Article 3 Section 3-102.A.2.b. Lands Not Within a FIRM-Identified 100-Year Floodplain. When Development (including an application for a Land Use Change Permit and divisions of land), indicates or suggests that an area of the site may be in a SFHA, but for which area no FIRM maps have been previously prepared, the property owner or Applicant shall provide Floodplain studies, including appropriate maps, conducted and certified by a qualified professional engineer experienced in hydrology and hydraulics. These studies shall, at a minimum, determine the type of SFHA the property is within, including the depth and elevation of the Base Flood for the entire area of the site and for 200 yards upstream and downstream from the site, with an appropriate cross section. (page 3-3) Article 4  Section 4-111.A. Overview. The purpose of a Location and Extent review is to provide the County an opportunity to review and approve or disapprove a project as proposed by a public or quasi- public entity in relation to the applicable policies and goals of the adopted Comprehensive Plan. (page 4-15)  Table 4-102. Code Text Amendment. Additional Requirements. Published notice for PC and BOCC hearings, published at least 15 days prior to the hearing.  Section 4-203. E.18. Reclamation Plan. A reclamation plan consistent with standards in section 7-207 208. (page 4-29)  4-203.A.3. An elevation certificate from a qualified professional surveyor, engineer or architect that certifies that all residential construction and mechanical equipment will be at lease 1 foot above BFE. (page 4-43)  Section 4-203.A.5. An engineer’s report completed by a qualified professional engineer experienced in hydrology or hydraulics, using a methodology acceptable to FEMS FEMA or the CWCB, that address the standards in section 3-301.B-G of this Code. (page 4-43) Article 5  Table 5-401. Section 4-203.E. Erosion and Sediment Control. Grading and Drainage Plan. (page 5-15 – 16)  Section 5-307.C. Review Criteria. New #5. If the parcel that results from a vacation or partial vacation will be less than 35 acres in size, it shall comply with the criteria for a Minor Subdivision as set forth in section 5-301.C.  Section 5-402.J. New #4. If the parcel that results from a vacation or partial vacation will be less than 35 acres, the Applicant shall submit all materials as required for a Minor Subdivision consistent with Table 5-401 for the resulting parcel. Article 6  Section 6-203.B.1.a(3) Notice. The Applicant shall mail written notice by certified mail, return receipt requested, notice pursuant to section 4-101.E.b(2) and shall include notice to all property owners of record within the PUD. as well as All owners of mineral interest shall also be provided written mailed notice consistent with section 4-101.E.1.b(4). The notice shall be mailed at least 15 days prior to the date of the Director’s decision and shall include a vicinity map, a PUD map, a short narrative describing the proposed PUD amendment, the contact information for the Community Development Department and the date that the Director will make a decision. (page 6-4) Article 7  Table 7-105. Sewage Disposal System Minimum Lot Requirements. Notes#2. Prohibited for new development; may be considered allowable for legally legal non-conforming pre-existing single lots. (page 7-2)  Section 7-202. The Applicant shall consult with the Colorado Division of Wildlife Colorado Parks and Wildlife or a qualified wildlife biologist in determining how best to avoid or mitigate impacts to wildlife habitat areas. (page 7-7)  Section 7-202(C)(1). Proposed Land Use changes are designed to preserve large areas of vegetation utilized by wildlife for food and cover, based upon recommendations by the Colorado Division of Wildlife Colorado Parks and Wildlife. (page 7-8)  Section 7-204.C. Stormwater Run-Off. These standards shall apply to any new development within 100 feet of a Waterbody and to any other development with creating 10,000 square feet or more of impervious surface area. (page 7-9)  7-701. Accessory Dwelling Units. New Letter F. One accessory Dwelling Unit which is subordinate to a Single-Unit (primary) dwelling unit is allowed per legal lot. Article 10  Section 10-102.B.4. Any replacement of existing outmoded or worn equipment provided such activity does not create a hazard or nuisance as identified in section 10-103.A.4. 9 (page 10-1)  Section 10-103.A.5. It is determined abandoned pursuant to section 10-105.A. 10-104. (page 10- 2) Section 10-103.B. 3. Create a new #4 with second sentence. #4, the replacement of a Mobile Home that is also a nonconforming use by another Mobile Home on the same lot, provided that the replacement Mobile Home conforms to the Building Code. Existing #4 would become #5. (page 10-2) Article 15  Access Route. A way or means of approach to provide a safe, adequate, and usable physical entrance and exit to a property or use. (page 15-2)  Building Envelope. A designated area within a lot or parcel in which all structures and development shall be constructed or occur, unless specifically excepted or exempted including, but not limited to, excavation, landscaping, building, grading, demolition, or filling. The portion of a lot within which all buildings are confined. (page 15-7)  Hydraulic Fracturing, Remote Surface Facility. A COGCC-approved surface facility, not located on or off of a well pad, that is used for staging materials and equipment to pump hydraulic fracturing fluid to 1 or more COGCC-approved well locations for the purpose of advancing the wellbore and increasing the productivity of the well through hydraulic fracturing as part of the well completion activity. (page-15-16)  Impervious surface. Surfaces constructed of materials that are impenetrable to water or other liquids or of materials that have high run-off coefficients such as asphalt, concrete, brick, clay, compacted dirt, gravel and other site features such as roofs or structures. (page 15-16)  Injection Well, No Storage. Piped. An Injection Well where fluids are transported to the well location solely by pipeline and that has no appurtenant and accessory on-pad tanks. (page 15-16) IV. SUMMARY OF ADDITIONAL BOARC OF COUNTY COMMISSIONER CHANGES At the work session held on May 6, 2014, the Board discussed the issue of requiring certified mail, return receipt requested. The Board recommended due to cost and ease, that certified mail, return receipt requested did not need to be a requirement of accomplishing mailed notice and recommended the following code changes. The County Attorney’s Office noted that the Colorado Revised Statutes does not require delivery by certified mail, return receipt requested and has included a memo on this specific topic. 4-101.E.1.b.(2). The Applicant shall send written notice by certified mail or by a nationally recognized overnight courier, return receipt requested. Section 6-203.B.1.a(3) Notice. The Applicant shall mail written notice by certified mail, return receipt requested, notice pursuant to section 4-101.E.b(2) and shall include notice to all property owners of record within the PUD. V. LUDC CRITERIA FOR A TEXT AMENDMENT Section 4-114 outlines the procedures and criteria for consideration of a Land Use Code Text Amendment request to the ULUR. The criteria for approval of a Land Use Code Text Amendment are as follows: a. The proposed text amendment is in compliance with any applicable Intergovernmental Agreements. There are no intergovernmental agreements impacted by the proposed text amendment. b. The proposed text amendment does not conflict with State law. The Colorado Revised Statute Title 30, Article 28, Section 133, as amended, provides for the approval of subdivision plans and plats, and the adoption of regulations governing such plans and plats by the Board of County Commissioners for the unincorporated areas of Garfield County, Colorado. Pursuant to this authority, the County’s subdivision regulations may be amended by the Board of County Commissioners from time to time. This proposed text amendment is in compliance with this statutory provision. VI. RECOMMENDATION Staff recommends the planning commission review these proposed text changes and provide an approval recommendation to the Board of County Commissioners. MEMORANDUM—Attorney/Client Privilege TO: Planning Commission FROM: Kelly Cave, Assistant County Attorney DATE: July 9, 2014 RE: Mail Notice Requirements The Board of County Commissioners requested additional information on the mailing notification requirements for adjoining landowners and mineral owners when a hearing is required in land use applications. Further instruction is needed whether a text amendment is warranted to modify the required notice under the County’s land use and development code. Issue What written notice is required for adjoining landowners and mineral owners when a hearing is required in land use matters? Options include: 1) first-class postage prepaid, 2) certified mail, 3) certified mail, return receipt requested, or 4) nationally recognized overnight courier, return receipt requested. Conclusion Adjoining Landowners Under Colorado statutory law, notice is required to be provided to adjoining landowners for planned unit developments 15 days prior to the hearing by first-class postage prepaid mail. Upon review, the CAO’s office did not find any other statutory requirements for notice to adjoining landowners. As such, it appears more of a policy decision rather than a statutory requirement to extrapolate out notice for all manner of land use applications. Mineral Owners Pursuant to C.R.S. Section 24-65.5-103, notice to mineral owners shall be by certified mail, return receipt requested, not less than 30 days prior to the hearing. The code currently is in compliance with this statute. MEMO – Planning Commission July 9, 2014 Page 2 Discussion Section 4-101(E)(1)(b)(2) of the code requires written notice to adjoining landowners within a 200 foot radius of the subject parcel via certified mail or by a nationally recognized overnight courier, return receipt requested under. Notice to adjoining landowners provides a public service, but is not statutorily required except in regards to planned unit developments (i.e. 15 days prior notice via first-class postage prepaid mail). One argument in favor of notice to adjoining landowners is that it provides extra evidence in the event of a procedural due process challenge. The cost of additional mailing may be burdensome on the public. First-class mail costs $0.48; certified mail costs $3.30; return receipt costs $2.70 for green card or $1.35 for electronic; nationally recognized courier: cost varies. The code needs to strike a balance between the public interest in notifying neighbors of a public hearing and the cost of such notification. The Commission needs to determine whether certified mail, return receipt requested is still the approved method for notice. If not, the Commission should direct Staff on what method of notice is acceptable.