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HomeMy WebLinkAbout3.0 Staff Report 12.07.09Exhibits - Text Amendment - Neislanik Investments - TXTP 6011 BoCC Public Hearing (121712009) Exhibit Letter (AtoZ) A Proof of Publication B Garfield County Unified Land Use Resolution of 2008, as amended C Garfield County Comprehensive Plan of 2000, as amended D Application E Staff Memorandum F Staff Powerpoint G Complete Text of Proposed Amendment H Letter from Geneva Powell, Garfield County Housing Authority, September 10, ?!99 I Email from Andrew McGregor, City of Glenwood Springs, October 6,2009 J Draft Resolution Exhibit tfl+ P,y r{' (:r)o lN\ APPLICANT (OWNERS): REPRESENTATIVE: EXHIBIT b-3" +-- - 'cc 121712009 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 amendedl the Appticant is requesting to amend Article VII: Standards, by adding Section 7- 602 Affordable 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; Allow clustering of lots when the total acreage is 100 acres or greater; III. Require 90o/o 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 REOUEST: II. I. BACKGROUND 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 addition of specific from 5 to 6 lots. To accomplish this, the Applicant is proposing the standards to a new section in Article VII of the ULUR as listed below: Section 7-602 Affirdable Housing Exemption Standards Per Article VIII Affordable Housing, Section 8-102, Applicability, the requirements for affordable housing shatl apply to land use change applications in Garfield County, l5Yo for f,rve (5) or more units irr -Compreh"nsive Plan Areas thru 5. Rural Land Development Exemption land use change applications will be exempt from this affordable housing requirements based on *..1irg or exceeding the standards outlined in Section 7-601Rural 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; 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. Nineiy (90) percent (rather than eighty (80) percent) of the parcel shall be preserved perpeiually jrather ih* fot 40 years) as contiguous open space to be used as witdUfe habitat, grazingland, critical natural areas, or similar uses; The residential densityloes not exceed (1) residential unit for every thirty-five (35) acres plus one (1) loi for every one hundred (100) acres contained in the eligible property (with no additional bonus lot). 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 lll: Goals, Obiectives, 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 Ctunty accounting for most of the affordable units; 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: 2. a 4. III. To provide oll types of housing that ensures current and future residents equitable housing opportunities *ii"t ire desigied to provide safe, ellicient residential structures that are compatible with and that protect the natural environment' o Housing at cost of no more than 30% of gross median income. o Designate appropriate areas. . Encourage mir of housing types within a developmenl . Deed restrictions placed on the title to /ix increase in value of a home. o Address the ehallenge of lack of public support. o Designate and encoarage growth-favorable zones adjacent to communi$t limils. OBJBCTIVES: 2.1 To encourage adequate, integrated housing at a reasonable cost to residents throughout Garfield County. 2.2 To ensure construction of quality housing by continued enforcement of the County's building code. 2.3 Residential development should be designed and located to ensure compatibility with existing and future adjacent development. 2.6 The County should coordinate efforts with the Garfield County Housing Authority and respective municipalities to foster regional housing goals. POLICIES: 2.1 The County, through the development of regulations, shall provide for low and moderate income housing types by allowing for mixed multi-family and single-family housing in appropriate areas throughout the County' 5.OA OPBN SPACE AND TRAILS ISSUES: o That the retention of the rural landscape of the Roaring Fork Valley is a critical issue to residents and visitors; o The level of development in the Valley from 1991 to 1995 has resulted in the disappearance of historical agricultural land at a rate demanding immediate action on the part of the County; . Wildlife habitat is being negatively impacted due to groMh pressure; GOAL: Gar/ield County shall develop, adopt and implement policies that preserve the tural landscape of the Roaring Fork Valley, existing agricultural uses, wildlife habitat and recreational opportunities in a mutually bene/icial manner that respects the bslance between private property rights and the needs of the communi$t. OBJECTTVES: 5.1A To ensure that existing agricultural uses are not adversely impacted by development approved by Garfield CountY; 5.ZA 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 i*pact.. ih"r" mitigational measures shall include some or all of the following: l. Appropriate buffering of building envelopes from common property 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.ZA Developers proposing projects located in areas defined as critical habitat by the Colorado Division oiWitatif" Resource Information System (WRIS) will be required to propose mitigational measures during the submittal of proposed projects' Mitigational measures shall include the following: 1. Fencing and dog restrictions consistent with DOW recommendations; Z. 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 Compiehensiie 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 identifuing 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 AGRICALTURE ISSUES: Issues identified throughout the Comprehensive Plan process related to agricultural uses include the following: The rollover of agricultural land into more intense uses is accelerating in the County; 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 intensifu; o A growing number of traditional agricultural lands can be expected to intensiff into agri*cultural businesses, which may affect County land use policies designed for traditional ranching, grazingand crop production. GOAL: To ensure that existing agricultural uses are allowed to continue in operation and compatibility issues are addressed during proiect review. Consider the use of Transfer of Development Rights- Joinfarmers and ranchers together to develop a land use planfor agriculture. Consider land trusts and conservation easements. OBJECTTVES: Ensure the compatibility of development proposals with existing farms and ranches. Ensure that active agricultural uses are buffered from higher-intensity adjacent uses' Developments adjacent to agricultural uses should be reviewed in a manner that allows for flexibility in resolving compatibility conflicts with adjacent uses. POLICIES: Agricultural land will be protected from infringement and associated impacts of higher- iftnsity land uses through the establishment of buffer areas between the agricultural use and the proposed project. Clustered development will be strongly encouraged in areas that present potential incompatible uses. PROGRAMS: The Zoning Resolution, Subdivision and PUD Regulations will be amended to require a specifically defined buffer zone between agricultural lands and more intense uses. ln a a a a 6.1 6.2 6.3 6.1 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 fair value, from the adjacent agricultural interest, who can use this buffer zone for agricultural pu.por"i 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, op", ,pu"", and agriculture and identifies numerous policies for the importance of preserv:ing-both agricultural lands and open space. In the context of preserving the rural Lharacter of Garfreld 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 thai 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 COUNTY 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 A.reas, Wetlands and Waterbodies, Water Quality standards, Erosion and Sedimentation, Drainage, Stormwater Run-Off, Air Quality, Wildhre 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 rrppo.tirg the existing standards of Article VIII for the provision of affordable housing. The lettir 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 Unified 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 R.ural Land Development Exemptions that choose to develop under the standards proposed in a new Section, 7-602, Affordabte 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 90o/o 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 it exchange for an alteration in the requirement for l5%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 at 9Oo/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 l0 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 appears 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 Section5-404 (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, wilt 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 Exemptien-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 l5Yo of the lots proposed in a development for five (5) or more units in Co-pieh"rrsive Plan Areas Qne (1) thru Five (5). In computing this requirement. any fraction i r a - -- -- c-^^.:,^- ^r^ ,,-:+ l^-- +L^- <n.,,;ll ko.^,r-.lar{willbe it less L Rural Land Development Exemption land use change applications t4ll 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 fo llowin g additional standards addi+ienaily : 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 (1) thru Five (5); b. The Rural Land Development Exemption may be used to create a cluster subdivision development on a parcel of land ++0 105 acres or more (rather-tha*#0 aereslin any unincorporated area of the County; c. Ninety (90) percent of the parcel shall be p.",.*"jperpetually@ascontiguouSopenspacetobe used as wiiaUfe habitat, grazing land, critical natural areas, agriculfure, or similar USES; d. The residential density dees--*et 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 l5Yo of the lots proposed in the development shall be d"uel-opffwith affordable housing units. This regulation shall apply to developments proposing five (5) o. *o.i lots in Garfield County except as modified in Section 7 -602. Alfordable 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 lot less than .50 will be rounded down. [Provided however this Article shall not apply to non-expired Preliminary Plans approved by the BOCC under the ZoningRegulations of 1978, as amended and Subdivision Regulations of 1984, as amended.] (Resolution 2009-53) VII. PLANNINGCOMMISSIONRECOMMENDATION planning Staff offered a codified revision of the proposed Text Amendment to the Planning Commission for consistent language with the ULUR. During their deliberations the Planning Commission noted the differences in the proposal to the curent ULUR language for the percentage of land area to be preserved and the length (in time) of the conservation easement. The language proposed by the applicant increased the conservation easement land area percentage to 90% (from the current standard of 80%) and a conservation easement "in perpetuity" (currently 40 years in the ULUR for Rural Land Development Extensions). The Planning Commission's discussion found the down. proposed language as too restrictive and revised the language in Section 7-602 (A) (1) (c.) back to 80% of the land area for the conservation easement and for a period of 40 years or greater. The changes are shown in Exhibit G. The Planning Commission sends a recommendation of approval to the Board of County Commissioners for the proposed text amendment with the changes as noted above. VIII. RECOMMENDED FINDINGS TO THE BOARD OF COLNTY COMMISSIONERS That the hearings before the Planning Commission and Board of County Commrssroners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard. That the application has met the public notice and public hearing requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. 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. The proposed text amendment is consistent with applicable standards of the Unified Land Use Resolution of 2008, as amended, and complies with the Garfield Count Comprehensive Plan of 2000, as amended. 5. The proposed text amendment does not conflict with State statutory provisions regulating land use. IX. RECOMMENDED MOTION "I move to approve the proposed Text Amendment to the Unified Land Use Resolution of 2008, as amended with the recommended Planning Staff and Planning Commission changes." 1. J. 4. 2. EXHIBIT Complete Text of proposed Text Amendment-TXPT-6011 Changes to text are show as; S+rit<etnrough: Deletion of text Underline: Addition of text. ARTICLE VII STANDARDS Section 7 -602 Affordable Housing @ioa-StandardslRural 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 15%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. l. 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 Section 7-601Rural 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 +eg 105 acres or more (rather tnan++aere*in any unincorporated area of the County; c. Eighty (80) I+in€qr(g0) percent of the parcel shall be preserved for 40 years or greater perpetueily @ as contiguous open space to be used as wildlife habitat, grazing land, critical natural areas, agriculture, or similar uses; d. The residential density doesnot 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 (withqu!_an ne additional bonus lot). ARTICLE VIII AFFORDABLE HOUSING Section 8-102 Applicability. These requirements for affordable housing shall apply to all land use change applications in Garfield County, such that l|Yo 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,ffordable 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 lot less than .50 will be rounded down. [Provided however this Article shall not apply to non- expired Preliminary Plans approved by the BOCC under the Zoning Regulations of 1978, as amended and Subdivision Regulations of 1984, as amended.] (Resolution 2009-53) September 10,2009 Tom Veljic Garfield County Building and Planning Department RE: Doug Pratt, The Land Studio, Inc. Request to change the affordable housing requirement for Rural Land Dev Exemption Dear Tom, Garfield County Housing Authority (GCHA) is in receipt of the afore mentioned request to obtain relief from the affordable housing requirement. GCHA does not feel that we have enough information on the reasons behind the request to offer a formal opinion. In general we stand behind the affordable housing guidelines within Article VIII of the County's Land Use Code. Article VIII was written with careful attention to many issues, concerns and variables with a tremendous amount of research and discussion being conducted. We also know that any time you set the rule there will be those that wish to change the rule. GCHA states againthat we have little information as to why this request has been made. We trust that careful consideration will be given to this matter. We ask one question, does the change need to be made to better the land use or to better the applicant? Please contact this office ifyou have questions or concerns. Sincerely, Geneva Powell Executive Director Garfield County Housing Authority 2128 Railroad Avenue Rifle, CO 81650 (970) 625-3589 Rifle (970) 625-0859 Rifle Fax (970) 945-8082 Glenwood www. qarfieldhousing. com Tom V From: Sent: To: Subject: Andrew McGregor [andrew. mcgregor@cogs. us] Tuesday, October 06, 2009 3:08 PM Tom Veljic Land Studio - Text Amendment Tom, Thanks for referring the application to us. To be honest, I can't decipher what changes to the requirements for required affordable housinglhe appiicant is requesting. ln general, we support the requirement for community (affordable) housing at every applicabl6 point ih the development-procels. We are in need of housing opportunities and should not lose any opportunities to add to the inventory. Thanks, Andrew Andrew McGregor Community Development Director City of Glenwood Springs 101 West 8th Street Glenwood Springs, CO 81601 910-384-6429 970-94s-8s82 (FAX) andrew.mcgregor@co gs.us EXHIBiT !soa srATE OF COLORADO ) )rs County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meiting Room, Garfield County Courthouse, in Glenwood Springs on Monday the 7ft of December,2OOg,there were present: John Martin -, Commissioner Chairman Mike Samson _, Commissioner Trdsi Houpt , Commissioner Deborah Quinn , Assistant county Attorney Jean Alberico , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. A RESOLUTION CONCERNED WITH THE APPROVAL OF A TEXT AMENDMENT TO AMEND THE TEXT OF ARTICLB 7 AND ARTICLE 8 OF THE UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED, REGARDING ADDING A NEW SECTION TO ARTICLF]T,SECTION 7-602 AFFORDABLE HOUSING EXEMPTION STANDARDS AND MODIFYING SECTION 8-102, APPLICABILITY PARCEL NO# N/A Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a Text Amendment application from Nieslanik Investments, LLC and The Cecilia Nieslanik Bypass Trust, to Amend the Text of Article 7 of the Land Use Resolution of 2008. C. On October 14, 2OOg the Garfield County Planning and Zoning Commission forwarded a recorrmendation of approval with changes by a vote of 7-0 to the Board of County Commissioners. D. On December 7, 2009, the Board of County Commissioners opened a public hearing upon the question of whether the Text Amendment should be approved, approved with changes, oi d"ni.d-at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Text Amendment. E. The Board of County Commissioners closed the public hearing on Decembet 7,2009 to make a final decision. F. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: That the hearings before the Planning Commission and Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard. That the application has met the public notice and public hearing requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. 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. The proposed text amendment is consistent with applicable standards of the Unified Land Use Resolution of 2008, as amended, and complies with the Garfield Count Comprehensive Plan of 2000, as amended. The proposed text amendment does not conflict with State statutory provisions regulating land use. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Garfield County Unified Land Use Resolution of 2008, and identified as its Resolution No. 08-115, as subsequently amended by this Board, shall be and hereby is amended as shown on the attached Exhibit A and said language will be incorporated into the codified Garfield County Unified Land Use Resolution adopted o., O.tob", 13th, 2008: 1. 2. J. 4. 5. ADOPTED this ATTEST: day of 2009 GARTIELD COUNTY BOARD OF COMMIS SIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Chairman Upon motion duly following vote: the foregoing Resolution was adopted by themade and seconded Mike Samson , Aye Tr6si Houpt , AYe John Martin , Aye STATE OF COLORADO County of Garfield , County Clerk and ex-officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this - day of , A.D. 2009. County Clerk and ex-officio Clerk of the Board of County Commissioners ) )ss ) EXHIBIT A Text Amendment-TXPT-601 1 ARTICLE VII STANDARDS Section 7-602 Affordable Housing StandardslRural Land Development Exemption A. In conformance with Article YIII Affordable Housing, Section 8-102, Applicability,the requirements for affordable housing shall apply to land use change applications in Garfield County for 15oh 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 shall be exempt from the County's affordable housing requirements based on meeting or exceeding the standards outlined in Section 7-60I Rural Land Development Exemptions Standards and the following additional standards: a. 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) thru Five (5); b. The Rural Land Development Exemption may be used to create a cluster subdivision development on a parcel of land 105 acres or more in any unincorporated area of the County; c. Eighty (80) percent of the parcel shall be preserved for forty (40) years or greater as contiguous open space to be used as wildlife habitat, grazing land, critical natural areas, agriculture, or similar uses; d. The residential density shatl 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 additional bonus lot. ARTICLE VIII AFFORDABLE HOUSING Section 8-102 Applicability. These requirements for affordable housing shall apply to all land use change applications in Garfield County, such that 15% 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, 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 lot less than .50 will be rounded down. [Provided however this Article shall not apply to non- expired Preliminary Plans approved by the BOCC under the Zoning Regulations of 1978, as amended and Subdivision Regulations of 1984, as amended.l (Resolution 2009-53) , .. :* S NOT ONTHE AGENDN -['"eu,ffi+l:t+llxlginug.tm ffiffid-:"$#**'j:r#",''. *4= ffi:t*[z#lt*;'$t["'*''.'' 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Public Hearings: LUNGH __.<r*G uoT oN THE AGENDA: ;:my:,,x;ffi l,'*'""J1'f'):,'\o;' Tt?:hftm:I,iDA: BuTLDTNG & PLANNTNG rssuEs t't*',: Noon 1:00 P.m' 1:15 P'm' rhis asenda i:-":',ii\*:lXl3ili:Jffi':lii'S:iil:::ffi:5fi;*:?:TJ:;gXl;"":lBi'":5i':J . l:H::i:ffi ;i#.;t,;3kffi .-":lii=s:iil:::ffi :,fi ;*:?:TJ:"H1;i"inonpease ::n:f#;'l$1 ,;il." "e meetif'ls PrePared bY: Posted on: l,'r'0, *ono*' Administrative secretary 2:30 p.m. 2:45 p.m. 3:4S p.m. 2 "?" !i[t$ j: 1 #ff :::il;:: iH'tr ;;HT:?i" jltffl53i,H i_:,$fl ht:.#*,, ff l. *,,N;;;X:?,11s l,j^t! i.,u q, J,i ; ;l=l:* d _sp rin s s _ il ;b. Rtrrr,,^^:;' rv' luu ,i",x,".,j r":,il t fi#i::?, "n .o,ii,,E, oli *,[l,ff i1"J,i?j;1,"j1,,"11:or;,ro]:ffi :#X:;",section, S""rI^=j"I3unt_Exemptions c .Til3;i'# nrlf #=t'1,',.4ffii,Fj.:ff*:*:- ElT"n,:'-ifi y *il?f# qiilr$ 4r,H n; ,,r,iX.",,^ll ; 11 g*0. .,,,J":? t j:iT:i,g c,.li "..,,,, o r z- a# ill' APp rica b re,l"_$:i ET*f t 4 0 Ad d iti o n a t llt : +l#3;ilE ;ff.""Hy, I *l;:H",T l*'i :;iy ^ nt is Rivers Edge, c o[llIt,IISs IONER B R EAK Xot oo'rtA[#.l? D A ( c o n t i n u e d ) 'dilT,l,,H?,Erzn:l?I,e1og g,n stre, nwood Springs #H*xrrutffr,ilis,lT"=# 8:00 a.m. 9:00 a.m. 10:00 a.m. i3fi*e##""J:[':;[:'r,*:y",1;,:#,:,:?jJJjtr#,iH3:,H:ffirff:,."iJ^:iiJrr:,", "lnwt Linda Morcom, Administntive secretary o 10:30 a.m. Consider certain amendments to the Unified Land Use Resolution of 2008, as amended that pertains to Amendments of Approved Land Use Change Permits - Fred Jarman Next Meeting: Monday, December 14,2009 This agenda is subject to change, including the addition of items up to 24 hours in advance or the deletion of items at any time. All times are approximate. lf special accommodations are necessary per ADA, please contact 945-5004 prior to the meeting. Prepared by: Linda Morcom, Administrative Secretary Posted on: