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HomeMy WebLinkAbout2.0 Staff Report 10.14.09Exhibits - Text Amendment - Neislanik Investments - TXTP 6011 Public Hearing (10 I 1412009) Exhibit Letter (Ato Zl trxhibit A Proof of Publication B Garfield County Unified Land Use Resolution of 2008, as amended C Garfield County Comprehensive Plan of 2000 D Application E Staff Memorandum F Complete Text of Proposed Amendment with Staff Recommendations G Staff Powerpoint H Letter from Geneva Powell, Garfield County Housing Authority, September 10, 2009 I Email from Andrew McGregor, City of Glenwood Springs, October 6,2009 EXHIBIT € REOUEST: APPLICANT (OWNERS): REPRESENTATIVE: PC 10n412009 TV Text Amendment .to the Unified Land Use Resolution of 2008 - TXTP 6011 Pursuant to Article 4-202 of the Garfield County Land Use Resolution of 2008 as amended; the Applicant is requesting to amend Article VII: Standards, by adding Section 7- 602 Alfordable Housing Exemption Standards, as follows: I. Exempt Rural Land Development Exemption plats from the requirement of Article VIII, Affordable Housing, of the Unified Land Use Resolution (2008) when the number of lots created is six or less; II. Allow clustering of lots when the total acreage is 100 acres or greater; III. Require 90Yo of the total acreage be preserved as open space for a period of40 years and; IV. That the overall residential density for the entire acreage not exceed one unit per 35 acres and with no bonus lots permitted for Rural Land Development Exemption plats exceeding 100 acres in area. Nieslanik Investments, LLC & Cecilia Nieslanik Bypass Trust Doug Pratte, The Land Studio PROJECT INFORMATION AND STAFF COMMENTS I. BACKGROLIND The Applicant, Nieslanik Investments, LLC & Cecilia Nieslanik Bypass Trust, is a landowner in Garfield County. The Applicant is requesting a change to the Affordable Housing provisions of the Unified Land Use Resolution of 2008 (ULUR) related to Rural Land Exemption Plats. II. REOUEST The Applicant is requesting a text amendment for any future Land Use Change Permit for Rural Land Exemption Plats to increase the exemption for any affordable housing requirement trigger from 5 to 6 lots. To accomplish this, the Applicant is proposing the addition of specific standards to a new section in Article VII of the ULUR as listed below: Section 7-602 Alfordable Housing Exemption Standards Per Article VIII Affordable Housing, Section 8-102, Applicability, the requirements for affordable housing shall apply to land use change applications in Garfield County, l5Yo for five (5) or more units in Comprehensive Plan Areas thru 5. Rural Land Development Exemption land use change applications will be exempt from this affordable housing requirements based on meeting or exceeding the standards outlined in SectionT-601Rural Land Development Exemptions Standards and additionally: 1. The affordable Housing Exemption shall apply to land use change applications in Garfield County for six (6) or fewer lots in Comprehensive Plan Areas 1 thru 5; 2. The Rural Land Development Exemption may be used to create a cluster subdivision development on a parcel of land 100 acres or more (rather than 70 acres) in any unincorporated area of the County. 3. Ninety (90) percent (rather than eighty (80) percent) of the parcel shall be preserved perpetually (rather than for 40 years) as contiguous open space to be used as wildlife habitat, grazing land, critical natural areas, or similar uses; 4. The residential density does not exceed (1) residential unit for every thirty-five (35) acres plus one (1) lot for every one hundred (100) acres contained in the eligible property (with no additional bonus lot). M. COMPREHENSIVE PLAN LAND USE GOALS AND OBJECTIVES The Comprehensive Plan discusses basic policy direction for land use in Garfield County. The following are some of the Goals, Objectives, and Policies that apply to this proposed text amendment to the Unified Land Use Resolution (2008) referenced by the item number of Section III; Goals, Objectives, Policies, and Programs. 2.0 HOUSING ISSUES: . Affordability of housing is not currently available in some parts of the County, with the western portion of the County accounting for most of the affordable units; o Compatibility issues between subdivisions and adjacent land uses have become an issue warranting immediate attention by the Planning Commission and County Commissioners; . Specific issues related to housing policy are not universally applicable to the entire County due to the diversity between specific subareas of the region. GOALS: To provide atl types of housing thal ensures current and future residents equitable housing opportunities which are designed to provide safe, fficient residential structures that are compatible with and that protect the natural environment. Housing at cost of no more than 30% of gross median income. D es ign ate appr opriate ar eas. Encourage mix of housing types within a development. Deed restrictions placed on the title to fix increase in value of a home. Address the challenge of lack of public support. Designate and encourage growth-favorable zones adjacent to community limits. OBJECTIVES: To encourage adequate, integrated housing at a reasonable cost to residents throughout Garfield County. To ensure construction of quality housing by continued enforcement of the County's building code. Residential development should be designed and located to ensure compatibility with existing and future adjacent development. 2.6 The County should coordinate efforts with the Garfield County Housing Authority and respective municipalities to foster regional housing goals' POLICIES: The County, through the development of regulations, shall provide for low and moderate income housing types by allowing for mixed multi-family and single-family housing in appropriate areas throughout the County. 5.OA OPEN SPACE AND TRAILS ISSUES: e That the retention of the rural landscape of the Roaring Fork Valley is a critical issue to residents and visitors; o The level of development in the Valley from 1991 to 1995 has resulted in the disappearance of historical agricultural land at a rate demanding immediate action on the part of the County; o Wildlife habitat is being negatively impacted due to growth pressure; GOAL: GarJietd County shall develop, adopt and implement policies that preserve the rural landscape of the Roaring Fork Valley, existing agricultural uses, wildlife habitat and recreational opportunities in a mutually beneJicial mannet that respects the balance between private property rights and the needs of the community. 2.r 2.2 Z.J 2.1 OBJECTfVES: 5.1A To ensure that existing agricultural uses are not adversely impacted by development approved by Garfield County; 5.2A To ensure that wildlife habitat is a component of the review process and reasonable mitigation measures are imposed on projects that negatively impact critical habitat; POLICIES: 5.1A All projects approved adjacent to existing agricultural uses shall be required to mitigate any-adverse impacts. These mitigational measures shall include some or all of the following: l. Appropriate buffering of building envelopes from common properly boundaries; 2. The use of open space to provide additional buffering; 3. Dog restrictions, including limiting the number of dogs and requiring kenneling, prior to issuance of a Certificate of Occupancy' 5.2A Developers proposing projects located in areas defined as critical habitat by the Colorado Division of Wildlife Resource Information System (WRIS) will be required to propose mitigational measures during the submittal of proposed projects. Mitigational measures shall include the following: l. Fencing and dog restrictions consistent with DOW recommendations; 2. Avoidance of critical portions of the property, through the use of building envelope restrictions or cluster development concepts; 3. Conservation easements. The Board of County Commissioners shall have the authority to approve or reject proposed mitigation. 5.4A The Open Space and Trails Committee shall present the Garfield County Planning Commission and the Board of County Commissioners a document summarizing options for compensating private property owners for acquiring open space and trails, consistent with long-term planning for acquisition or protection. 5.5A Garfield County, through the use of the Open Space and Trails Committee, shall develop a Comprehensive Roaring Fork Valley Open Space Plan for adoption by the Garfield County Planning Commission and Board of County Commissioners. The following specific elements shall be a part of a proposed plan: 1. A general policy statement summarizing the overall approach supported by the County; 2. A proposed methodology for identiffing lands suitable for protection or acquisition for open space protection; 3. Identification of the Roaring Fork Valley areas appropriate for acquisition or protection consistent with adopted policies. 6.0 AGRICULTURE ISSUES: Issues identified throughout the Comprehensive Plan process related to agricultural uses include the following: r The rollover of agricultural land into more intense uses is accelerating in the County; o Historical agricultural lands are also those lands which present the least development constraints (geology, topography, water availability); o As the rural areas of the County continue to develop, the need to ensure compatibility between these uses and active agricultural lands will intensiff; e A growing number of traditional agricultural lands can be expected to intensiff into agricultural businesses, which may affect County land use policies designed for traditional ranching, grazing and crop production. GOAL: o To ensure that exkting agricultural uses are allowed to continue in operation and compatibility issues are addressed during proiect review. o Consider the use of Transfer of Development Rights. c foinfarmers and ranchers together to develop a land use planfor agriculture. o Consider land trusts and conservation easements. OBJECTIVES: 6.1 Ensure the compatibility of development proposals with existing farms and ranches. 6-2 Ensure that active agricultural uses are buffered from higher-intensity adjacent uses. 6.3 Developments adjacent to agricultural uses should be reviewed in a manner that allows for flexibility in resolving compatibility conflicts with adjacent uses. POLICIES: 6.1 Agricultural land will be protected from infringement and associated impacts of higher- intensity land uses through the establishment of buffer areas between the agricultural use and the proposed project. 6.3 Clustered development will be strongly encouraged in areas that present potential incompatible uses. PROGRAMS: 6.1 The Zoning Resolution, Subdivision and PUD Regulations will be amended to require a specifically defined buffer zone between agricultural lands and more intense uses. In addition, the updated Regulations will address density bonuses to encourage the retention of open space. 6.4 Designate buffer zones of at least 300 feet between farmed/ranched lands and residential lots unless a lesser amount can be demonstrated as a practical buffer. 6.5 Require developers to perform a specific analysis of potential impacts to agricultural lands and uses, and to propose mitigation measures' 6.7 Encourage the developer or development to purchase a conservation easement, at fak value, from the adjacent agricultural interest, who can use this buffer zone for agricultural purposes when infeasible to maintain a 300-foot buffer from agricultural land and uses. The Garfield County Comprehensive Plan of 2000 gives a great deal of policy direction for housing, open space, and agriculture and identifies numerous policies for the importance of preserving both agricultural lands and open space. In the context of preserving the rural character of Garfield County the Comprehensive Plan appears to give greater weight to maintaining open space in rural areas rather than promoting the availability of affordable housing in areas that are greatly underserved by public services and availability of commercial services for the requirements of daily living. Overall, this proposed amendment does not detract from the goals of the Comprehensive Plan. IV. CONSISTENCY WITH EXISTING COI-INTY REGULATIONS As a proposed Land Use Change Permit, each "Rural Land Development Exemption" must demonstrate conformance with the applicable county and state standards and regulations. Development standards are listed for all Land Use Change Permits and encompass a broad range of impacts including, but not limited to, Access and Roadways, Agricultural Land, Wildlife Habitat Areas, Wetlands and Waterbodies, Water Quality standards, Erosion and Sedimentation, Drainage, Stormwater Run-Off, Air Quality, Wildfrre Hazards, Natural Hazards and Geologic Hazards, Archeological, Paleontological and Historical Importance as well as Reclamation. V. AGENCY COMMENTS A single referral comment letter was received from the Garfield County Housing Authority supporting the existing standards of Article VIII for the provision of affordable housing. The letter also cites that the application does not provide adequate information for the Housing Authority to offer a formal opinion on the request and any change to the standards of the Unifred Land Use Code be made only after careful consideration. VI. STAFF COMMENTS The Applicant has made a request for a text amendment to the ULUR which would affect all future applications for Rural Land Development Exemptions that choose to develop under the standards proposed in a new Section, 7-602, Affordable Housing Exemption Standards. This new section adds more stringent standards for those particular proposals that wish to create six (6) or fewer lots, allow clustering for parcels 100 acres or greater, maintain 90% of the parcel in open space, and forego the additional "bonus" lot permitted for other Rural Land Development Exemptions that choose to apply under the standards listed in Section 7-601, Rural Land Development Exemptions in exchange for an alteration in the requirement for l5o/o of all lots in a development over 5 lots provide affordable housing. The effect on affordable housing availability based on the change proposed with this text amendment is negligible. The current standard for applicability is stated in Section 8-102 of Article VIII and requires a l5Yo commitment from the total number of lots and" . . . In computing this requirement, any fraction of a unit above .50 will be rounded up and any fraction of a unit less than .50 will be rounded down... " In the proposed text change from an exemption of 5 lots to an exemption of 6 lots the total requirement is still one affordable lot rounded upwards on the fractional calculation as noted above (.75 lot for a 5 lot development vs. .9 lot for a 6 lot development). In exchange the County benefits by an increase in open space atgO%o of the total lot area, the open space will be maintained in perpetuity rather than for 40 years, and the applicant foregoes the additional "bonus" lot that is permitted in Section 7-601. When considering this proposal there is one other section of the ULUR to consider for the number of lots that should be "exempt" from the Affordable Housing requirements. Section 5.404 (A)(5) Review for Rural Land Exemption Creating 10 Lots or Zess is shown below. 5. Review for Rural Land Development Exemption Creating More than 10 lots. A Rural Land Development Exemption proposal creating more than ten (10) lots shall require public hearings by the Planning Commission and the Board of County Commissioners. This section clearly implies that the impacts to the County do not occur until exemption lots exceed a total of ten (10) by requiring public hearings before the Planning Commission and the Board of County Commissioners. Planning Staff is supportive of the proposed text change but recommends the number of exempt lots should be ten (10) or less rather than the proposed six (6 ) lots. The text amendment is supported by the Comprehensive Plan based on the importance of preserving the rural nature of Garfield County. While affordable housing is a critical element of the 2000 Plan, the benefits to Garfield County in preserving open space and agricultural pursuits appea.rs to have a greater weight based on the Plans Policies, Goals, and Objectives. Overall, the number of Rural Land Development Exemptions approved in Garfield County is low (2 approved since 2000) and the impact to affordable housing will be negligible. Also, this proposal will only affect those property owners that decide to take advantage of this option in exchange for the benefit provided to Garfield County in additional open space preservation. The proposed text language includes a number of explanatory notes that are not necessary for implementation of the standards. The following text shows suggested modifications including an increase of exempt lots from the proposed six (6) lots to ten (10) lots which is consistent with Section 5-404 (AX5) and a cross reference for Article VIII to the standards proposed for the new Section 7-602. All proposed text amendment language, including staff recommended changes, will be shown in its entirety as an attachment to this memo. Changes to text are show as Strikethrough: Deletion of text and Underline : Addition of text. Section 7-602 Affordable Housing Exemption-Standards/Rural Land Development Exemption A. In conformance with Per Article YIII Affordable Housing, Section 8- 1 02, Applicability, the requirements for affordable housing shall apply to land use change applications in Garfield County for l5Ya of the lots proposed in a development for five (5) or more units in Comprehensive Plan Areas One (l) thru Five (5). In computing this requirement. any fraction of a unit above .50 will be rounded up and any fraction of a unit less than .50 will be rounded down. l. Rural Land Development Exemption land use change applications r+ill shall be exempt from this the Countv's affordable housing requirements based on meeting or exceeding the standards outlined in Section 7-601 Rural Land Development Exemptions Standards and the followin g additional standards additionally : a. The affordable Housing Exemption shall apply to land use change applications in Garfield County for si*{6) ten (10) or fewer lots in Comprehensive Plan Areas One (l) thru Five (5); b. The Rural Land Development Exemption may be used to create a cluster subdivision development on a parcel of land +e0 105 acres or more (rathertha+#0 aereslin any unincorporated area of the County; c. Ninety (90) percent of the parcel shall be preservedperpetually@ascontiguouSopenspacetobe used as wildlife habitat, grazing land, critical natural areas, agriculture, or similar USES; d. The residential density dees--not shall not exceed (l) residential unit for every thirty-five (35) acres plus one (1) lot for every one hundred (100) acres contained in the eligible property (without an ne additional bonus lot). Section 8-102 Applicability. These requirements for affordable housing shall apply to all land use change applications in Garfield Count5z, such that l5Yo of the lots proposed in the development shall be developed with affordable housing units. This regulation shall apply to developments proposing five (5) or more lots in Garfield County except as modified in Section J-602. Affordable Housing Standards/Rural Land Development Exemption In computing this requirement, any fraction of a unit lot above .50 will be rounded up and any fraction of a unit less than .50 will be rounded down. VII. STAFF RECOMMENDATION Planning Staff recommends the Plarming Commission forward a recommendation of approval to the Board of County Commissioners for the proposed text amendment with the additional modifications as outlined by Staff. Vru. SUGGESTED FINDINGS TO THE BOARD OF COTINTY COMMISSIONERS 1. That the hearing before the Plaruring Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard. 2. That the proposed text amendment can be determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 3. That the application has met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. 9 EXHIBIT LIa Complete Text of proposed Text Amendment-TXPT-6011 Changes to text are show as; Strikethreugh: Deletion of text Underline: Addition of text. ARTICLE VII Section 7 -602 Affordable Housin g @ion-Standards/Rural Land Development Exemption A. In conformance with Per Article YIII Affordable Housing, Section 8-102, Applicability, the requirements for affordable housing shall apply to land use change applications in Garfield County for l5o/o of the lots proposed in a development for five (5) or more units in Comprehensive Plan Areas One (1) thru Five (5). In computing this requirement" any fraction of a unit above .50 will be rounded up and any fraction of a unit less than .50 will be rounded down. 1. Rural Land Development Exemption land use change applications will shall be exempt from this the County's affordable housing requirements based on meeting or exceeding the standards outlined in SectionT-601Rural Land Development Exemptions Standards and the following additional standards additi.onally: a. The affordable Housing Exemption shall apply to land use change applications in Garfield County for six-{6) ten (10) or fewer lots in Comprehensive Plan Areas One (1) thru Five (5); b. The Rural Land Development Exemption may be used to create a cluster subdivision development on a parcel of land l€e 105 acres or more @&erth€n+@in any unincorporated area of the County; c. Ninety (90) percent of the parcel shall bepreservedperpetually@ascontiguouSopenspaceto be used as wildlife habitat, grazing land, critical natural areas, agriculture, or similar uses; d. The residential density does-ne+ shall not exceed (1) residential unit for every thirty-five (35) acres plus one (1) lot for every one hundred (100) acres contained in the eligible property (without an no additional bonus lot). Section 8-102 Applicability. These requirements for affordable housing shall apply to all land use change applications in Garfield County, such that l5o/o of the lots proposed in the development shall be developed with affordable housing units. This regulation shall apply to developments proposing five (5) or more lots in Garfield County except as modified in Section 7-602.A{fordable Housing Standards/Rural Land Development Exemption In computing this requirement, afiy fraction of a unit lot above .50 will be rounded up and any fraction of a unit less than .50 will be rounded down.