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HomeMy WebLinkAbout1.0 Staff ReportPC st4t05 MLB REOUEST: APPLICANT: III. PROJECT INFORMATION AND STAFF COMMENTS Zone District Text Amendment deleting "access routes" from Sections 3.01.03, 3. 10.01, 3.10.02, 3. 10.03 and 3. 10.04.. Garfield County Board Commissioners of County I.DESCRIPTION OF THE PROPOSAL A. Request. The Board of County Commissioners is proposing to delete the term "access routes" from Sections 3.01.03,3.10.01, 3.10.02,3.10.03 and 3.10.04 of the Garfield County ZoningResolution of 1978, as amended. This issue came to light as a result of an application from a large landowner in the Parachute Creek drainage wanting to build a road from the valley up to the plateau to gain easier access to the upper ranch areas. Normally, it would only require a grading permit, but the property owner's representatives determined that an "access route" requires a conditional use permit in the Resource Lands zone district. After reviewing the proposed application, the Board, in conversation with the County Attorney's office, determined that it was more appropriate to remove the term "access routes", than add it to other zone districts, define it and develop review standards for approval. As a conditional use it would not be a deniable permit, just approved with conditions. MAJOR ISSUES AND CONCERNS A. Zonine Resolution: The ZonrngResolution requires a Special Use Permit for an "access route" in the Agricultural/Industrial zone district (3.01.03) and a Conditional Use Permit in all sub-zones of the Resource Lands zone district (3.10.01, 3.10.02,3.10.03 and 3.10.04). The term "access route" is not defined in the ZoningResolution, nor is allowed in any other zone district. Section 1.07 of the Resolution states the following: No building or structure shall be erected and no existing building or structure shatl be moved, removed, altered or extended, nor shall any land, building or structure be usedfor any purpose or in any manner other than as provided amonq the uses hereinafter listed in the Zone District Regulationfor the district in which such land, building or structure is located. The underlined section is the important part of the statement. It means that if a use is not included in a zone district, it is not allowed in the zone district. This type of zoning is referred to as inclusionary zoning, in that a use not included in a district or not included at all in the zoning, is not allowed. The term "access routes" is as noted previously allowed in only two zone districts, meaning it is not allowed in any other zone district. This is a problem, in that access routes are being built throughout the A/R/RD zone district and other zones, with no land use permits having been required for the natural gas drilling activity, due to pre-emption concerns. Many of the natural gas drilling activities may include access routes that may be technically illegal in the A/R/RD zone district and not pre-empted, but there is no definition of what an access route is for the purposes of the Zoning resolution. In most industrial use land use permit applications, there will be an "access route" included as a part of the application. The Supplementary Regulations, Section 5.00 of the Zoning resolution contains a specific section dealing with "access routes": 5.03.12 Access Routes: All conditional uses and special uses must be provided with access routes of adequate design to accommodate traffic volume generated by the proposed use and to provide safe, convenient accessfor the use constructed in conjunction to the proposed use. The minimum design standards shall be the Garfield County Road Specifications. This section gives the Board of County Commissioners the authority to impose conditions of approval tied to road improvements needed for a particular project and to identify an acceptable route. All other access routes are going to be for ranch./farming activities, public lands access, private driveways, natural gas drilling and other similar uses allowed by right or pre-empted by State or Federal regulations. In summary, access routes are generally a part of an application for a land use permit, as opposed to being a separate use. Without a definition and no other real standards to review an application, the land use permit does not serve a lot of purpose.. 2 B. Building Code: Garfield County recently adopted the 2003 International Building Code. As a part of that adoption, the County included Appendix J, Grading. (See included Appendix J). This section requires a grading permit for all grading, excavation and earthwork, including fills and embankments. There are some activities exempted from the regulation, such as agricultural activities. Section J103.2 was modified to read: Grading, Excavation and earthwork construction, including fills and embankments on property classified as agricultural land by the Garfield County Assessor for the purpose of taxation. All other earthmoving activities, including "access routes" are subject to the grading permit requirements. Each large permit is reviewed by the County Engineer's office, based on the criteria set out in Appendix J. Iv. SUGGESTED FINDINGS 1. That all applicable regulations regarding aZone District Amendment have been complied with including, but not limited to, Section 10.00 of the Garfield County Zoning Resolution of 1978, as amended. 2. The Garfield County Planning Commission recommended approval of the proposed zone district amendment. 3. That the proposed zoning is in the best interests of the public health, safety and welfare of citizens of Garfield County. V. RECOMMENDATION The Planning Commission recommend APPROVAL of the application for a zone district text amendment to delete the term "access routes" from Sections 3.01.03, 3.10.01,3.10.02, 3.10.03 and 3.10.04 of the Garfield County ZonrngResolution of 1978, as amended. Z to t /Jtu -/ ohss^--'l^ 5 SECTION J101 GENERAL J101.1 Scope. The provisions ofthis chapter apply to grading, excavation ind eafiiwork construction, including frlis and em- bankments. Where conflicts occur between the technical re- quirements of this chapter and the soils report, the soils report shall govern. J101.2 Flood hazard areas. The provisions of this chapter shall not apply to grading, excavation and earthwork construc- tion, including fifs and embankments, in floodways within flood hazard areas established in Sectiot 1612.3 unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice ihut th" proposed work will not result in any increase in the level of the base flood. SECTION J102 DEFINITIONS JI"02.1 Definitions. For the purposes of this appendix chapter, the terms, phrases dnd worCs listed in this section and their de- rivatives shall have the indicated meanings. BENCH. A relatively level step excavated into earth material on which fillis to be Placed. APPENDIX J GRADING The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance' TERRACE. A relatively level step constructed in the face of a graded slope for drainage and maintenance purposes' SECTION J103 PERMITS REQUIRED J103.L Permits required. Except as exempted in Section liOZ.z,no grading shall be performed without {irst having ob- tained a p""totit Grefor from the building official' A grading permit does not include the construction of retaining walls or other structures. J103.2 Exemptions. A grading permit shall not be required for the following: COMPACTION. The densification means. CUT. See Excavation. of a fill by mechanical DOWN DRAIN. A device for collecting water from a swale or ditch located on or above a slope, and safely delivering it to an approved drainage facilirY EROSION. The wearing away of the ground surface as aresult of the movement of wind, water or ice. EXCAVATION. The removal of earth material by artificial means, also referred to as a cut. FILL. Deposition of earth materials by artificial means' GRADE. The vertical location of the ground surface' GRADE, EXISTING. The grade prior to grading' GRADE, FINISTIED. The grade of the site at the conclusion of all grading efforts. GRADING. An excavation or fill or combinatiori thereof' KEY. A compacted fill placed in a trench excavated in earttl material beneath the toe of a slope' All siope references in the chapter have been modified to show ttre horizontal:vertical relationship. SLOPE. An inclined surface, the inclination of which is ex- pressed as a ratio ofhorizontal distance to vertical distance' ,NNA INTtrtrNATIONAI BI.IILDING CODE@ 1 M in an isolated, self-contained area, provided -rt", " ir"no dan ger to the public, and that such grading will ffi\ , not adversely afrect adjoining properties' F ' 2. Excavation for construction of a structure permitted un- der this code. 3. Cemetery graves. 4. Refuse disposal sites controlled by other regulations' 5. Excavations for wells, or trenches for utilities' 6. Mining, quarrying, excavating, processing or stockpiling rock, s-and, gtarei, aggregate or clay controlled by other regulations, provided such operations do not affect the Ialeral support of, or significantly increase stresses in' soil on adjoining ProPerties' 7. Exploratory excavations performed ylpJ the direction of ^a regisiered design professional This phrase was added tJ assure that the "exploratory excavation" is not to begin construction of a building prior to receiving a p"t rit for the sole purpose of preparing a soils report' Exemption from the permit requirements of this appendix shal1 noibe deemed to grart authorization for any work to be done in any manner in violation of the provisions of this code or any other iuws or ordinances of this jurisdiction' SECTION J104 PERMIT APPLICATION AND SUBMITTALS J104.1 Submittal requirements- In addition to the provisions of Section 105.3, the ipplicant shall state the estimated quanti- ties of excavation and f,rll. J104.2 Site plan requirements. In addition to the provisions of Section 1 0^6, a grading plan shal1 show the existing grade and finished grade in-contouiintervals of sufficient clarity to indi- cate the iature and extent of the work and show in detail that it complies with the requirements of tlr-is code' Drafting require- *"ri, *"r" deleted here.The p1aru shal1 show the existing grade on adjoining properties in sufficient detail to identify o how code APPENDIX J grade changes wiil conform to the requirements of this ----4---lt For Sl: 1 foot = 304.8 mm SECTION J106 EXCAVATIONS J106.1 Maximum slope. The slope of cut surfaces shall be no steeper than is safe for the intended use, and shall be no steeper than 2 horizontal to i vertical (50 percent) unless the applicant furnishes a soils report justifying a steeper slope. Exceptions: 1. A cut surface may be at a slope of 1.5 horizontal to 1 vertical (67 percent) provided that all the following a-re met: 1 .1. it is not intended to support structures or sur- charges. 1.2.It is adequately protected against erosion. 1 .3. It is no more than 8 feet (2438 mm) in height. i.4. It is approved by the buiiding offtcial. 2. A cut surface in bedrock shall be permitted to be at a slope of t horizontal to 1 vertical (100 percent). SECTION J107 FILLS J107.1 General. Unless otherwise recommended in the soils report, fills shall conform to provisions ofthis section. J107.2 Surface preparation. The ground surface shall be pre- pared to receive fill by removing vegetation, topsoil and other unsuitable materials, and scarifying the ground to provide a bond with the fill material. Hemoua Uruuitable fulaE riel J104.3 Soils report. A soils report prepared by registered de- sign professionals shall be provided which shall identify the nature and distribution of existing soils; conclusions and rec- ommendations for grading procedures; soil design criteria for any structures or embankments required to accomplish the pro- posed grading; and, where necessary, slope stabi[ty studies, and recommendations and conclusions regarding site geology. Exception: A soils report is not required where the building offrcial deterrnines that the nature of the work apptied for is such that a report is not necessary. JlO4.4 Liquefaction study. For sites with mapped maximum considered earthquake spectral response accelerations at short periods (S,) greater than 0.5g as determined by Section 1615, a study ofthe liquefacrion potential ofthe site shall be provided, and the recommendations incorporated in the plans. Exception: A liquefaction study is not required where the building officia1 determines from established local data that the liquefacrion potential is low. SECTION J105 INSPECTIONS J105.1 General. Most of this section was deleted or simplified. Inspections shali be governed by Section 109 ofthis code. J105.2 Special inspections. The special inspection require- ments of Sectionl704.l shall apply to workperformed under a grading permit where required by the buiiding offrcial. FIGURE J107.3 BENCHING DETAILS 5 tt. (1584 mml or grseEr 628 2OO3 INTEBNATIONAL BUILDING CODE@ Fill$lops NetJrelSlope I - J107.3 Benching. Where existing grade is at a slope steeper than 5 horizontai to 1 vertical (20 percent) andthe depth ofthe fill ex- ceeds 5 feet (1524 mm) benching shall be provided in accor- dance with Figure J107.3. A key shail be provided which is at least 10 feet (3048 mm) in width and 2 feet (610 mm) in depth. J107.4 Fill material. FilI material shall not include organic, frozen or other deleterious materials. No rock or similar irre- ducible material greater than 12 inches (305 mm) in any dimen- sion sha1l be included in fills. J107.5 Compaction. All frll materiai shall be compacted to 90 percent of maximum density as determined by ASTM D1557, Modified Proctor, in lifts not exceeding 12 inches (305 mm) in depth. Jf07.6 Maximum slope. The slope of filI surfaces shall be no steeper than is safe for the intended use. Fi1l slopes steeper than 2 horizontal to 1 vertical (50 percent) shall bejustifred by soils reports or engineering data. SECTION J108 SETBACKS J108.1 General. Cut and filI slopes shall be set back from the property lines in accordance with this section. Setback dimen- sions shal.l be measured perpendicular to the property line and shall be as shown in Figure J108.1, unless substantiating data is submitted justifying reduced setbacks. J108.2 Top of slope. The setback at the top of a cut slope shail not be iess than that shown in Figure J 108. 1 , or than is required to accommodate any required interceptor drains, whichever is greater. J108.3 Slope protection. Where required to protect adjacent properties at the toe of a slope from adverse effects of the grad- ing, additional protection, approved by the building offrcial, APPENDIX J shall be included. Such protection may include but shall not be limited to: 1. Setbacks greater than those required by Figure Ji08.1. 2. Provisions for retaining wal1s or similar construction. 3. Erosion protection of the fili slopes. 4. Provision for the control of surface waters. SECTION J109 DRAINAGE AND TERRACING J109.1 General. Unless otherwise recommended by a regis- tered design professional, drainage facilities and terracing shaII be provided in accordance with the requirements of this sec- tion. Exception: Drainage facilities and terracing need not be provided where the ground slope is not steeper than 3 hori- zontal to 1 vertical (33 percent). JL09.2 Terraces. Terraces at least 6 feet (1829 mm) in width shall be established at not more than 30-foot (9144 mm) verti- cal intervals on all cut or fill slopes to control surface drainage and debris. Suitable access shali be provided to allow for clean- ing and maintenance. Where more than two terraces are required, one terrace, 1o- cated at approximately mid-height, shall be at least 12 feet (3658 mm) in width. Swales or ditches shalt be provided on telraces. They shali have a mirimum gradient of 20 horizontal to 1 vertical (5 percent) and shall be paved with concrete not less than 3 inches (76 mm) in thickness, or with other materials suitable to the ap- plication. They shall have a minimum depth of 12 inches (305 rnm) and a minimum width of 5 feet (1524 mm). Prope rty Lirp H,5 but 2 ft. (6,l0 mm) mirimum srd rBed mtslcssd 20 ft. (6096 mm) msximum For Sl: 1 {oot = 304.8 mm HE but 2 tt. (610 mm ) miri mum and rped mtexcaed 10 ft. (3048 mm) maxj mum FIGURE J108,1 DRAINAGE DIMENSIONS Pmperty Urp I I I NatJlEl oI E rish Grade rE€pbr Drain Firish Gre& ,ON3 INTFFINATIONAI BI lII DING CONF6i) (it requied) Te ol Sope 529 APPENDIX J A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (1256 m2) (pro- jected) without discharging into a down drain. J109.3 Interceptor drains. Interceptor drains shall be in- stalled along the top of cut slopes receiving drainage from a tributary width greater than 40 feet, measured horizontally. They shall have a minimum depth of 1 foot (305 mm) and a minimum width of 3 feet (915 mm). The slope shal1 be ap- proved by the building official, but shall not be iess than 50 hor- izontal to 1 vertical (2 percent). The drain shall be paved with concrete not less than 3 inches (76 mm) in thickness, or by other materials suitable to the application. Discharge from the drain shall be accomplished in a manner to prevent erosion and shall be approved by the building officiai. J109.4 Drainage across property lines. Drainage across property lines shall not exceed that which existed prior to grad- ing. Excess or concentrated drainage shall be contained on site or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by instalia- tion of nonerosive down drains or other devices. SECTION Jl1O EROSION CONTROL J110.1 General. The faces of cut and fllI slopes shali be pre- pared and maintained to control erosion. This control shall be pennitted to consist of effective planting. Exception: Erosion control measures need not be provided on cut slopes not subject to erosion due to the erosion-resis- tant character of the materials. Erosion control for the slopes shall be installed as soon as practicable and prior to calling for final inspection. JL10.2 Other devices. Where necessary, check dams, crib- bing, riprap or other devices or methods shall be employed to control erosion and provide safety. SECTION J111 REFERENCED STANDARDS ASTM D 1557-00 Test Method for Laboratory 1107 .6 Corapaction Characteristics of Soil Using Modified Effort (s6,000 ft-tUlt|. 2nn3 INTFFINATIoNAI Ftt lll nlNG eOnECR) o 630 3410.6 Evaluation process. The building owner shall cause the existing buiiding to be evaluut"d in accordance with the provisions of this section by a design frofessional(s) iicensed to practice in the State of Colorado. The evaluation process specified herein shall be followed in its entirety to evaiuate existing buildings. iable 3470,7 shal1 be utilized for tabulating the results of the evaluation. References to other sections of this code indicate that compliance with those sections is required in order to gain credit in the evaluation herein outlined. Ir applyrng this section to a buiiding with mixed occupancies, where the separation between the mixed occupancies does not qualify for any category indicated in Section 3409.6.16, the score for each occupancy sha11 be determined and the lower score determined for each section of the evaluation process sha1l apply to the entire building. Where the separation between the mixed occupancies qualifies for any category indicated i.n Section 3409.6.76,the score for each occupancy sha1l apply to each portion of the buiiding based on tlie occupancy of the space' The following Appendixes are adopted: Appendix I Patio Covers Appendix J Grading 61, Section J103.1 is amended to read as follows: J103.1 Permits required. Except as exempted in Section J103'2, no grading shall be preformed without first having obtained a permit from the County Engineei. A grading permit does not include the construction of retaining walls or other structures. 62. Section tll3.2 (1.) is arnended to read as follows: ,l a t1 J103.2 Exemptions. A grading permit shall.not be required for the following: 1. Grading, Excavation and earthwork construction, including fills and ernbankments on property classified as agricul'tural land by the Garfield County Assessor for the purpose of taxation. 40 \.___-,2 /