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HomeMy WebLinkAbout2.0 Staff Report 9.9.09Exhibits - Text Amendment - David Furr - TXTP6109 Public Hearing ef}gp9D Exhibit Letter {Ato Z\ Exhibit A Proof of Publication B Garfield County Unified Land Use Resolution of 2008, as amended C Staff Memorandum D Application E Garfield County Comprehensive Plan of 2000 F Memo from Jake Mall of the Garfield County Road and Bridge Department, dated July 20,2009 G Summary of proposed text change PC TV PROJECT INFORMATION AND STAFF COMMENTS APPLICANT (OWNERS): REPRESENTATIVE: Text Amendment to the Unified Land Use Resolution of 2008, TXTP 6109 Amend the Table in Section 3-502 of the Unified Land Use Resolution of 2008 to allow "Lodging Facilities-M aior", requiring a Major lmpact Review, and allow "Sewage Treatment Facilities", requiring a Limited lmpact Review within the Resource Land Gentle Slopes (RL-GS) and Resource Land- Plateau (RL-P) Zoning Distrlcts and; Delete "sewage Disposal" as a use in Table 3-502 in the Resource Land - Gentle Slopes (RL-GS) and Resource Land-Plateau (RL-P) Zoning Districts and; Modify the definition of "Lodging Facilities-Major" within Article 16-101 to allow on-site recreational amenities and; Modify the current definition of "Outdoor Recreition, Commercial" specifically adding hunting guide services as part of the definition for this use. David Furr Nathan Bell/Bell Consulting Jim De Kam/De Kam EnterPrises I. BACKGROUND The Applicant, David Furr, is a landowner in Garfield County with land holdings located north oi County Road 200 and west of County Road 2O4.The Applicant is considering a lodging/guide iervice business on his properiy which is currently zoned Resource Land (RL) ;; within the Gentle Slope and Plateau categories. _Currently, the RL zoning district does not permit "Lodging Facilities-Major" or "Sewage Treatment Facilities". REQUEST The Applicant is requesting a text amendment for a future Land Use Change Permit to construct a lodging facility-with related accessory uses in the Resource Land - Gentle REQUEST: Slopes and Plateau zoning district. To accomplish this the Applicant is proposing to add specific uses to Table 3-502 that allow the proposed uses to support a lodge/guide service activity. ln addition, the Applicant is proposing to modify two current definitions related to the proposed use within Article XV|. Definitions. The specific amendments proposed are as follows: Amend the text of Section 3-502 of the Unified Land Use Resolution of 2008 to add "Lodging Facilities-Major" as a Major lmpact Review and "sewage Treatment Facilities" as a Limited lmpact Review within the Resource Land - Gentle Slopes (RL-GS) and Resource Land-Plateau (RL-P) Zoning District. Also, the proposal is to remove "Sewage Disposal" as a use in Table 3-502 in the Resource Land - Gentle Slopes (RL-GS) and Resource Land-Plateau (RL-P) Zoning Districts. Modify the definitions for "Lodging Facilities-Major" within Article 16-101 to allow on-site recreational amenities and modify the current definition of "Outdoor Recreation, Commercial" specifically adding hunting guide services as part of the definition for this use. III. COMPREHENSIVE PLAN LAND USE GOALS AND OBJECTIVES The Comprehensive PIan 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. 3.0 Transportation. Development Proposals will be required to mitigate traffic impacts on County Roads proportional to the development's contribution to those impacts. Mitigation may include, but not be limited to the following. o Physical roadway improvements; o lntersection improvements; o Transit amenities; o SignageRequirements; o Alternative traffic flow design; o Funding mechanism to implement necessary mitigation. . Staff review of proposed commercial and industrial development will include a determination of the potential impacts of the project on the local transportation system. Specific issues to be addressed include the following: o Traffic generated based on Institute of Traffic Engineering (lTE) rates; o Existing traffic counts on adjacent roadways; o The appropriateness of proposed access points; o The compatibility with existing and future traffic on the affected roadways. 4.0 Commercial and lndustrial Uses . To ensure that commercial and industrial developments are compatible with adjacent land uses and mitigate impacts identified during the plan review process. . Ensure that Zoning Regulations addressing Commercial and lndustrial uses reflect the changing land use patterns and demographics of the County and encourage the further diversification of the county economy. o Ensure a commercial and industrial development policy that is environmentally sound and acceptable to county residents and policy makers. o The project review process will include a preliminary assessment of the projected traffic impact associated with all commercial and industrial projects. 5.0 Recreation and OPen SPace . Encourage the tocation of active recreational opportunities that are accessible to County Residents. . Access to public lands will be expanded and maintained. . Consistent with the management objectives of either the Bureau of Land Management or the U.S. Forest Service, development next to public lands will be encou-raged, but not required, to provide public access easements without the use of condemnation Processes. 5.0A Open Space and Trails o To ensure tnrt "*isting agricultural uses are not adversely impacted by development approved by Garfield County; . 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. 6.0 Asricultureo Ensure the compatibility of development proposals with existing farms and ranches.. Ensure that active agricultural uses are buffered from higher-intensity adjacent USCS. 8.0 Natural Environment . eropos"O prj*tr *ill be required to recognize the physical features of the land and design prolects in a manner that is compatible with the physical environment. As a proposed Land Use Change Permit, each "Lodging Facilities-Major" and "Sewage Treatment Facilities" 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, Wildfire Hazards, Natural Hazards and Geologic Hazards, Archeological, Paleontological and Historical lmportance as well as Reclamation. V. STAFF COMMENTS The Unified Land Use Resolution of 2008 does not identify "Lodging Facilities-Major" or "sewage Treatment Facilities" as permitted uses in the RL-GS or RL-P Zoning Districts. The current request is to list both uses noted above in Table 3-502 as permitted with approval of a Major lmpact Review and Limited lmpact Review respectively. This is a logical request and may have been inadvertently omitted from the table of uses in the RJsource Land Zoning Districts with the adoption of the Unified Land Use Resolution. Allowing the proposed uses allows for recreational opportunities related to hunting and guide services and the potential need for related sewage treatment facilities when iewage flows exceed 2,000 gallons per day. The applicant has proposed this text amendment to address his needs but an additional consideration should be given to adding "Lodging Facilities-Minor" as part of the text amendment with the requirement of a Limited lmpict Review, to allow smaller scale lodging to occur in support of other types of outdoor activities most appropriate for remote rural areas. An additional staff recommendation is a refinement to the standards listed in 3-316: Sewage Treatment Facitity and to the definition for "sewage Treatment Facilities" to be more consistent with state requirements. All proposed text amendment language, including staff recommended changes, will be shown in its entirety at the end of this section. The request also specifies removal of "sewage Disposal" from Table 3-502. lt appears there is some misconception that "sewage Disposal" was a use placed in the table in error and it should have been "sewage Treatment Facilities". The particular use "sewage Disposal" should remain in Table 3.502 since land application of sludge and s"*ag" waste is an appropriate land use for remote rural areas where sewage is applied to the land and then allowed to bio-remediate. The applicant also requested some modification to definitions for "Lodging Facilities- Major" and "Outdoor Recreation". A "Major Lodging Establishment" is: ". . . a facility catering to more than ten (10) guests or having more than five (5) bedrooms without on-site recreational amenities". The proposed change is to add ". . . more than five (5) bedrooms with or without on-site recreational amenit'res". While there is general agreement with this change the definition should include the nature of the on-site recreational amenity as an accessory to the proposed use. A slight revision to the request is noted below with all proposed changes. The final request is to modify the definition for "Outdoor Recreation, Commercial" to specifically mention "Guide Services" which is the applicants intended use of their property located in western Garfield County near Debeque. The current definition was intentionally written in a broad manner to accommodate all outdoor recreational uses so that each type of outdoor use would not need specific definitions and listing in the table of uses. The current definition does allow for all types of outdoor recreational uses, including hunting guide seryices, and no revision to this definition is recommended. 4 The text amendment is supported by the Comprehensive Plan but additional language is proposed by staff to clarify and eipand the applicant's text amendment allowing for consistency w1h other sections of the ULUR and to clarify language used in the definitions. The following changes to Table 3-502 are recommended incorporating the proposed text amendment with ihe additions noted in the discussion above. Changes to ihe'Taolu 3-502 are shown in the excerpts below and are shown in bold with highlighted text. USE ETSGS Home Office/Business A A Kennel L L Lodoinu Facilities. Maior M M Loduinq Facilities, Minor L L Maior PUC Regulated Electric or Natural Gas Distribution Facilities L L L L Maior Temporary Housing Facility(ies)M M M M Minor TemDorary Housinq Facility(ies)A A A A Use Permitted Subject to Administrative Review Use Permitted Subjecl to Limited lmpaci Review Use Permitted Subjecl to Major lmpact Review A staff recommended change to the standards listed for Sewage Treatment Facilities in Section 3-316 is shown below and is necessary to clarify how the use relates to a site as an accessory and to remain consistent with the proposed language for the definition located in Article tO. Cnanges to text are show as Striketh+eugh = Deletion of text and Underline = Addition of text. Section 3-316 Sewage Treatment Facility A. General Requirements. 1,Thisuse@mavbelocatedonaSeparatelydedicatedlot and is exempt from e+€empfy-with the minimum lot size requirements for the zoning district in which it is located. nt Facilitv s nsidered 2. Ski Lift and Trails i ired bv the ent of Public Health and Environment. rnd the to an ex3.nsion or other Treatment Facility shall in Unified Land Use Resolution of 2008 as amended. Tables of Staff recommended changes to the definitions as noted in the discussion above are shown below. No change to the definition of "Outdoor Recreation, Commercial" is recommended. Changes to text are show as Stnketh+eugh = Deletion of text and Underline = Addition of text. Lodging Facilities. Lodging establishments exclude seasonal employee housing on premises, or contracted employee housing off premises, or a Rooming and Boarding House. Lodging establishments exclude the seasonal rental of homes, or lock-outs or portions of homes, whether managed by a lodging management agency or not, consisting of 2 or less independent lodging units. 1. Minor Lodging Establishment. A facility catering to a maximum of ten (10) guests without on-site recreational amenities. 2. Major Lodging Establishment. A facility catering to a more than ten (10) guests or having more than five (5) bedrooms. without on site reereatienal amenities. On-site recreational amenities are permitted as an accessorv use for the exclusive use of guests and staff. Recreational amenities offered to the general public are considered "Outdoor Recreation, Commercial" and require a separate permit as listed in the Table of Uses in Article lll. Outdoor Recreation (Commercial) An area or facility which offers entertainment, recreation, or games of skill for a fee, where any portion of the activity takes place outside and may include lighted areas for use after dusk. SewageTreatmentFacility.Asystemorfacilityfortreating,@izing;or a+spesins-ef sewage prior to discharge to an absorption area, surface water or other approved location. for which the system or facility has a designed capacity to receive tew two thousand (2000) gallons of sewage per day @ @ or greater, and is requlated bv the Colorado Department of Public Health and Environment. The term "sewage treatment works facility" includes appurtenances such as interceptors, collection lines, outfall and other sewers, pumping stations, and related equipment. VI. STAFF RECOMMENDATION Planning Staff recommends the Planning Commission fonlrard a recommendation of approval to the Board of County Commissioners for the proposed text amendment with the additional modifications as outlined by Staff. VII. SUGGESTED FINDINGS TO THE BOARD OF COUNTY COMMISSIONERS 1. That the hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard. 2. 3. That the proposed text amendment can be determined to be in the best interest of the healih, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield CountY. That the application has met the requirements of the Garfield County Unlfied Land Use Resolution of 2008, as amended' 7 EXHIBIT- & Complete Text of proposed Text Amendment-TXpT-G109 Changes to text are show as; S+i*etn+eugh = Deletion of text Underline = Addition of text. ARTICLE III Section 3-316 Sewage Treatment Facility A. General Requirements. 1,Thisusei@mavbeIocatedonaSeparatelydedicated lot and is exempt from eF€emply-wrth the minimum lot size requirements for the zoning district in which it is located. 2. When part of an overall project requiring a Land Use permit, a new Sewaoe Treatment Facilitv shall be considered an accessory to the Drimarv use and shall not require additional permittinq except for those Permits required bv the Garfield County Public Health Department and the Colorado Department of Public Health and Environment. 3. Expansion. relocation, or other alteration to an existinq and approved Sewaqe Treatment Facility shall follow requirements as noted in the Use Tables of the Unified Land Use Resolution of 2008 as amended. TABLE 3-502 USE P E TSGS Home Office/Business A A Kennel L L Lodging E{qilities, Major M M Lodging Facilities, Minor L L Major PUC Regulated Electric or Natural Gas Distribution Facilities L L L L It4ajor Temporary Housing Facility(ies)M M M M Minor Temporary Housing Facility(ies)A A A A . Use Permitted by RightA Use Permitted Subject to Administrative ReviewL Use Permitted Subject to Limited lmpact ReviewM Use Permitted Subject to Major lmpact Review Processing M M M M Salvage Yard M 9qwage Disposal L L $ewage Traatment Facilities L L Single Dwqlling Units a a Ski Lift and Trails M ARTICLE XVI: DEFINITIONS Lodging Facilities. Lodging establishments exclude seasonal employee housing on premises, or contracted employee housing off premises, or a Rooming and Boarding House. Lodging establishments exclude the seasonal rental of homes, or lock-outs or portions of homes, whether managed by a lodging management agency or not, consisting of 2 or less independent lodging units. 1 . Minor Lodging Establishment. A facility catering to a maximum of ten (10) guests without on-site recreational amenities. 2. Maior Lodging Establishment. A facility catering to a more than ten (10) guests or having more than five (5) bedrooms. witheut en site reereatienal affienities. On-site recreational amenities are permitted as an accessorv use for the exclusive use of quests and staff. Recreational amenities offered to the oeneral public are considered "Outdoor Recreation. Commercial" and require a separate permit as listed in the Table of Uses in Article lll. Outdoor Recreation (Commercia!) An area or facility which offers entertainment, recreation, or games of skill for a fee, where any portion of the activity takes place outside and may include lighted areas for use after dusk. Sewage Treatment Facility. A system or facility for treating, neu+ra+izingi @ sewage prior to discharqe to an absorption area. surface water or other approved location. for which the system or facility has a designed capacity to receive mere then tew two thousand (2000) gallons of sewage per day or qreater. and is regulated bv the Colorado Department of Public Health and Environment. The term "sewage treatment we+ks facilitv" includes appurtenances such as interceptors, collection lines, outfall and other sewers, pumping stations, and related equipment.