HomeMy WebLinkAbout1.0 Staff Report 4.28.10Exhibits for Public Hearing held on April 28, 2010 for a Text Amendment for
1) lnclusion of the Traffic lmpact Fee requirements to Article Vll Standards;
2) Addition of the "Location & Extent" review process required by the Colorado
revised Statutes;
3) Clarifications and amendments to Section 4-502 (lmprovements Agreement and
Development Agreements);
4\ To correct generaltypographical and format inconsistencies.
)t
fLta4,,,
p*)
trf.
/1
T
Z
c,c.41 ht^ J [ /
I /u,/l,J 4 Lu "/l
'ul)-l
fftr
f-/
,r r/o
+
{ l),-u n
1J
/]r".^, /t
{/zc
)--*---
f'-bl
)oo-
)t'
t/'-'
u/-
(//
L'nJ' h
Exhibit Letter
{A to Z}
Exhibit
A Proof of Publication
B Garfield County Unified Land Use Resolution of 2008, as amended
c Garfield County Comprehensive Plan of 2000
D Staff Memorandum dated 4128110
E Proposed Languaqe for Traffic lmpact Fees
F Proposed Language for "Location & Extent"
G Proposed Language for Development / lmprovements Agreements
H Matrix with proposed Typographical errors
I
J
.4(.4' \--)
/0+D
Ad rD lgfr.a i
Date
PUBLIC NOTICE
TAKE NOTICE that the Director of the Garfield
County Building and Planning Department is pro-
posing amendments to the Text of the Garf ield
County Unified Land Use Resolution of 2008, as
amended. The Board of County Commissioners is
required to refer these amendments to the Garf ield
County Planning Commission in orderto obtain
their recommendation in order to contemplate their
recommendations in a noticed public hearing.
Specifically, the proposed amendments include the
following:
1) Addition of the "Location & Extent" review pro-
cess required by the Colorado revised Statutes to
the U nif ied Land Use Resolution of 2008, as
amended;
2) Clarifications and amendments to Section 4-502
(lmprovements Agreement a nd Development
Agreements);
3) lnclusion of the Traffic lmpact Fee requirements
to Article Vll Standards;
4) To correct general typographical and format in-
consistencies;
5) Eliminate all references to "Final PUD' in Afticle
Vl and amend the PUD Submittal Requirements.
All persons affected by the proposed amendments
are invited to appear and state their views, pro-
tests or support. lf you can not appear personally
at such hearing, then you are urged to state your
views by letter, as the Planning Commission will
give consideration to the comments of surrounding
property owners, and others affected, in deciding
whether to recommend approval of the proposed
amendments. The draft amendments may be re-
viewed at the office of the Planning Department lo-
cated at 108 Bth Street, 4th Floor, Garf ield County
Plaza Building, Glenwood Springs, Colorado be-
tween the hours of 8:30 a.m. and 5:00 p.m., Mon-
day through Friday.
This public hearing where the Planning Commis-
sion shall make a recommendation to the Board of
County Commissioners regarding these amend-
ments has been scheduled for April 28,2010 at
6:30 PM which will be held in the County Commis-
sioners Meeting Room, Garfield County Plaza
Building 108 Bth Street, Glenwood Springs, Colo-
rado.
Published in the Rif le Citizen Telegram and the
Glenwood Springs Post lndependent on March 25,
20'10. [4708438]
Ad shown is not actual print size
Time Frc AM I0310112010
@1etrrtA-
Acct:
Phone:
E-Mail:
Client:
Caller:
Mon, Mar 01 ,2010
4708438
1 008693
(970)945-8212
Fred Jarman
Ad Ticket #5
Name:
Address:
O7:3'l:34
Garfleld County Building
108 8th Street - Ste 401
_Receipt
City: Glenwood SPrinss
State: CO Zip: 81601
Ad Name: 4708438A
Editions: 8CT/8PlN/
Start: 03125110
Color:
Copyline: 4708438 rct Land Use
Original ld: 0
Class: 0990
Stop: 03125110
lssue 1
ReP: Deb Davis
zuEuillQllt6
TAXE NOTICE trat ilra DI4iiior .ri lhe Gitil*id
Ccrit! 8, r umq arc Phn..r:g Doialn {{ is po
p.s,:,1 .alrFrdii€irs 1.r le T(r, ci tF€ C6r,F:d
hrilv UrdreJ Lnrd Ll+ n+slut'r.; 2riiF As
a:,drxi*d Ili, Darrl d Gstt ar,(ii$<Lrr?{s rs,a+,ilx l, r{'<r th.$ afrr}dre rls t}lhi f.LSrcld(:orjrry pltsnnri0 (:mmr(qon rt :6.r lo ohtnin
tli-rr r& ,srn(j&t+r il cder I rid+nplar ll€rr
r&.*)oaryJatis in a rricorJ priirh h6f{3,
Sl"yilr.dly. rh& rr.Frv.d mGrfrinls irrld+ lk
h'*lYr^q'
1i Afi(ff d ls -Laza:irrl 8 Erlen- ,*u+v? pI+
lris "o,i(ird lv lr'c CA:.u:h r+vi!iJ Sldhr+t ic
lDr Llrr,.a.J Larrl Ust Rtsdtilitr .>l 2t18. ^ratcnM:
2) fii6raE:6s ird an!ere:erl!!o S€,aM 44CZ
i ln Fro!6n+nli A(r+ail*nt and De.rFlsff,r€nl
&.f,eemefltEli
l) lmilj:,lh:, !b TrsE lmfd Foa,fl,r,.mpils
rr Anr.r6 vil sI^&ilx:
,l To r.rai{fr 06nir6llyF;lr6phi{ai sd itrsa n'
auld{4,rics:
;) Etrmin3tDd, re:srFftislo .Fiir, a_'UD' [1 Arr.k
V, sM Mard th{ FUD SL&mntal R4ui.,mr,rs.
rll flq.s15 $t(.14 by lt j FIrB)seC nnaadmo{s
art il,f'r{d ttu alrrd :trd slalc lhair v:(,a9. rr+,a{s iv srFf{xl I y.r., il rd np,lsdr J,nlsrsl,ya s,Eh hlai:r?. lhd,) Y(u aI, ut!# k) d.de wn,
v,ews ty rsx$r: as lro flennirE'dcsBlrsbn wil:
q'v€ as$drvfl,s,tc'tl! c.)nflanls d garivd rvJ
r/'ct:('i! ?)#r3's iryl dho:s 5,lactGr. ll .ie.ji,i\lqhorhfi:o rra:)F..mrid 4Frcva: a/ lh3 F'inr)9d
an,+rsni{ nis. Ito dr* 3H cndf,6ils ?sy br re.
upncc a t + (rlla. olrhF Phftrl1l oaufrfibfil I1
cared d 1i6 (th i{eet. *li Fkvir. Garitii G"imiyP.iE Brildiha. ClenRxS Sprlnqs. Ordado ha-
tr6.r :he rutrq il t:10 h nr a,{ 5 ,C tr nr tr16-
*{ lhnrgh r:My.
Tllc luDnc iAish1 wherd r,E Phnn n3 C(yr1,,s-
9sl Jhll nrl* r r€i)rrmarrldl*x lo tre Fid{ d
C.ilnty CLflroisaispG returdrm licsg am6nC-
n,srli lirs D!r, sl,Hju,+<i kx A-pr,l 26 ?C l0 al
5:31' P\4 atiich siri b€ he( in tl:€ Cculry C.atore
sio,rsr$ Mssrioo R*!r Caa'sli C(rrJy P,i./a
Bu'lii,rg 1Ce 8ili6lree1. cleriwJ q*ir€'s. cir*
r*).
PublirlierJ iD lhe Ai,ie GilieD T$,erias arxj lhe
C)lcrM, Slrirqs Prxl ideo+rdcrnir) lJlyLn 25.
2CiC. lJ7a8€A
Ad shown is not actual print size
Lines: 56
Depth: 4.68
Columns: 1
Discount: 28.34
Commission: 0.00
Net: 0.00
Tax: o.oo
Total 0.00
Payment 0.00
5-I€5(,
00
F
o
41
-
EEF
o
i
z
-{f+.El
Erl
,Ut-lr!
Eo
E
-1N
trlz
-{H
EoF
F,
=
ira*{ F*aEia*[*s;Iaiilr a€iq$iEili i 3
g* Ari rti[at;t1lr 5
=E;:g negxiIrh'[6 e
aIi*a *;EEig[;lr p
+ x + i* t: +t$ag cf: E
frlg6e lrl13;;rti EElfi= 3:f++rIq:i Z$BEg Fegal:=pii 1eiir EfEAgiFF1r Fslxr ?giAiH;i8.3 A
asEE1EBrEiEEi$EI = le sHrll F
ov)a{
oHooJ-
(h (n
OCA^o9H
oHoo.
AN
tpNAiL:
:ioi.Ea5 na9
!:- (D
9aD
ts"H
N)l
sl)ea
id
d
o
ID
o'
o'Ft
.D
(_)o
o+)
o
TDr-t
;io
p-
ts
(Ddot
o)
U
FO
a
z
a:
C'
o
z
o
p
U)
U)
o
(D
XE
Ho2
Fr
F)i
\o
hJo
.tr
o
D'
+t!
oo
oe
om(/t @I z.o*oAt;q"-
3 9o=
o6-1=68.,;
-cD
7a--
Hffi ffi*;$TtTi ffitffi*ml
FO
o
oHo
o
0
.D
H
l0
o-
U)
a
o-
SJ
+)
Fl
t.J
Thu, Mar
4708438
18,2010 10:20:00
Ad Ticket #5
ACCI: 10086e3
PhOne' (e70)e45-8212
E-Mail:
Glient:
Gal;"t. Fred Jarman
_Receipt
Namg. Garfield County Building
AddfeSS: 108 Bth Street - Ste 401
City: Glenwood SPrings
State: CO Zip:81501
Ad Name: 4708438A
Editions: 8GT/8P!N/
Start: 03125110
Color:
Gopyline: 4708438 rct Land Use
Original ld: 0
Glass: 0990
Stop: 03125110
lssue 1
RgP' Deb Davis
PL]BTIC NOTICE
TAKE NOTICE tlll the Cireder (, ltr+ Gadi6lJti)(mt, Burlltn! 3hl Plarn,hl O6p-v!ffr€nt s r.r.-
!()$riq rrr'+,trlrr*h:s ri, Ilt+ T;rt ,, tlrc c:ilheldClrrly Ur'ili.ti La,l 1..$' e+iolul/..n i, 2&o6. rs
;dn9tul*rl. -Ill? 8fid o{ (htrty ketr.,sstrers i9
r.xluirsl lo r+trr llrr* anlqxrnr+nts tollB Gadiekj
Oounty Flanlr., Cmmt$t('rr rn r.d+r t),)blarn
:riur rsonilrqt (rrltst rn qi:er l(r a{rte[rFhtp llF,.a)rlimc*tji.rs in a EXk)iJf, frrilk; h+airi0.
,<pa:ifii:ally. th+ pmlxsd axerrinents iryilui+ the
,.:lis.ririr:
1) A*ink)n d lhe 'Li",:ialbr & Ext!,{' rcvlerv pc
cesg r6(uiral by lhe C.*oract: r€vised Strilutac ti)
llrg lrnrlied Land Use F:r$(r!li(r1 o, ?003. issaftldl:
2) Cldificltiss el tr!erldrnlols to Sectml 4-5,i2
iirnfrovexrdrils A$rs&rn4Dr anC Div+loFrnrnl
Aqre+m+r(tl:
3) hxilusi.ri o, lhF TriirE hnFaX Fea lqluirenertt
lQ Aniclr vll sL*hdsl.ll J(r corrpct g€nerill typiruaprilrd &o ldn, d nr
fimssert,65.
5) Ehninal* aJ, r+lerrrrces ro "Frn.{ PLjD" ln Anick
Vl .Irl afiltrrl lire PUD Sutr,niniJ qe:Ir/jre,neds.
A,l }1;rlx* iftecteii by ti€ pri)Fr!*ad an€minlsits
ar+ inyiled tii;rppea ift1 stit6 th+ir virrvs, prit
le$s r{ upffrl. [ !r'u .i. m .{,patr Fers{ullyiil srrh fFiyin.l. lf,en Bt ur+ lrr.lHi l.) slat* iar,vie!rs l:y le llqr. ai the Plar(rnil Caffmts$kiD will
trye c,IiS.jlrdirl lallhe eoftrfir,ir*6 c{ $ra@Jrtg
profi€rly {rwners, rr)d (.lhers o,t6clsr, rn dacidio1]
whslhet lo reacmmeod 4lproval i, tho pl$F)+.j
itBr6r*,rl+nts. -Ih4 dr.tll am+ridn:ent9 miry he re-
vressr i, rhc rlfii,6 4.,1lhe Plsrir.g nepsn+nt k,cflte il 1,iB gll, Sf++t. lrli FkDr Gdfr€lii Cdntv
Pkrri lirnl{ii,ro, Glafirr,xvl Sphnls. C(i,i*}) be.
llvoor tho lrurs c{ 8:3C a m. ad 5:00 p.or . Ms..iI, tltr&$h Foday.
Tr{s publ,c h6atn.! lrner( lne Plafrninq c(ormrs.9i., siuill tr,,tke a r*(rn'rre,xldrrl t, the Bift a,Clrrly a;r rnnr ts5itrors rq.larlinO rhtssc anr en l.
$€nls l(rs De6n erl,.dulid ,d Aprtl 2tr. 20'!? ar
a,:al0 PM lrhr.h will t s l:€i'l in he GErilv (}rn 0fls-
siaill+rs l\leelrno fi6m. C:trtielLl Corinlv PIa2a
?uild,nO 10S tllh-Slrrcl. Gler,wqtd Spnr,ir!. Cok!
rak).
Putlji$triirj in ttra Bifl+ Citiz+o Te,eirrant aild th€{}lgh*uyl Sli[rrs P€t lnd+F€m?rl Ln M.yrh 25.
2n10. [4708riiJ]
Ad shown is not actual print size
Lines: 56
Depth: 4.68
Columns: 1
Discount: 28.34
Commission: 0.00
Net: 0.00
Tax: 0.00
Total 0.00
Payment 0.00
Ad ID 4708438 Date 03/01 12010 Time 7:29 AM
PUBLIC NOTICE
TAKE NOTICE that the Director of the Garfield
County Building and Planning Departmen-t is pro-
posing amendments to the Text of the Garfield
County Unified Land Use Resolution of 2008, as
amenrjed. The Board of County Commissioners is
required to refer these amendments to the Garf ield
Co'unty Planning Commission in orderto obtain
their rdcommendhtion in order to contemplate their
recommendations in a noticed public hearing.
Specifically, the proposed amendments include the
following:
1) Addition of the "Location & Extent" review pro-
cess required by the Colorado revised Statutes to
the Unified Land Use Resolutiqn of 2008, as
amended;
2) Clarifications and amendments to Section 4-502
(lmprovements Agreement a nd Development
Aoreements):
3ilnclusion of the Traffic lmpact Fee requirements
to Article Vll Standards;
4) To correct general typographical and format in-
consistencies;
5) Eliminate all references to "Final PUD' in Article
Vl and amend the PUD Submittal Requirements.
All persons affected by the proposed amendments
are invited to appear and state their views, pro-
tests or support, lf you can not appear personally
at such hearing, then you are urged to state your
views by letter, as tha Planning Commission will
give consideration to the comments of surrounding
property owners, and others affected., in deciding
whethei to recommend approval of the proposed
amendments. The draft amendments may be re-
viewed at the office of the Planning Department lo-
cated at 108 8th Street, 4th Floor, Garf ield County
Plaza Building, Glenwood Springs, Colorado be-
tween the hours of B:30 a.m. and 5:00 p.m., Mon-
day through Friday.
This public hearing where the Planning qommis-
sion ihall make a rbcommendatiq!-t€+haQoard of
County Commissioners regarding these dlne\
ments has been scheduled for April 28, 2010 at
6.30 PM which will be hel{in the CountY 99!rymis-
sioners Meeting Room, 6arffi*fotifrI--y Plaza
Building 108 8th Street, Glenwood Springs, Colo-
rado.
Published in the Rif le Citizen Telegram and the
Glenwood Springs Post lndependent on March 25,
2010. [4708438]
Ad shown is not actual print size
Acct:
Phone:
E-Mail:
Client:
Caller:
Mon, Mar 01 ,2O1O
4708438
1 008693
(e70)945-8212
Fred Jarman
Ad Ticket #5
Name:
Address:
O7:31:34
Garfield County Building
108 8th Street - Ste 401
City: Glenwood SPrings
State: CO Zip: 81601_Receipt
Ad Name: 4708438A
Editions: 8CT/8PlN/
Start: O3l25l1O
Color:
Copyline: 4708438 rct Land Use
Original ld:
Class:
Stop:
lssue
Rep:
0
0990
03125110
1
Deb Davis
tiesing where th& PHn,In!, C$nmi$-
siFllr'itlg a reaimmgdiriltrle t€ Ftvric ?.{
FU[]LIC NOTItr
TAxE NoTlcE itd lns Dl*xior el :he Gitli]lJ
tusry 8rr{ogdr( PhrEil:9 Ddalrr+r{ ri pr}
p.)srrf air*rdxr€iis t)l* Tlxl <, lne GarrIFld
Cd.,ari Jdri{iC Lird Lls n+$lur#.r 2di, ^aarri*i€d. nr Forad d e({y Arr$is$Jl{s ls
rcrlrar* t4J.iler thale amlMne,ils rlth{: r-fitrrold(j.,rri:v rl3nnrr.t (;tr,mrsson !n -.d5r ro olrr;n
lhir rs:-4.tr,(,ndltn ' '4 cdsr 1..;r-{(:r'f[rl+ ll19i
ro:qnnoiiblis ina mDed Frurlia hG.ir3.
*\rtr"billy. the p(t*4d merd}'rnl! irc[frn l&
hI}*r\9.
1) !.*J(;in c, iiB "L.rFtior {i Exlod r*!i*w trc-
:.,\< id lria1d Fy il,c CJut.+.tr, I.v'5r] Slnlu'ft l.)
lhr Lrr,iiod Lirn Uer Rcsdrnrs,, at 2{:,i. A"-
A Corrt*sr arc arreffi6ris to S*ili(fl 4.5C2
iiorpro!enlnls Aqrees+ot aff d Drrv9lof.,fr enl
:) rr,liil 11;n rhtr T.drc kf,a:l Fee rqur€mpils
fr Ani.l6 v;r slMds',) Tc c.ir:, 9.6+rel tyr{.9rilhlcir, slrfrsd in.
5) EXilr6alrall r4iornr.1ptll Tinal fJUD'xr Arr.la
V,rnd '*ad lhr FUD Sr&milal Fl4nttDens.
Lines: 56
Depth: 4.68
Columns: 1
Discount: 28.34
Commission: 0.00
Net: 0.00
Tax: o.oo
Total 0.00
Payment 0.00
Crrrrly Ccmtnrssrc'e,T regar{ilre lncs, an$nc.
n,;rf< lils l+&il sifi#u +o k, At"l ,8. 2C1O *t .a3u P\, sJch wiil t's heulr:'11._Carnt, Cs,)n'rs/
.s-iorrers Mselir)u R*,ri. Ga4ra,C Courry p,lr'a
Euilli,l llg Srlislree!. G{rr,wJ Sg:r,r'ps.;04c'Y' .,'
PJursried io th. Frli+ Cilaen T!*ilrsm a,){ lh6PJUrsried in th! Rrlls ciirpn Til*6r;m a,){ th6
\ll.ill&y[ Slvl,Us P{ht ifelr.ffcrt ri t*retr 2:.2c10.'1.1iE{q___--l
Ad shown is not actual print size
EXHIBIT
J>
TO:
FROM:
RE:
PC 4/28/70
FJ
MEMORANDUM
Garfield County Planning Commission
Fred A. Jarman, AICP
Director, Building & Planning
Text Amendments to the Unified land Use Resolution of 20008, as amended
to include:
k hlj
1) lnclusion of the Traffic lmpoct Fee requirements to Article Vll Standards;
2) Addition of the "Locotion & Extent" review process required by the
.€- colorado revised statutes;
3) Clarificotions and amendments to Section 4-502 (lmprovements
Agreement and Development Agreements); ond
4) To correct generaltypographicol and format inconsistencies.
l. Background & Purpose
As expected and anticipated, as Staff has been administering the new Unified Land Use Resolution
of 2008 (the New Code), we have identified substantive conflicts, mis-references, typographical
errors, unintended timelines, and unanticipated omissions of language and regulatory provisions
that did not carry over into the New Code from the Zoning Resolution of 1978, as amended and the
Subdivision Regulations of 1984, as amended (together known as the Old Code). ln order to resolve
these issues, this memorandum contains a list of proposed amendments to the New Code to
address these identified issues. The specific amendments that are covered in this memo include the
following:
1) lnclusion of the Traffic lmpact Fee requirements to Article Vll Standards (attached as Exhibit
E);
2) Addition of the "Location & Extent" review process required by the Colorado revised
Statutes (Attached as Exhibit F)
3) Clarifications and amendments to Section 4-502 (lmprovements Agreement and
Development Agreements) attached as Exhibit G;
4) To correct general typographical and format inconsistencies (attached as Exhibit H);
Traffic lmpact Fees
The Board of County Commissioners adopted Traffic lmpact Fees (Resolution 97-111, reception #
517936) and included them in the subdivision regulations (section 9:49) of the old code via
Resolution 97-O4, reception # 503446, and adopted Road lmpact Districts via Resolution 98-28. ln
the adoption of the new code, this section regarding impact fees was inadvertently left out of the
subdivision regulations. Staff recommends re-inserting them in Article V (Divisions of Land) in the
new code just as they existed in the old code with no change. This language is provided here as well
as "Exhibit A" and "Exhibit B" which is a worksheet to calculate the fee as it would only apply to
Divisions of Land. Staff suggests adding this language as a new separate section, Section l-406 in
Article 7 (Standards) as follows:
Section 7-406 Stondords for Traffic lmpact Fees
A. General Requirements
Off-site road impocts sholl be evaluated for subdivisions throuoh completion of a traffic
studv identifvina the volume of troffic aeneroted from the development. based on Trip
Generation Rate calculotions utilizina the most current lnstitute of Traffic Enqineers.
Trip Generation Manual. to estoblish an Averoqe Dailv Traffic (ADTI. The rood impact
fee shall be established as a result of enterina the applicable dota identified in the Rood
lmpact Fee colculation Work Sheet locoted in Appendix A.
Fiftv percent (50%l of the road impoct fees shall be collected ot the Final Plot for o
subdivision. if the affected Countv road proiegt is scheduled to stort within five veors in
o Copitol lmprovements Plon odopted bv the Board of Countv Commissioners. All other
road impact fees will be collected ot the issuonce of o buildinq permit.
Anv road impact fees collected will be put into a separate interest bearina account in
the Countv Treasurer's office, for eoch road that impact fees are collected. All fees
collected ond interest accrued must be spent on copital improvements to the specific
road for which the fees were collected within twentv (20) veors of the date that the fee
is established. All capital expenditures must be consistent with the capital
improvements plan used as a basis for estoblishina the fee. lf . after twentv (201 vears.
the fees collected have not been spent in occordance with the copital improvements
plan used to estoblish the fee. all fees will be returned to the land owner of the propertv
assessed an impact fee. with interest accrued.
To the extend the Countv has expended funds consistent with a capital improvements
plon for o particulor road and o propertv owner hos not paid a road impact fee as
required for a buildinq permit which estoblishes additionol ADT. the impact fee shall be
collect at the time a buildina permit is issued to recoup the expenditure. Anv fees
collected after the completion of an identified road proiect. will be credited to the
oppropriate proiect ond will be used to reimburse the Countv for the funds advonced to
complete the proiect.
The Countv mav use road impact fees for a specific road improvement identified as o
critical facilitv with a hiqh prioritv for heolth and safetv reasons in a Capital
lmprovements Plon adopted bv the Boord of Countv Commissioners. in odvance of the
completion of the entire road improvement proiect. Anv such use of funds must be
consistent with the basis for the impact fee. lf , after the use of road impoct fees for a
criticol facilitv rood improvement. the Countv fails to complete the entire proiect
identified in the capitol improvements plan within the twentv (201 vear period of
collection. the proportionate shore. with interest. will be returned to the owner of the
propertv subiect to the impact fee bosed on the actual amount of the expenditures
made on a particular road svstem.
As a part of the Capital lmprovements Plon, the Board mav determine that certoin
portions of the road improvements to a road ore critical to complete. before there ore
anv odditional traffic qeneratina uses odded to the rood. lf o development is proposed
before the Countv has scheduled to make the necessorv improvements identified in the
Capitol lmprovements Plan, the developer mav be allowed to pov the totol cost of the
needed improvements prior to the Countv's schedule. The Countv will reimburse the
portion of the cost that exceeds the amount that would be applicable for road impoct
fees. plus interest^ bv the time thot the proiect had oriainallv been scheduled to be
completed. lf the Board of Countv Commissioners has not established a bose road cost
per ADT for the orea in question. the applicont will not be obliqated to provide on
analvsis of the off-site road impocts.
B. Traffic Study Areos (Via Resolution 98-28) (Map attoched)
Traffic Study Areo Estimoted Cost Level of
Service
Design Capocity
(ADr)Cost per ADT
Area 1A Totals / Fees s 70,000 E 16,000 S 4
Area lTotals/Fees S 4,34o,ooo E 15,725 5 zte
Area2Totals/Fees S 1,54o,ooo E 13,800 5 Lt2
Area3Totals/Fees S 3,83o,ooo E 76,977 5 226
Area4Totals/Fees s 1,760,000 E 76,977 s 104
AreaSTotals/Fees s 3,41o,ooo E 16,200 s 210
Area 8A*S szo,ooo E 17,000 s 31
Area 8B*S 1,77o,ooo E 17,000 S 104
Area 8C*s 790,000 E 77,700 S 68
Area 8D*s 710,000 E 7L,700 (61
Area 8E*s 1,600,000 E L1-,700 s 1,37
Area 8F*s 1,81o,ooo E 1,1,,700 s 155
Area 8G*5 2,220,000 E 77,700 s 190
Area 8* Totals S a,zoo,ooo E
AreagTotals/Fees 5 2,24O,0O0 E 18,433 s 722
Area 10 Totals / Fees S 3,160,000 E 16,200 (195
Area 11 Totals / Fees S G,22o,ooo E 16,200 S 384
C. lmpact Fee Worksheet lnstructions
1) Note the name for the project or fee poyer on line 1 os well os the type of lond use.
2) Enter the rood cost at the point of service on line 2. The rood cost will be bosed on a Capitol
lmprovements Plon odopted by the Boord of County Commissioners.
3) Enter the road capacity (expressed in Average Doily Trips [ADT] at the point of service. This
moy be determined by the Special Report 209, Highway Capocity Monuol (1994,
Tronsportation Research Boord).
4) Colculote the bose road cost per ADT at the point of service by dividing Line 2 by Line 3. Enter
the result on Line 4.
5) Determine the ADT per Lond lJse from the ITE Trip Generotion Monual or another credible
source occepted by the Boord and enter the result on Line 5.
6) Colculote the Bose Traffic lmpoct Fee for the type of land use by multiplying the ADT per
Land Use (Line 5) by the Bose Road Cost per ADT (Line 4) ond enter the result on Line 6.
7) Calculote Tox Credits as follows:
o. Enter the equivolent of 80% of the Road ond Bridge property tax mill levy (for the type of
land use) on Line 7.
b. Enter the County Discount Rote (the rate of return the County receives from its
investments) on Line 8.
c. Enter the Road Design Life (in yeors) on Line 9.
8)
s)
d. Enter the Present Worth Foctor (PWF) on Line 70. The PWF for vorious combinotions of
Term and Discount Rotes is found in the Appendix.
e. Calculate the Net Present Value of the tax credit by multiplying the Rood & Bridge
equivolent tox (Line 7) by the PWF (Line 70). Enter the result on Line 17.
Calculate the UNADJUSTED ROAD IMPACT FEE by subtrocting the tax credit (Line 11) from
the Bose Troffic lmpoct Fee (Line 6). Enter the results on Line 12.
Colculate the INFLATION ADJUSTMENT as follows:
On Line 13, enter Denver-Boulder Consumer Price lndex (CPI) for the yeor the rood cost
estimote wos prepored or the year the cost estimote is bosed.
Enter the CPI for the yeor the impact fee is collected on Line 14. lf the current CPI is not
ovoiloble, use the averoge rote of change for the lost three years to derive the current
yeor index.l
Calculote the lnflotion Factor by dividing the entry on Line 14 by the entry on line 13.
Enter the Result on Line 15.
70) Calculote the PRE-CONSTRUCTION INFLATION ADJUSTMENT IMPACT FEE by multiplying the
tJnodjusted Rood lmpoct Fee (Line 12) by the lnflotion Factor (Line 15). Enter the result on
Line 16. Note: This adjustment is not necessory if the construction cost estimate is
determined the same year os the fee is collected.
71) Colculote the POST-CONSTRUCTION ADJUSTED IMPACT FEE os follows:
Enter the County's Discount or lnvestment Rate on Line 17. lf the road construction was
finonced, derive the finonced rate lrom the debt repoyment schedule prepored for the
financing ond substitute the derived rote for the Discount Rote.
Enter the number of yeors since the road was constructed on Line 18.
Determine the Compound lnterest Multiplier from Appendix A. Enter this multiplier on
Line 19. ln the cose of debt financing, enter the imputed multiplier from the debt service
schedule prepored for the finonce instrument.
Calculate the POST-CONSTRUCTION ADJUSTED IMPACT FEE by multiplying the
UNADJUSTED ROAD IMPACT FEE (Line 12) by the Compound lnterest Multiplier (or
imputed finance multiplier)from Line 19. Enter the result on Line 20.
b.
o.
b.
d.
D,Tt lm Fee Worksheet
ROAD IMPACT FEE CALCIJLATION WORK SHEET ("Exomple")
No.BASE INFORMATION
Traffic lmpact Study Areo 8D
Dote Prepored 2/16/2010
1 Project / Lond lJse (Number of Total Dwelling Units, lncluding ADUs)27
2 Base Rood Cost S3,790,ooo
3 Rood Capacity in ADT 14,i50
,Road Cost per ADT $264.11
5 ADT per Land Use 9.57
6 Bose Rood lmpoct Fees per Lond Use $2,s27.55
TAX CREDITS
7 80% of Annuol R & B Property Tax per Lond Use 528.16
I County Discount Rote 4.78%
I Rood Design Life (Years)12
10 Present Worth Foctor 8.98
11 Property Tox Credit Szsz.zg
12 UNADIUSTED ROAD IMPAC| FEE $2,274.76
[Bose Rood lmpoct Fee - Property Tax Credit]
INFLATION ADJUSTMENT
13 Denver-Boulder CPI Yeor of Cost Estimate 158.5
74 Denver-Boulder CPI Yeor of lmpoct Fee Calc.191.9
15 lnflotion Foctor 1.2107
[CPl for Collection Yeor/CPl of Yeor of Cost Estimote]
16 PRE-CONSTRUCIION INFLATION ADIUSTED ROAD IMPACT FEE 52,2s4.77
P OST-CON STR U CTI O N CO ST ADI U ST M EN T
17 County Discount Rote 4.78%
78 Term (Yeors since Construction o
19 Com pou nd I nte re st M u lti plier 1.0000
20 POST-CONSTRUCTION AJUSTED ROAD IMPAC| FEE
TOTAL FEE BREAKDOWN
TOTAL FEE FOR TOTAL NUMBER OF DWELLING UNITS $za,zoo.ga
1/2 OF FEE TO BE PAID AT FTNAL PLAT 537,7a0,49
IMPACT FEE TO BE COLLEC|ED WITH EACH BUILDING PERMIT 9t,377.06
E. Mop of Troffic Study Areos (via Resolution 98-28)
lrZ
i:!;iiEii:::E.:::ii:;=:f
:= !-i:: :z=:!i
EXHIBIT
,€e
V
Traffic lmpact Fees
The Board of County Commissioners adopted Traffic lmpact Fees (Resolution 97-111, reception #
517936) and included them in the subdivision regulations (section 9:49) of the old code via
Resolution 97-04, reception # 503446, and adopted Road lmpact Districts via Resolution 98-28. ln
the adoption of the new code, this section regarding impact fees was inadvertently left out of the
subdivision regulations. Staff recommends re-inserting them in Article V (Divisions of Land) in the
new code just as they existed in the old code with no change. This language is provided here as well
as "Exhibit A" and "Exhibit B" which is a worksheet to calculate the fee as it would only apply to
Divisions of Land. Staff suggests adding this language as a new separate section, Section 7-406 in
Article 7 (Standards) as follows:
Section 7-406 Stondords for Traffic lmpact Fees
A. General Requirements
Off-site rood impacts sholl be evoluated for subdivisions throuah completion of o traffic
studv identifvinq the volume of troffic aeneroted from the development. based on Trip
Generation Rote calculotions utilizina the most current lnstitute of Traffic Enqineers.
Trip Generation Monual, to estoblish an Averaae Dailv Traffic (ADTI. The road impoct
fee sholl be established os a result of enterina the applicable dota identified in the Rood
lmpact Fee calculotion Work Sheet located in Appendix A.
Fiftv percent (50%l of the road impoct fees sholl be collected at the Finol Plat for a
subdivision. if the affected Countv rood proiect is scheduled to start within five vears in
o Copital tmprovements Plan adopted bv the Boord of Countv Commissioners. All other
road impact fees will be collected at the issuonce of a buildinq permit.
Anv rood impact fees collected will be put into a seporate interest beorina account in
the Countv Treosurer's office. for each road that impact fees are collected. All fees
collected and interest accrued must be spent on capital improvements to the specific
road for which the fees were collected within twentv (20) vears of the date that the fee
is established. All capitol expenditures must be consistent with the capital
improvements plan used as a basis for establishina the fee. lf . after twentv (20) vears.
the fees collected hove not been spent in accordonce with the copital improvements
plan used to establish the fee. allfees will be returned to the land owner of the propertv
assessed an impact fee. with interest accrued.
hos ex nded consistent with a
owner hos not a road im
'rmit ADT,shall be
collect at the time a buildina permit is issued to recoup the expenditure. Anv fees
collected after the completion of an identified road proiect. will be credited to the
appropriate proiect and will be used to reimburse the Countv for the funds advanced to
complete the proiect.
The Countv mov use rood impact fees for a specific road improvement identified as o
critical facilitv with a hiqh prioritv for health and safetv reasons in a Capital
lmprovements Plon adopted bv the Board of Countv Commissioners. in advonce of the
completion of the entire road improvement proiect. Anv such use of funds must be
consistent with the basis for the imoact fee. lf. after the use of road impact fees for o
critical facilitv road improvement. the Countv fails to complete the entire proiect
identified in the capital improvements plan within the twentv (20) vear period of
collection, the proportionate share. with interest, will be returned to the owner of the
propertv subiect to the impoct fee based on the actual amount of the expenditures
made on a particular road svstem.
As a part of the Capital lmprovements Plan. the Board mav determine that certoin
portions of the road improvements to a road ore critical to complete. before there are
anv additional troffic aeneratina uses added to the road. lf a development is proposed
before the Countv has scheduled to make the necessarv improvements identified in the
Capital lmprovements Plan. the developer mov be ollowed to pav the totol cost of the
needed improvements prior to the Countv's schedule. The Countv will reimburse the
portion of the cost that exceeds the amount that would be applicable for rood impact
fees. plus interest. bv the time that the proiect hod oriqinallv been scheduled to be
completed. tf the Board of Countv Commissioners hos not established a base rood cost
per ADT for the oreo in question. the opplicant will not be obliqoted to provide an
onalvsis of the off-site road impacts.
B. Traffic Study Areas (Via Resolution 98-28) (Map attached)
Troffic Study Area Estimated Cost Level of
Service
Design copacity
(ADT)Cost per ADT
Area 14 Totals / Fees s 7o,ooo E 16,000 s 4
Area lTotals/Fees s 4,340,000 E 15,725 5 276
Area2Totals/Fees S 1,54o,ooo E 13,800 5 LL2
Area3Totals/Fees S 3,83o,ooo E 76,917 s 226
Area4Totals/Fees S 1,760,000 E 16,9t7 s 104
Area6Totals/Fees S :,+Lo,ooo E 16,200 S 210
Area 8A*s 52o,ooo E 17,000 s 31
Area 88*5 1,77o,ooo E 17,000 s 104
Area 8C*s 79o,ooo E 17,700 S 68
Area 8D*s 71o,ooo E 71,700 s 61
Area 8E*S 1,600,000 E 17,700 s 737
Area 8F*S 1,81o,ooo E 77,700 s 155
Area 8G*5 z,22o,ooo E 77,700 s 190
Area 8* Totals s 8,706,000 E
AreagTotals/Fees 5 2,24O,OOO E 18,433 $ L22
Area 10 Totals / Fees S g,roo,ooo E 76,200 s 195
Area 11 Totals / Fees s 6,220,000 E 16,200 S 384
C. lmpoct Fee Worksheet lnstructions
1) Note the name for the project or fee poyer on line 7 os well os the type of land use.
2) Enter the road cost at the point of service on line 2. The rood cost will be based on o Copital
lmprovements Plan adopted by the Board of County Commissioners.
i) Enter the rood copacity (expressed in Average Daily Trips [ADT] at the point of service. This
may be determined by the Speciol Report 209, Highway Capocity Monuol (7994,
Tra n sportoti on Rese a rch B o a r d ).
4) Calculate the bose rood cost per ADT ot the point of service by dividing Line 2 by Line 3. Enter
the result on Line 4.
5) Determine the ADT per Lond Use from the ITE Trip Generotion Manual or another credible
source accepted by the Boord and enter the result on Line 5.
6) Calculate the Bose Traffic lmpact Fee for the type of lond use by multiplying the ADT per
Lond Use (Line 5) by the Bose Rood Cost per ADT (Line 4) and enter the result on Line 6.
7) Colculate Tox Credits os follows:
o. Enter the equivalent of 80% of the Road and Bridge property tox mill levy (for the type of
lond use) on Line 7.
b. Enter the County Discount Rote (the rote of return the County receives from its
investments) on Line 8.
c. Enter the Rood Design Life (in years) on Line 9.
d. Enter the Present Worth Foctor (PWF) on Line 10. The PWF for various combinations of
Term and Discount Rates is found in the Appendix.
e. Colculate the Net Present Volue of the tax credit by multiplying the Road & Bridge
equivalent tox (Line 7) by the PWF (Line 10). Enter the result on Line 77.
8) Calculote the UNADJUSTED ROAD IMPACT FEE by subtracting the tax credit (Line 11) from
the Base Troffic lmpact Fee (Line 6). Enter the results on Line 12.
9) Colculote the INFLAflAN ADJUSTMENT as follows:
o. On Line 1j, enter Denver-Boulder Consumer Price lndex (CPI) for the yeor the road cost
estimote wos prepored or the year the cost estimate is based.
b. Enter the CPI for the year the impoct fee is collected on Line 14. [f the current CPI is not
availoble, use the average rote of change for the lost three yeors to derive the current
year index.l
c. Colculate the lnflotion Foctor by dividing the entry on Line 14 by the entry on line 73.
Enter the Result on Line 15.
10) Cotculate the PRE-CONSTRUCTTON tNFLATION ADJUSTMENT TMPACT FEE by multiplying the
unodjusted Road lmpoct Fee (Line 12) by the lnflation Foctor (Line 15). Enter the result on
Line 76. Note: This adjustment is not necessory if the construction cost estimote is
determined the same yeor os the fee is collected.
77) Calculote the POST-CONSTRUCTIAN ADJUSTED IMPACT FEE as follows:
o. Enter the County's Discount or lnvestment Rate on Line 17. lf the rood construction was
financed, derive the finonced rote from the debt repdyment schedule prepored for the
financing and substitute the derived rote for the Discount Rote.
b. Enter the number of .years since the rood wos constructed on Line 18.
c. Determine the Compound lnterest Multiplier from Appendix A. Enter this multiplier on
Line 19. ln the cose of debt financing, enter the imputed multiplier from the debt service
schedule prepored for the finance instrument.
d. Colculote the POST-CONSTRUCTION ADJUSTED IMPACT FEE by multiplying the
UNADJUSTED ROAD TMPACT FEE (Line 12) by the Compound lnterest Multiplier (or
imputed finonce multiplier)from Line 79. Enter the result on Line 20.
D. Troffic lmpoct Fee Worksheet
ROAD TMPACT FEE CALCULATION WORK SHEET ("Example")
No,BASE INFORMATION
Troffic lmpoct Studv Areo 8D
Date Prepared 2/16/2010
1 Project / Land Use (Number of Totol Dwelling Units, lncluding ADUs)27
2 Bose Rood Cost Ss,zso,ooo
3 Road Capocity in ADT 14,350
4 Road Cost per ADT $264.11
5 ADT per Land Use 9.57
6 Base Rood lmpdct Fees per Land Use 52,527.s5
TAX CREDITS
7 80% of Annual R & B Property Tox per Lond Use s28.16
8 Countv Discount Rote 4.78%
9 Rood Design Life (Yeors)12
10 Present Worth Foctor 8.98
77 Property Tox Credit 52s2.79
12 UNADTUSTED ROAD IMPACT FEE $2,274.76
[Bose Rood lmpact Fee - Property Tax Credit]
INFLATION ADJUSTMENT
13 Denver-Boulder CPI Yeor of Cost Estimote 158.5
14 Denver-Boulder CPI Yeor of lmpact Fee Calc.197.9
15 lnflotion Factor 1.2707
[CPl for Collection Yeor/CPl of Yeor of Cost Estimote]
16 PRE-CONSTRUCflON INFLATION ADIUSTED ROAD IMPACT FEE S2,zs4.7t
P O
'T.CO
N STR U Cil O N COST ADI U STM E N T
77 County Discount Rate 4.78%
78 Term (Yeors since Construction 0
19 Com pou nd I nterest M u lti plie r 1.0000
20 POST-CONSTRUCTION AIUSTED ROAD IMPAC| FEE
TOTAL FEE BREAKDOWN
TOTAL FEE FOR TOTAL NUMBER OF DWELLING UNITS $24,350.99
7/2 OF FEE TO BE PAID AT FINAL PLAT $37,190,49
IMPACT FEE TO BE COLLECTED WITH EACH BUILDING PERMIT $1,377.00
t.-_--
I
t..--i9't 8'0 v'0 0rruE peod irynoo PeoU
^lunoC
-011 0L-l @
{ervrq6tp leJepo1 'a}P}S
-[emq6;g lerapel ro ale]S
fuepunog {Pn15 cgell
-pua6o'l
xe) l8?t-v8t-026
LLtl-9V6-OL6
l9gtB OC s6uuds Poo^ uelg
zot ellns ]aarls r.{18 80t
luerupeda6 11 fiuno3 Plalpee
SVfUV
AONIS
CIJJVAIAlNnocollllave
>orooI--l IO>rnelql>UIZrrcD<I:il
o-(r
U
-l
OJ
o'
@
co-
@oE
f
o_
0)
!,
o
o
.Tt
o
CLo
qr_
I
6'
J{
o,
i@ds
-o.Tl
o
o_o
sl
I
6'
=€
'D
i-\
7o
0)o
J.N
(,l
N(rl
(Jl
I
oa
99C)=Oddo6Eski qE
iiISoo
&3rad P
-!Ygf-T = @<
oo o
'oD@NO
Yo a
I
I
I
I
I
t
I
I
I
I
I
I
I
I
I
I
!
Ir"tJ,\3/ iwt)iI L_..
I
I
I
I
I
r
J,
o'
o
,{.o'
!ti1O!t
+.
(a
IUI
i{i.
P,
I
cl
oo+ol
a.
0r
.o
I
I
I
I
I
I
I
I
I
I
I
+=
Map of Traffic Study Areas (via Resolution 98-28)
'?-r
I! itt"t_
L,)
,\/
I ) tu."
1,.//
ARrtcle I
G erueRRl Aorrrt r N tstRnrtoru
1 -302 PLANNING CoMMISSIoN
2. All members must be residents of the County. No member of the
Board of County Commissioners shall serve on the Garfield County
Planning Commission.
3. The term of members is three (3) years.
B. Powers and Duties.
1. -4-The Planning Commission is responsible for the development and.
adoption of the Comprehensive Plan and any amendments to that
Plan.
2. The Planninq Commission is responsible for reviewing the"
location and extent of public or quagi-public utilitl
or uses proposed to be located in t-he unincorpgfated area qf the
Countv to dqtgrmi!-e*-wh.9-th-el*thgv are in conformance with the
Comprehensive Plan. See-Se.gtion.-{::!.12 for process and 7-102 fo.f
standards.
24. The Planning Commission is an advisory body on matters including
rezoning requests and certain land use change permit applications.
Lg. The Planning Commission shall hold regularly scheduled public
meetings/hearings to take official action on the matters before the
Commission. The meetings/hearings shall be noticed in
compliance with the requirements for public notice set forth in this
Code. Four (4) members of the Planning Commission shall
constitute a quorum necessary for official action.
4fu The procedures followed by the Planning Commission shall be set
forth in the official bylaws adopted by the Planning Commission,
and pursuant to Title 30, Article 28, C.R.S., as amended
Section 1-303 Board of Adjustment
Membership and Term
1. The Board of County Commissioners shall appoint five (5) regular
Board of Adjustment members, in accordance with S 30-28-
117,C.R.S. The Board of Adjustment membership shall consist of
one member of the Planning Commission. The Board of County
Commissioners may appoint five (5) associate members for the
purpose of filling a vacancy on the Board of Adjustment in the event
A.
EXHIBIT
V
tUo.oI
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, .., + Start at: 1 +
Alignment: Left + Aligned at: 0.5" + Indent at:
0.75"
Formatted: Indent: Left: 0.75", First line: 0"
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.5" + Indent at:
0.75"
GARFIELD Coullw UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 1- 10
ARTICLE I
Gerurnnl AoMr NrsrRATtoN
1.302 PLANNING COMMISSION
that any regular member is temporarily unable to fulfill his or her
responsibilities as a member of the Board of Adjustment.
2. All members must be residents of the County.
3. The term of regular members is three (3) years.
:=.:::
":ai..;.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 1-,11
\)I.\
,l
J\
\
ARrtcLE I
GrrueRel AoMrNrsrRATroN
1 -302 PLANNING CoMMISSION
NEW SECTTON
Section 4-112 Location and Extent Review Process.
A. Location and extent review is mandated by Colorado law, includinq.
but @8-110. 22-32-124(1Xa) and 22-32-124(1.5)(a).
as amended. ln the event of anv conflict between t
applicable state law. state l3w shall qovern.
B. The followinq proiects shall be subiect to location and extent review:
1. Public and chartersqhaqlsi
2. Roads. parks. or other public way, qround. or space:
:3. Public buildinqs or structures;
4. Public utilities. whether publiclv or privately owned:
5. The acceptance. widening. removal. extension, relocation.
narrowinq. vacation, abandonment, chanqe of use, sale, lease.
or acquisition of land for anv road. park. or other public wav.
qround. place, oroperty. or structure.
C. The submission shail be in the foim of an application by or on behalf
of the board or qoverninq body which authorizes or finances the proiect.
includinq a site dqvelopment p
meets the standards of Section 7-102.
F. The Planninq Commission shall conduct a public hearinq w
thirt
with Seatrqn_+1qgg
G. The notice required for the public hearinq shall be in accordance
with Section 4-103F. except that the timeline for nublication. mailinq, and
postinq shall be not less than seven (7) nor more than thirtv (30) days prior
to the public hearinq.
\
V"Y
"\I.lt
M
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, .,. + Start at: 1 +
Alignmenti Left + Aligned at: 0.78" + Indent
at:1.03"
Formatted: Indent: Left: 1.03"
Formattedi Numbered + Level: 1 +
Numbering Style: 1, 2, 3, ... + Start at: 1 +
Alignment: Left + Aligned at: 0.78" + Indent
at:1.03"
Formatted: List Paragraph, No bullets or
numbering
Formatted: Numbered + Level: 1 +
Numbering Style: 1, 2, 3, .,, + Start at: 1 +
Alignment: Left + Aligned at: 0.78" + Indent
at:1.03"
Formatted: List Paragraph, No bullets or
numbering
Formattedr Numbered + Level; 1 +
Numbering Style: 1, 2, 3, ... + start at: 1 +
Alrgnment: Left + Aligned at: 0.78" + Indent
at: 1.03"
Formatted: List Paragraph, No bullets or
numberinq
Formatted: Font: (Default) Arial, Bold
Formafted: Indent: Left: 1.03", No bullets or
numberinq
ARTICLE I
GrrurRel AoutrutstRRttot,t
1 -302 PLANNING COMMISSION
H. The Planninq Commission shall determine whether the proiect
conforms to thg Comprehensive Plan. The findinqs of the Planninq
Commission shall be communicated to the applicant.
l. Further proceedinqs in the event of findinqs of non-conformitv mav
include overrulinq of the disapproval by the applicable qoverninq bodv in
accordance with C.R.S. Q 30-28-110(1)(b) or {c). as amended. or the
Planning Commission's request for a public-hearinq before the appropriate
board of education. pursuant to C.R.S. I 22-32-124(1Xa) or (1 '5Xa). as
ameedelL
T:\MvFiles\PLAN!2008 Unified Land use Resolution amended as of O8-31-og\Article 1 Proposed
Amendments.doq.
Formatted: Indent: Left: 0.75"
Formatted: Indent: Left: 0", First line: 0.25",
Numbered + Level: 1 + Numbering Style: I, II,
III, ... + Start at: 1 + Alignment: Left + Aligned
at: 0.25" + Indent at: 0.75"
EXHIBIT
o
ARrrcle lV
AppLrcRloru AND REVTEW PRocrouREs
4-502 DEScRrprror.r or Suei/trrAt REeUtREMENTS
County, prior to final approval of the land use change application. An approved
development agreement shall be signed by the applicant, the Board of County
Commissioners, and all owners of the subject property. The signed agreement
shall be included with the final plat filing. The development aoreement must
include the followinq:
1. Phasing schedule.
2. Language establishing a vested property right pursuant to the
provisions of Section 1-202, Establishment of Vested property
Rtglhfs of Article l. .
lmprovements Agreement.
acce
letter of
a*. Restrictions on the conveyance, sale or transfer of any lot,
lots, tract, or tracts of land within the subdivision as set forth in the
plat or as recorded by separate instrument.
b2. Performance or property bonds.
c3. Private or public escrow agreements.
d4. Loan commitments.
Assignments of receivables.
f5. Liens on property.
q7. Letters of credit.
h8. Deposits of certified funds.
i. Performance quarantees.
i9. Other similar surety agreements.
2. The lmorovements Aoreement must also address the followino:
Formatted: Not Different first page header
?
x
\
N
k'r
GlRHem Couxry UNrFrEo LAND UsE REsoLUTIoN oF 2008, As AMENDED 4-73
tyoically reouired for infrastructure imorovements:
ARTCLE lV
AppLrcRrtoN Rruo Rrvrew PRocEDURES
4-502 DESCR|prroN or Susi/rrrnl ReourRruerurs
a4O. Necessary deeds or transfer of property.
b14. Provisions and schedule for construction of improvements,
includinq enqineered plans and cost estimates..
13, Perfermanee guarantees and letters ef eredit,
c+:1. Payment of sewer and water tap fees.
d14. Payment of any other necessary fees.
e,15. Transfer of water rights.
f4€. Transfer of roads and improvements, rights-of-way, and
other common elements.
q#. Agreements to provide "as built" plans.
h48. Methods of providing perpetual maintenance of common
property and equipment.
19, Previsiens fer a heme ewners asseeiatien,
i3e. Process for amending the Oevetepme*-lmprovements
Agreement.
i?5-. Enforcement provisions.
J. Traffic Study. A Traffic Study shall be submitted as part of the lmpact
Analysis, to identify construction impacts and projected impacts of the proposed
land use. The Traffic Study shall be comprised of a Basic Traffic Analysis
utilizing existing County traffic counts as mapped, the current County
Transportation Plan, the Manual on Uniform Traffic Control Devices, accepted
Trip Generation Manuals, and current standards as applied by the Colorado
Department of Transportation. The Traffic Study may also include a Detailed
Traffic Analysis, pursuant to Section 4-502(J)(7), Thresholds Triggering a
Detailed Traffic Analysis. The Traffic Study shall be prepared by a registered
professional engineer, experienced in Transportation Engineering,
1. Applications Requiring Traffic Study. A Traffic Study shall be
required for applications subject to Major lmpact Review,
Subdivision Review Review, Rural Land Development Exemption
Review, Rezoning and PUD.
GARFIELD COUNTy UNIFIED LAND USE RESoLUTIoN oF 2008, As AMENDED 4-74
FROM:
MEMORANDUM
Garfield County Board of County Commissioners
Fred A. Jarman, AICP
Director, Building & Planning
Text Amendments to the Unified land Use Resolution of 200g, as amended to
include:
lnclusion "Locotion & Extent" provisions into sections l-303 and to d
new Section 4-772 (attached as Exhibit A); ond
Clorificotions ond amendments to Articles l, 4, 5, Z, 13, and 7G
(attoched as Exhibit B)
Date:May 26,2O1,O 4,t cufiv,,
Background & Purpose
As expected and anticipated, as Staff has been administering the new Unified Land Use Resolution
of 2008 (the New Code), we have identified substantive conflicts, mis-references, needed
clarifications, typographical errors, unintended timelines, and unanticipated omissions of language
and regulatory provisions that did not carry over into the New Code from the Zoning Resolution of
1978, as amended and the Subdivision Regulations of 7984, as amended (together known as the old
Code). ln order to resolve these issues, this memorandum contains a list of proposed amendments
to the New Code to address these identified issues. The specific amendments that are covered in
this memo include the following recommendations:
1) lnclusion "Location & Extent" provisions into Sections l-303 and to a
new Section 4-lt2 (attached os Exhibit A); ond
2) clorificotions and amendments to Articles r, 4, s, 7, rs, ond 76
(attached as Exhibit B)
Note: The number in the left hand column of the matrix at the start of Exhibit B corresponds
with the pages that follow to identify the specific recommended change for the ease of the
reader.
1)
2)
1l'rl
L l/
//)d;,, v*,L + 1,(ru-h"1
,4i
/a
), -/u
J.ln,
l.lit t/
r
/-/
/7
h,l, - '2-.
l'luL
MEMO
TO: Garfield County Planning Commission
FROM: Fred Jarman, Building and Planning Director
Debbie Quinn, Assistant County Attorney
DATE: May 26, 2010 (Originally, 09-08-09)
-fa .',/
t/rb k
lit0*/
,b
b n'Yl
)"'
J
./
J
J
j
{
Page #Section Comment
7-2 1-104 Unless... the "use" or "structure" is? Needs some clarification
r ,,,{#isrlr-q<innf-5u5 \I-fI
-
\-,{/vYE I
Dr
4-10 4-LO3 G7F Delete "the recommending and"
5-36 5-502 C5 Add s-so2(cX+XrXr and 2)
E-52 5-502 114 Change "Development" to lmprovement"
7-730 7-827 Add a section for contractor's yard standards (A new 7-827??.) -
-1-L Change "waiver" to "exceptions" & add language that can be
granted by BOCC for PUDs per 6-101 C2; otherwise must be by BOA
and clarify approval of exception required before application;
application NTC without the BOA approval first.
7-2 7-1,O4 82 Change "density" to "use"
7-1,1 7-108 C Still says "title of new road/bridge stand ards"; "causes warrants for"
language is confusing. Consider deleting "requirements of the
County Road Standards and applying "applicable County, state, and
federal access regulations" at the end of Section 7-4O2(C)
7-73 7-10712 References to 6.08.02 and 6.09 are old code and redundant
7-74 7-70L K Reference to 6.03.02 is old code. lt should be 3-401.
7-L30 7-827 Combine 7-827 with 7-806 (page 7-81)
13-1 13-101 Change for applicability to "any Project requiring" LUCP and delete
"subject to ... this code"; change "regarding the conditions and" to
"whenever there are";
13-3 13-106 "Surety" instead of "surety", throughout and add " or lmprovement
Agreement"; aflet "violation of the permit; add " or lmprovement
Agreement" after "violation of the permit"
13-3 13-106 A1b add " or lmprovement Agreement after "each permit" and after
"Code"
13-5 L3-707 "5urety" instead of "surety", throughout
16-1.16-101 "Accessory Agricultural Retail Sales" clarify the "or wholesale"
language
1_6-6 16-101 Area of shallow flooding "AO" needs to be defined, as do A; AE, AH,
AO and A1-99. Refer to Section 3-401,.-7'
76-7 16-101 Bakery- need to define where 5000 sq. ft. lands, commercial, or
small?
11 _\
6---:
P
vrpvto
fred Jarrnan
Debbie Quinn' Ass
ULUR Arnendrnertts
09-08-09
J
bl ,
Toi
!ROM:
s!,:
DATE.
/rt t
4,',
"2 , -\'{i e
(r/
, r&.Y
'%ir
<,tii
*-'rb.
(-b)
W@
r.te.r-K."coqrngWi6cii6g
+7:wY)
{tas
^Wffifficsffi
;yr;;$t+*
@r!
,_aU Of I
--f-_
l-{'*
,. l'
l,* t
Trul tn
", _\. ,-
ARTTCLE I
GrrueRnl AoMtNtsrRATtoN
ARTICLE I GENERAL ADMINISTRATION
DIVISION 1 GENERAL PROV!SIONS
Section 1-101 Title and Short Title. These regulations, and all future
. amendments, shall be known as the Garfield County Land Use Resolution, and
I are also referred to herein as "Land Use Code," "Codb" or "Regulations".
Section 1-102 Authority. lt is the intention of the Board of County
commissioners in adopting the Garfield county Land Use Resolution to fully
exercise all relevant powers conferred by the laws of the State of colorado,
including but not limited to:
A. Colorado Constitution. All of the powers reserved to the County by the
Colorado Constitution.
B. State Enabling Legislation. All of the powers granted to the County by:
1. Title 16, Article 13, Part 3, C.R.S., Restraint and Abatement of
Nulsances;
2. Tttle 24, Article 65.1, C.R.S. , Areas and Activities of Sfafe lnterest
(1041 regulations);
3. Title 24, Article 67, C.R.S., Planned Unit Development Act;
4. Title 24, Article 68, C.R.S., Vested Property Rights Act;
5. Title 29, Article 20, C.R.S., Local Government Land Use Control
Enabling Act;
6. Title 30, Article 11, C.R.S., County Powers and Functions;
7. Title 30, Article 15, C.R.S., County Regulations tJnder police
Powers;
8. Title 30, Article 28, C.R.S., County Planning Act;
9. Title 34, Article I Part 3, C.R.S., Preseruation of Commercial
Mineral Deposits;
10. Title 38, Article 30.5, C.R.S., Conseruation Easements; and
GARFIELD CoUNw UNIFIED LAND UsE RESoLUTIoN oF 2008, As AMENDED 1. 1
ARTCLE I
GerueRRl AoMr NrsrRATroN
1-102 AUTHoRITY
11. Title 43, Article 2, C.R.S., State, County and Municipal and Public
Roads.
Section 1-103 Jurisdiction. This Land Use Code shall apply to all land
within the unincorporated areas of GarJield County.
Section 1-104 Building Permits.
in compliance with this Land Use Code.
No building permit will be issued unless ^ comment[LUlt:Needscluification unressthe
/\ -'use' or "smcnue" rs?
'fL.< ,@ r--r a
Section l-'105 Repealer, Enactment and Effective Date
A. Repea! of County's Prior Land Use Regulations. The Garfield County
Zoning Resolution of 1978 and Subdivision Regulations of Garfield County,
Colorado of 1984, and amendments thereto, are hereby repealed on the effective
date of the County's adoption of this Land Use Code, except as set forth in
Section 1-106(C).
B. Enactment. This Land Use Code shall be enacted upon its approval by
the Board of County Commissioners, after review and recommendation by the
Garfield County Planning Commission, following public hearings.
C. Effective Date. This Land Use Code, including any future amendments,
shall take effect upon adoption by the Board of County Commissioners, unless
otherwise set forth in the Board's motion of approval.
Section 1-106 Saving Provisions
A. The enactment or amendment of this Land Use Code shall not be
construed as discontinuing, abating, modifying, or altering any pending land use
applications and that said applications may continue to be processed as defined
in the previous land use codes, provided all timelines required by said regulations
are met.
B. The enactment or amendment of this Land Use Code shall not be
construed as discontinuing, abating, modifying, or altering any penalty accruing
or about to accrue.
C. The enactment or amendment of this Land Use Code shall not be
construed as waiving any right of the County under any provision existing prior to
the adoption of this Land Use Code.
f4^ b\r--t dr& n s
J
GInpIem CoUNTY UNIFIED LAND UsE ResoIunoru oF 2008, AS AMENDED 1-2
ARTTCLE I
GeNeRRl AonltrursrRRrroru
1-109 lNcoRpoRAroN AND INTERPRETAT|oN oF MAps
b.
Flood lnsurance Study, Garfield County, Colorado,
Unincorporated Areas, revised August 2,2006.
Accompanying flood maps entitled Floodway Area Boundary
Maps, Flood Fringe Area Boundary Maps, and the Flood
lnsurance Rate Maps (FIRM), Garfield County, Colorado,
Unincorporated Areas, revised August 2,2006.
@.- Curiefrf-cbunty map as
Garfield County Road and Right of Way
I as Amended ls it thq" intent thg! he.qrrodd--mEps be ing.orporated bv referencg?.
D. lnterpretation of Zone District Boundaries. lf for any reason the
location of a zone district boundary line is not readily determinable from the Zone
District Maps, the location of the zone district boundary line shall be determined
by the Director in accordance with the following provisions. Where more than
one of the following provisions is applicable in any given situation, the first stated
and applicable provision shall prevail over all other provisions:
1. Where a zone district boundary line is given a position within or
abutting a highway, road, street or alley righlof-way which does not
appear to be located within any zone district (other than an overlay
zone district), the zone district boundary line shall be deemed to be
in the center of such right-of-way.
2. Where a zone district boundary line is shown as closely and
approximately following subdivision plat lot lines, municipal
boundary or County boundary lines, the zone district boundary line
shall be deemed to coincide with such known boundaries.
3. Where a parcel within a zone district has a boundary line shown by
a specific dimension, that dimension shall control.
4. Where a zone district boundary line is located with reference to a
fixture, monument, or natural feature, the location of the boundary
with respect to the attribute shall control.
a. The location of a zone district boundary line located with
reference to a natural feature shall be at the outer edge or
boundary of the natural feature.
5. ln all other circumstances, the location of the zone district boundary
line shall be determined by scaling from the Zone District Maps.
Comment [LU2t: Not a firll smtence, is this
being incorporated into the lmd ue code?
GARFIELD CoUNw UNIFIED LAND USE RESoLUTIoN oF 2008, AS AMENDED 1-5
ARTICTE IV
Appr-rcRrroN Rruo RevrEw PRoceounes
4-1 03 Courrror.r REVTEW PRoceouRes
5. Proof of Notice. At the public hearing, the applicant shall provide
proof of publlcation, proof of notification or attempt of notification of
adjacent property owners, and proof of posting notice on the
property. The applicant shall provide proof of notification or attempt
to notice owners of mineral interest in the subject property.
G. Conduct of Public Hearing. Public hearings shall be conducted in
accordance with the following procedures:
Public Participation. Any person may appear at a public hearing
and submit evidence, including oral testimony, either individually or
as a representative of an organization. Oral testimony may be
limited based upon relevancy, redundancy or time constraints.
Comment may also be submitted in written or electronic form
before or during the hearing, or within a designated period of time if
the hearing is continued pursuant to Section 4-103(G)(3Xj), betow.
Staff Report. Seven (7) calendar days prior to the date of a public
hearing, the Planning Department shall submit a staff report to the
applicant and the board or commission holding the hearing. A copy
of the staff report shall also be available for public review prior to
the hearing.
3. Order of Proceedings. The order of the proceedings shall be as
follows:
Confirmation of Adequate Public Notice. The hearing
body shall determine whether or not adequate notice has
been accomplished pursuant to Section 4-103(F), Notice of
Public Hearing.
Director Presentation and Analysis. The Director shall
describe the applicant's proposed project and provide an
analysis to establish whether the application meets the
applicable requirements.
Applicant's Presentation. The applicant shall make an oral
presentation on behalf of the application. The burden of
proof is on the applicant to demonstrate that the proposed
land use change satisfies the applicable requirements.
1.
2.
b.
Comment [LUU: New staff deadline? 7 days is
not happening now
GlRprelo CouNw Ururrreo LAND UsE REsoLUTtoN oF 2008, As AMENDED 4-7
ARTICLE IV
Appr-rcnrroN nruo REvrew PRoceouRes
4-103 CoMMoN REVTEW PRoceounes
b. The minutes of the public hearing(s) and of other related
meetings of the recommending and decision-making bodies
reviewi ng the application.
c. The application materials.
d. Written materials submitted to the County by an individual or
agency regarding the application.
e. The Staff Report, consultant reports, and referral agency
reports.
f. The recorded resolution or other documentation of decisions
by @decision-making bodies.
Expiration of Approval. Unless otheruruise provided by these
Regulations or stated in action approving a land use change
application, the decision to approve or conditionally approve the
land use change shall be valid for a period of one year, to complete
all conditions of approval.
a. Division of Land.
(1) Conditional Approval. The Board's decision to
approve or conditionally approve the preliminary plan, minor
exemption, major exemption or rural lands development
exemption shall be effective for a period of up to one year or
untilthe final or exemption plat has received a Determinationof Completeness pursuant to Section 4-103(C),
Determination of Completeness, whichever occurs first.
Prior to expiration of the original approval, the applicant may
make a onetime request for an extension of up to one year,
upon a demonstration of why the original conditions of
approval cannot be met.
(21 Final Plat. The Board's decision to approve or
conditionally approve the final plat and subsequent recording
shall be effective for a period of up to 90 days. Prior to
expiration of the original Final Plat approval, the applicant
may request an extension of 90 days.
(3) Subdivision Exemption Plats. The Board's decision
to approve or conditionally approve an Exemption Plat shall
be effective for a period of 90 days. Prior to expiration of
8.
GARFIELD CoUNTY UNIFIED LAND UsE RESoLUTIoN oF 2008, AS AMENDED 4-10
ARTTCLE lV
AppLrcRrroru Rruo Reuew PRoceouRrs
4-1 04 ADMtNtSrnnrrvE Revrew PRocESS
B. Reconsideration of Director's Decision or Call-up by Board of County
Commissioners.
1. Request by Applicant or Adjacent Property Owner for
Reconsideration of Decision. The applicant or adjacent property
owner affected by the decision may request reconsideration of the
Director's decision by the Board of County Commissioners. The
requesting party may file a written request within ten ('1 0) calendar
days of the date of written notice of the decision by the Director.
The Board of County Commissioners shall review-the request at the
next regular meeting of the Board and set a public hearing by a
majority vote of the Board in favor of said hearing.
Schedule Public Hearing. Public hearing by the Board of
County Commissioners shall be held within forty-five (45)
calendar days of the date of approval of the request for
reconsideration.
Notice by Publication. At least thirty (30) calendar days
prior to the date of the scheduled public hearing before the
Board of County Commissioners, the requesting party shall
have published a notice of public hearing in a newspaper of
general circulation in the area that the proposed land use
change is located.
Notice to Adjacent Property Owners. At least thirty (30)
calendar days prior to the date of the scheduled public
hearing, the requesting party shall send by certified mail,
return receipt requested, a written notice of the public
hearing to the owners of record of all adjacent property
within a 200' radius and mineral rights owners of the subject
property as recorded in the records of the office of the Clerk
and Recorder. The notice shall include the property's legal
description, a short narrative describing the current zoning
and proposed land use change, and an announcement of
the date, time and location of the scheduled hearing.
Decision by Board. The Board shall conduct a hearing
pursuant to the provisions of Section 4-103(G). The Board
may uphold the Director's decision, modify the decision or
reverse the decision, based upon compliance of the
proposed land use change with the applicable standards.
Comment [LU2]: Call up provisions: adjaent
property oMers don't get wittm notice of the
decision is this okay?
b.
d.
GaRrrem CouNry UNrrreo LAND UsE Resolunoru oF 2008, As AMENDED 4-13
ARTCLE lV
AppLrcRloN RNo Revrew PRoceouRes
4-106 MAJoR lrr,rpecr Revrew PRoCESS
Section 4-107
(21 Denial of Application. lf the application fails to
satisfy any one of the applicable requirements, the
application shall be denied.
Amendment of a Major Impact or Limited lmpact Permit
Approval. Any proposal to change conditions of approval or a site plan
approved under these Regulations as a Major lmpact or Limited lmpact Review
permit shall require application to the Director for Amendment of a Major lmpact
or Limited lmpact Permit Approval. The Director shall review the application to
determine whether the proposed change constitutes a substantial change to the
Major lmpact or Limited lmpact Permit approval.
A.Review Process
Pre-Application Conference. A Pre-Application Conference shall
be held in accordance with the provisions of Section 4-103(A), Pre-
Appl ication Conference.
Application. The application materials required for amendment of
a Major lmpact or Limited lmpact Permit approval are set forth in
Section 4-501(H).
Determination of Completeness. The Director shall review the
application for determination of completeness in accordance with
the provisions of Section 4-103(C), Determination of Complefeness.
Evaluation by Director/Staff Review. Upon determination of
completeness, the Director shall evaluate the application to
determine if the proposed amendment(s) constitutes a substantial
change to the approved Major/Limited lmpact Review. A staff
report shall be prepared pursuant to Section 4-103(E).
Director Decision. Within thirty (30) working days of the date of
determination of completeness the Director shall make a
determination as to whether the proposed change(s) constitutes a
substantial modification to the approved plan or conditions of
approval contained in the Resolution of Approval.
a. No Substantial Change. lf the Director determines that the
change does not constitute a substantial change to the
approved Major/Limited lmpact Review permit, the Director
shall approve the proposed amendment to the site plan or
set a public hearing before the Board of County
Commissioners for an amendment to a condition of approval
1.
2.
4.
5.
GARFTELo GouNTy UN|F|ED LAND UsE RESoLUTtoN oF 2008, AS AMENDED 4-18
3.
6.
7.
AnrrclE lV
Appr-rcnrroru Rruo Revrew PRoceouRes
4-107 AlaeruouENT oF A MAJoR IMPACT oR Lrurteo llrpAcr PERMTT AppRovAL
in a resolution of approval. The Director shall schedule the
request for consideration by the Board of County
Commissioners:
(1) Public hearing by the Board of County
Commissioners shall be held within forty-five (45)
calendar days of the date of determination by the
Director of the request for amendment.
(21 Public notice of the hearing shall be made pursuant to
Section 4-103(F), Notice of Public Hearing.
b. Substantial Change. lf the Director determines that the
change constitutes a substantial change, the Major/Lrmrted
lmpact Review shall be considered a new application subject
to full review under the applicable review process for the
land use change application.
Written Notice of Decision. The Director shall inform the applicant
of the determination in writing within five (5) working days of the
date of decision. Notice of the Director's decision shall also be
provided to the Board of County Commissioners.
Request by Applicant for Reconsideration of Decision. An
applicant may request review of the Director's decision by the
Board of County Commissioners by filing a written request within
ten (10) calendar days of the date of receipt of written notice of the
decision by the Director.
a. Schedule Public Hearing. The Director shall schedule the
request for review by the Board of County Commissioners.
(1) Public hearing by the Board of County
Commissioners shall be held within forty-five (45)
calendar days of the date of receipt of the request for
review.
(21 Public notice of the hearing shall be made pursuant to
Section 4-103(F), Notice of Public Hearing.
b. Decision by Board. Following a public hearing conducted
pursuant to Section 4-103(G), Conduct of Public Hearing,
the Board of County Commissioners may uphold the
GaRrIEm CouNw UNIrIeo LAND UsE RESoLUTIoN oF 2008, AS AMENDED 4-19
ARTICLE lV
AppLrcnrroru nNo Rrvrew PRoceouRes
4-408 ENroncevrrur
the permittee. lf the report indicates that a violation is probable, the Board may
establish a time for consideration of the alleged violation, upon not less than ten
(10) days' notice to the party engaging in the activity under such permit, at which
hearing the Board may consider whether a violation of the conditions of the
permit has occurred. The major project permittee shall have the right of
discovery in accordance with Colorado Rules of Civil Procedure in such
proceedings, and to present information and respond to allegations. After the
hearing, if the Board determines that a violation has occurred, the Board may
suspend the permit until such violation is corrected or measures taken to prevent
a recurrence of the violation, or if the violation is determined to be continuing or
likely to recur and to endanger the safety or welfare of the residents or property
of residents in the county, the Board may terminate the subject permit.
DIVISION 5 SUBMITTAL REQUIREMENTS
Section 4-501 Application Materials. Following are the application
materials required for permits and approvals required by the Land Use Code,
other than Divisions of Land which are described in Article V. A detailed
description of each submittal requirement is set forth in Section 4-502,
Description of Submittal Requirements. The Director may waive or alter any of
these requirements if they are determined to be inappropriate or unnecessary to
determining if the application satisfies applicable standards.
A. Administrative Review. The Administrative Review Process is set forth
in Section 4-104, Administrative Review Process and requires the following
materials.
1. Application Form and Fees2. Vicinity Map (4-502(C)(2))3. Site Plan (4-502(C)(3))4. Names and mailing addresses for owners of record of all adjacent
property within a 200' radius and mineral rights owners of the
subject property as recorded in the records of the office of the Clerk
and Recorder. (Resolution 2009-53)5. Application shall address applicable standards contained in Article
Vll of this Unified !ta+d-_Use Rresolution of 2008, as amended.
(Resolution 2009-53)
B. Appeal of an Administrative lnterpretation of These Regulations. The
process for Appeal of an Administrative lnterpretation of These Regulations is set
forth in section 4-302, Appeal of an Administrative lnterpretation of Regulations
and requires the following materials.1. Application Form and Fees
GaRrrelo CouNw UNrrreo LAND UsE REsoLUTtoN oF 2OOB, As AMENDED 4-56
ARrrcLE lV
ApplrcnloN nruo Rrurw PRocrouRes
4-502 DESCRTpToN oF SuBMtrrAL REoUtREMENTS
H. Development Agreement. The Board of County Commissionerc may
enter into a Development Agreement with the applicant, specifying the terms and
conditions of approval. The applicant may submit a draft development
agreement containing the following information, in a form acceptable to the
County, prior to final approval of the land use change application. An approved
development agreement shall be signed by the applicant, the Board of county
Commissioners, and all owners of the subject property. The signed agreement
shall be included with the final plat filing.
1. Phasing schedule.
2. Language establishing a vested property right pursuant to the
provisions of Section 1-202, Establishment of Vested propefty
Rrghls of Article l.
lm provements Agreement.i Comm€nt [LU3]: Neds to be rewittm similtr to
S-SOZ I p. S-Sb
Restrictions on the conveyance, sale or transfer of any lot, lots,
tract, or tracts of land within the subdivision as set forth in the plat
or as recorded by separate instrument.
Performance or property bonds.
Private or public escrow agreements.
Loan commitments.
Assignments of receivables.
Liens on property.
Letters of credit.
Deposits of certified funds.
Other similar surety agreements.
Necessary deeds or transfer of property.
Provisions for construction of improvements.
Performance guarantees and letters of credit.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
GARFIELD CoUNTY UNIFIED LAND USE RESoLUTIoN oF 2008, As AMENDED 4-73
ARrtcue V
Drvrsrorus oF LAND
5-202 CouNry EXEMproNS REeutRtNG PLATTTNG
Lots shall comply with the minimum lot size in the underlying
zoning.
D. Rural Land Development Exemption. The Board of County
Commissioners may, on a case-by-case basis, exempt from the definition of
subdivision and the subdivision review process certain divisions of land which, in
the sole opinion of the Board, advance the objectives of Garfield County
regarding the preservation of rural lands as agricultural land and open space and
maintain the greater portion of the property for agricultural purposes, natural
resource utilization, open space or other rural land uses. The Rural Land
Development Exemption is subject to the special review process set forth in
Section 5-404, Rural Land Development Exemption Review Process. ln addition
to the general exemptlon criteria, detailed in Section 5-406, the proposed Rural
Land Development shall satisfy the approval standards in Section 7-601 and
shall require recording of a Rural Land Development Exemption Plat.
E. Approved PUD Plan Requiring Subdivision. The subdivision of a
parcel of land, whether greater or smaller than 35 acres in size, within an
approved Planned Unit Development may proceed in stages, such that
preliminary plan review is required for the parcel currently under review, as long
as the lot lines are consistent with the approved PUD Plan and zone district
designations. Any remainder lot(s) shall be subdivided under full preliminary plan
review when developed in the future, and they shall not be subject to preliminary
plan review during the initial subdivision of an adjoining parcel.
Section 5-203 County Level Exemptions from Subdivision Review Not
Requiring Platting.
A. Boundary or Lot Line Revision or Correction. The division of land
which results from revision to lot lines or boundary lines for parcels of land
outside of a recorded subdivision Final Plat or Exemption Plat for the purpose of:
revising boundary or parcel lines. The proposed change shall satisfy the criteria
listed below and shall include the filing of a "Boundary Line Affidavit" with the
Building and Planning Department. lf the proposed change affects a lot within a
recorded subdivision or an Exemption Lot within an approved Exemption, the
Amended Plat process contained in Section 5-306 applies. Criteria applicable to
a boundary or lot line revision are as follows:
1. No new lots.
None of the parcels involved is part of a previously platted and
recorded Subdivision or Exemption.
No loss of access.
Comment [LU1]i what is the mtent?
2.
3.
GARFIELD COuuTy UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED EE
ARTICLE V
Dtvtstotts or LRruo
5-501 APPLICATIoN MATERIALS FoR DIVISIoNS oF LAND
Mitigation of geologic hazards
Sewage collection, and water supply and distribution system
Soil suitability information
Groundwater drainage
Erosion and Sediment Control Plan a-502(C)(a)
Final cost estimates for public improvements
The certification listing all mortgages, liens judgments,
easements, contracts, and agreements of record regarding
the land to be platted and the Board of County
Commissioners may require, at its discretion, that the
holders of such mortgages, liens, judgments, easements,
contracts or agreements shall be required to join in and
approve the application for Final Plat approval before such
Final Plat is accepted for review. All other exceptions from
title shall be delineated.
Landscape Plan (Common Area) 4-502(CX5)
Open Space Plan
Open Space Management Plan
lmprovements Agreement, if applicable [include "as-builts" in digital
formatl4-502(l)
Letter of lntent for service from all of the utility service providers
a. Contract for Service, required prior to Final Plat recordation.
Final Declarations of Covenants and Restrictions, HOA articles of
incorporation and bylaws
F. Subdivision. The Subdivision Review process is set forth in Section 5-
301, Subdivrsion Review Process and requires the following submittal materials
and process.
1. Sketch Plan (optional)
2. Preliminary Plan3. Final Plat
G. Preliminary Plan. The Preliminary Plan Review process is set forth in
Section 5-303, Preliminary Plan Review and requires the following materials.
1. Application Form and Fees2. Vicinity Map 4-502(C)(2)3. Preliminary Plan Map4. Yield Plan (Conservation Subdivision only)49. Open Space Plan, preliminary
50. Open Space Management Plan
c.
d.
e.
f.
g.
h.
i.
5.
6.
7.
8.
9.
10.
GnRTIeIo CoUNw UNIFIED LAND UsE RESoLUTIoN oF 2008, AS AMENDED 5-28
ARrrcle V
DrvrsroNs or LnNo
5-501 AppLrcATroN MATERTALS FoR DrvrsloNs oF LAND
67. Landscape Plan (Common Ownership Areas) 4-502(CX5)79. lmpact Analysis 4-502(E)
89. Land Suitability Analysis 4-502(D)9l!. Lighting Plan consistent with standards in 7-305(8).
1€11. Visual Analysis
1412. Preliminary Engineering Reports and Plansa. Streets, trails, walkways and bikewaysb. Engineering design and construction features
bridges, culverts or other drainage structures
constructedc. ldentification and mitigation of geologic hazardsd. Sewage collection, and water supply and distribution systeme. Erosion and Sediment Control Plan 4-502(4)f. Water Supply Plang. Sanitary Sewage Disposal Plan10. Draft lmprovements Agreement, Covenants and Restrictions and
By-laws
H. Preliminary Plan Amendment. The process for Preliminary Plan
Amendment is set forth in Section 5-304, Amendments to an Approved
Pretiminary Plan and requires the following materials.
1. Application Form2. Written Statement of proposed amendment(s)3. Supporting documents necessary to evaluate the proposed
revision(s)
l. Amended Plat. The process for amending a Final Plat or an Exemption
Plat is set forth Section 5-306, Amended Plat and requires the following submittal
materials and processes.
1. Application Form and Fee2. Vicinity Map 4-502(C)(2)3. Preliminary Plan 5-501(G)4. Final Plat, Amended Final Plat, Amended Exemption Plat5. Subdivision lmprovement Agreement, if necessary
J. Sketch Plan. The Sketch Plan review process is set forth in Section 5-
302, Sketch Plan Review and requires the following materials.
1. Application Form and Fees2. Vicinity Map 4-502(C)(2)3. Yield Plan (required for Conservation Subdivision)4. Sketch Plan
for any
to be
GIRTIEIo COUNTY UNIrIeo LAND USE ResoIur|oH oF 2008, AS AMENDED 5-29
ARTICLE V
Dtvtstotts or Lnruo
5-502 DESCRTpToN oF SualirrrnL REeUtREMENTS
12. Methods of providing perpetual maintenance of common
property and equipment.
13. Provisions for a home owners association.
I U. Process for amending the Devel,apmentlmprovement Agreement.
15. Covenants and enforcement provisions.
DIVISION 6 FLOWCHARTS, REVIEW PROCESS FOR DIVISIONS OF LAND
Section 5-601 Subdivision Review Flowchart
PRE.APPLIcATIoN CONFERENcE
Section &103(A) [held within 20 calendar days of request]
DETERiTINAT|oN oF REvrEw PRocEDURE
Section 4-103(A)(2)(d)
Sketch Plan Review (Optional)
Section $302
[Optional plan review by Commission, feasibility and design
characteristics at conceptual levell
Preliminary Plan Review
Section 5-303
Application
Section &103(B) [submittal requirements, Section 5-501(G]l
Determination of Completeness
Section 4-103(C) [within 30 days of receipt of application materials]
Schedule Public Hearing by Planning Commission
Section $303(A)(3)
lto be held within 60 days of Determination of
Notice of Public Hearing
Section 4-103(F)
1. Publish Notice of Hearing [30 days priorto hearing]
2. Notice to adjacent property owners and mineral I
interest owners [30 days prior to hearing, by
registered maill
3. Post notice on prooertv [30 davs orior to hearinol
Evaluation by Director/Staff Review
Section 5-303(A)(4) [compliance with appropriate standards ofArticle 4 !t Review by Refenal Agency
Section 4-103(D) [2] day refenal period]
Public Hearing and Recommendation by Commission
Section S303(A)(5)
Recommend Approval, Approval w/Conditions or Deny
Schedule Public Hearing by Board of Coung
I I Notice of Public Hearing
Ganrreuo Courury UNIF|ED LAND UsE ResolurroH oF 2008, As AMENDED S-52
Anrrclr Vll
SrRuonnos
TRale or Corurrurs I Comment [Lulli A sction needs to be added for j
contractors y{d stedtrds
DIVISION 1
Section 7-101
Section 7-102
Section 7-103
Section 7-104
Section 7-105
Section 7-106
Section 7-107
Section 7-108
Section 7-109
DIVISION 2
Section 7-201
Section 7-202
Section 7-203
Section 7-204
Section 7-205
Section 7-206
Section 7-207
Section 7-208
Section 7-209
Section 7-210
Section 7-2'11
Section 7-212
DIVISION 3
Section 7-301
Section 7-302
Section 7-303
Section 7-304
Section 7-305
GENERAL APPROVAL STANDARDS
FOR LAND USE CHANGE PERMITS
Compliance with Zone District Use Restrictions................ 7-1
Compliance with Comprehensive Plan and
lntergovernmentalAgreements............ .........7-1Compatibility ..........7-1
Sufficient Legal and Physical Source of Water...... ............7-1
Adequate Water Supply ............7-3
Adequate Central Water Distribution and WastewaterSystems ................7-6
Adequate Public Utilities........ ......................7-11
Access and Roadways................ ................7-11
No Significant Risk from Natural Hazards ...7-12
GENERAL RESOURCE PROTECTION STANDARDS
FOR LAND USE CHANGE PERMITS ...,,..,.,..7-12
Protection of Agricultural Lands...... .............7-12
Protection of Wildlife Habitat Areas.......... ...7-13
Protection of Wetlands and Waterbodies ............ ............ 7 -1 4
Protection of Water Quality from Po|1utants............... ...... 7 -1 5
Erosion and Sedimentation .....7-16Drainage..... .........7-17
Stormwater Run-Off ................7-17
Air Quality... .........7-19
Areas Subject to Wildfire Hazards...... .........7-19
Areas Subject to Natural Hazards and
Geologic Hazards...... ..............7-20
Areas with Archeological, Paleontological or
Historical lmportance.. .............7-26Reclamation .......7-26
SITE PLANNING AND DEVELOPMENT STANDARDS ...,,...7-28
Compatible Design ..................7-28
Building Design ...7-29
Design and Scale of Development .................................. 7-30
Off-Street Parking and Loading Standards...................... 7-30
Landscaping and Lighting Standards ..........7-40
7-1
GaRTIeIo CoUNTY UNIFIED LAND UsE REsoLUTIoN oF 2008, As AMENDED 7-i
the event that certain minimum standards may be either inappropriate or cannot )_, ._ ^be practically implemented, a--waive+-hc/ebtrotqs'from such standards may be J-KV, t(v -
considered. A written request for waiver from a specific standard should be
ARTICLE VII
SrRruoRRos
ARTICLE VII STANDARDS
This Article sets forth the minimum standards for proposed land use changes. ln
included with the application package.
DIVISION 1 GENERAL APPROVAL STANDARDS FOR LAND USE
CHANGE PERMITS
The following standards are basic approval standards that shall apply to all
proposed land use changes, including divisions of land and exempt subdivision,
not otherwise exempt from the standards set forth in these Regulations.
Section 7-101 Compliance with Zone District Use Restrictions. The
land use change complies with applicable zone district use restrictions and
regulations in Article lll, Zoning.
Section 7-102 Gompliance with Comprehensive Plan
lntergovernmental Agreements. The land use change is consistent
applicable provisions of the Garfield County Comprehensive Plan and
intergovernmental agreements between the County and a municipality
applies to the area where the use will occur.
Section 7-103 Compatibility. The nature, scale, and intensity of the
proposed use are compatible with adjacent land uses and will not result in an
adverse impact to adjacent land.
Section 7-104 Sufficient Legaland Physical Source of Water. Exemptions, as
described in Section 5-401, 5-402,5403, and 5-404 shall have an adequate,
reliable, physical, long term and legal domestic water supply to serve the use and
other LUCP's usinq less than the equivalent of SSFE's as set out in 7-105. (Note,
this section shall not be construed to be required to meet the terms of an
adequate water supply as defined in Section 7-105 of these regulations.
Resolution 2009-53)
A. Determination of Reliability of Water Supply. ln determining adequacy
of the proposed water supply the following considerations shall apply.
't. Peak Usage. Peak demands projected to service the total development
population.
Comme\l-UZ1: Add leguage that cm be
grmted by BOQC for PUDS per Glol C2; otherui*
must be BOA mltQpS approval ofexceptim
required before applica:bn; applicatron NTC without
BO-{ approval ftrst.
and
with
any
that
GARFTELD Courury UNTFTED LAND UsE Resolunou oF 2008, As AMENDED 7-1
ARTICLE VII
SIRNonRos
7-104 Surrrcrrnr Leonl nruo Pxysrcnl SouRcr or WnrER
2. Adequacy of Water Source. ln addition to the requirements of the
State Engineer and County Health Department, the following provisions
shall be used to evaluate the adequacy of the water source intended to
serve the proposed development.
a. The average daily demand of the entire service area and the
proposed development shall be based upon 350 gpd per residential
unit, or [75] gpd per capita, whichever is greater.
b. The average daily demand for commercial--and industrial and
anv other non-ressidential use +ses shall be reviewed based on
the anticipated demand of the proposed development, based on
standard engi neer's criteria.
3. Quality of Water Source. Water supplies shall be treated by a method
acceptable to conform to minimum State standards. The County may
require test wells.
4. lrrigation Water. The demand for irrigation water shall be based upon
the type of vegetation to be maintained, soil characteristics, the historic
yield of the property and available water rights.
5. Fire Protection Requirements. The water supply demand for fire
protection shall be based upon recognized and customary engineering
standards and requirements of the applicable fire protection district.
Subdivision developments shall comply with the provisions of Section 7-
403, Fire Protection, of this Article.
IndividualWells
1. lndividual on-site wells shall not be permitted for developments with
densities greater than one dwelling unit per two acres.
2. The well shall have adequate water quality, quantity and dependability
for the proposed densr{yuse.
a. A minimum 24 hour pump test shall be performed on the well(s)
to be used. The results of the pump test shall be analyzed and
summarized in a report including basic well data (size, depth, static
water level, aquifer, etc.) pumping rate, draw down, recharge and
estimated long term yield. The report shall be prepared by a
qualified engineer of ground water hydrologist and include an
opinion that the well will be adequate to supply water for the
B.
GARTIEUo COuITY UNIFIED LAND UsE RESoLUTIoN oF 2008, As AMENDED 7-2
ARTCLE Vll
Srnruonnos
7-104 SurrrcrrNr Leonl nND Puysrcnl Sounce or WRreR
b. Water use assumptions shall include an average of no less than
3.5 people per dwelling, using 100 gallons of water per person per
day, plus and irrigation and livestock watering uses.
c. lf the well is shared, a legal well-sharing declaration addressingall easements and costs associated with operation and
maintenance of the system and identifying the person responsible
for paying costs and how assessment will be made for those costs.
d. At a minimum, the water quality of the well shall be tested by an
independent testing laboratory for the basic Colorado Primary
Drinking Water Standards for inorganic chemicals (heavy metals,
nitrate, sulfate and asbestos), bacteria and radioactivity. The results
should show that the applicable standards are met or otherwise
identify a treatment system to meet the standards. Testing for the
Secondary Drinking Standards (taste, odor, color, staining, scaling,
corrosion, etc.) is recommended.
Section 7-105 Adequate Water Supply. An adequate water supply plan shall
be required for any preliminary or final approval of an application for rezoning,
planned unit development, limited impact or major impact review, development or
site plan, or similar application for new construction. Thls section shall apply to all
development permits which require a water demand in an amount of at least 8
(eight) single-family equivalents where 1 (one) single-family equivalent equals
350 gallons of water per day.
A. Authority. The Board of County Commissioners, pursuant to $29-20-
1€3.3U, ^e/- alSeq. C.R.S., shall not approve an application for a development
permit unless it determines in its sole discretion, after considering the application
and all of the information provided, that the applicant has satisfactorily
demonstrated that the proposed water supply will be adequate. Nothing in this
section shall be construed to require that the applicant own or have acquired the
proposed water supply or constructed the related infrastructure at the time of the
application.
B. Water Supply Requirements. All applications for development permits
shall include the estimated water supply requirements for the proposed
development in a report prepared by a registered professional engineer licensed
to practice in the State of Colorado qualified to perform such work. The report
shall include the following:
(1) An estimate of the water supply requirements for the proposed
development through build-out conditions;
Formatted: Font: Italic
GlRrrem Courury UNrrreo LAND UsE Resolunox oF 2008, As AMENDED 7-3
ARTCLE Vll
Srnruonnos
TABLE 7-105 B SEWAGE DISPOSAL SySTeu
MINIMUM LoT REQUIREMENTS
Section 7-107 Adequate Public Utilities. Adequate public utilities shall be
available to serve the land use change.
Section 7-108 Access and Roadways. All roads shall be designed to road
design standards set forth in Section 7-307 and all roads shall be reviewed by
the County Engineer. (2009-53)
B. Access to Public Right-of-Way. All lots and parcels shall have access
to a public right-of-way.
C. Safe Access. Access to and from the use shall be safe and in
conformance with access standards set forth in the frtle of new road/bridge
standardsl. Where the land use change causes warrant(s) for improvements to
State or federal highways, the developer shall be responsible for paying for those
improvements.
D. Adequate Capacity. Access serving the proposed use shall have the
capacity to accept the additional traffic generated by the use safely and
TABLE 7.105 B
SEWAGE DISPOSAL SYSTEM MINIMUM LOT REQUIREMENTS
METHOD OF DISPOSAL LOT AREA
Less than 1 Acre 1-2 Acres Over 2 Acres
Nondischarging5
Treatment Off-Lot -
Discharqinq6 Allowed Allowed Allowed
NOTES:
1. Cesspool prohibited by state law.
2. Septic tank and subsurface disposal or dispersal method shall comply with
Garfield County lndividual Sewage Disposal Systems Regulations and
applicable state req uirements.
3. Aeration plant and disposalor dispersal method shall comply with the Garfield
County lndividual Sewage Disposal Systems Regulations and applicable
state requirements.
4. Domestic water shall be supplied from an approved central source.
5. Sewage treatment works with subsurface disposal shall be approved by the
state.
6. Sewage treatment works discharging to ground surface or waters of the state
shall be approved by the state.
7. Prohibited for new development; may be considered for legally permitted pre-
existing sinqle lot.
GARFIELD CouuTv UNIFIED LAND UsE RESoLUTIoN oF 2008, As AMENDED 7-11
i Comment [LU3l: Laguage is confusing
ARTcLE Vll
SrnruonRos
7-403 FIRE PROTECTION
F. Lot Division by Boundaries, Roads or Easements Prohibited. No lots
shall be divided by County or municipal boundaries or roads. Utility, access or
drainage easements shall not divide a lot.
G. Nonconforming Lots Prohibited. The division of land shall not create
nonconforming lots.
H. Multiple-Unit Family Development Prohibited on Single Parcel of
Land. Except for subdivided lots approved for multiple-unit family housing, no
subdivided lot or division of land which creates a single parcel shall be occupied
by more than one dwelling unit.
Section 7403 Fire Protection.
A. Adequate Access Points. Subdivision fire protection plans shall be
reviewed by the appropriate fire protection district to ensure that all lots have
primary and secondary access points to escape fire entrapment.
B. Fire Lanes. Subdivisions may be required to include fire lanes where the
forested portion of a proposed subdivision joins or parallels public forest
boundaries. Such lanes shall be of sufficient width to allow the passage of
tractors, trucks and other heavy firefighting equipment and the lanes to be
cleared shall be indicated on the Preliminary Plan. Provisions for required fire
lanes shall be included in the Subdivision lmprovement Agreement. The width
and other characteristics of required fire lanes shall be established for each
proposed subdivision by the Board of County Commissioners in consultation with
the appropriate fire suppression agencies and the U. S. Forest Service.
C. Water Sources for Fire Protection. Water used for fire protection
purposes does not have to be potable water and may be from a source separate
from the domestic supply The National Fire Protection Association National Fire
Code and Standard 1231, Standard on Water Supplies for Suburban and Rural
Fire Fighting will be recognized as the minimum standard, provided the local fire
district uses it as the standard for fire protection.
1. Fire fighting water sources for the proposed subdivision shall meet
the requirements of the appropriate fire protection district.
2. Where there is no central water system available, a centrally
located fire protection storage tank shall be required. The storage
tank shall be designed to meet the fire protection needs of the
subdivision and approved by the appropriate fire district.
Comment [LU4]: Rewryd? What is intent?
GARFIELD CoUNTY UNIFIED LAND UsE RESoLUTIoN oF 2008, As AMENDED 7-55
Anrrcle Vll
SrRruoRRos
7-70'l STANDARDS WrrHrN FLooopmrx OvEnnv
Recreational Vehicles - Require that recreational vehicles placed
on sites within Zones A1-30, AH, and AE on the community's FIRM
either:
Be on the site for fewer than 180 consecutive days,
Be fully licensed and ready for highway use, or
Meet the permit requirements of these Regulations, and the
elevation and anchoring requirements for "manufactured
homes" in paragraph 4 of this section. A recreational vehicle
is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick disconnect type
utilities and security devices, and has no permanently
attached additions.
Standards For Subdivision Proposals
All subdivision proposals including the placement of manufactured
home parks and subdivisions shall be consistent with the
requirements of these Regulations.
All proposals for the development of subdivisions including the
placement of manufactured home parks and subdivisions shall
meet Development Permit requirements of 6.08.02 and the
provisions of 6.09 of this resolution.
3. Base flood elevation data shall be generated for subdivision
proposals and other proposed development including the
placement of manufactured home parks and subdivisions which is
greater than 50 lots or 5 acres, whichever is lesser, if not otherwise
provided pursuant to these Regulations.
4. All subdivision proposals including the placement of manufactured
home parks and subdivisions shall have adequate drainage
provided to reduce exposure to flood hazards.
5. All subdivision proposals including the placement of manufactured
home parks and subdivisions shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and
constructed to minimize or eliminate flood damage.J. Floodway Floodways located within areas of special flood hazard are
areas designated as floodways. Since the floodway is an extremely hazardous
5.
a.
b.
c.
1.
2.
Comment [LUsl: These refer to old code
GARFIELO COUNTY UI.IIPIeo LAND USE RESOLUTION OF 2008, AS AMENDED 7-74
ARTIcLE VII
SrRruoRRos
7-701 STANDARoS WITHIru FLOODPLAIN OVCRUNY
area due to the velocity of flood waters which carry debris, potential prolectiles
and erosion potential, the following provisions shall apply:
1. Encroachments are prohibited, including fill, new construction,
substantial improvements and other development within the
adopted regulatory floodway unless it has been demonstrated
through hydrologic and hydraulic analyses performed in
accordance with standard engineering practice that the proposed
encroachment would not result in any increase in flood levels within
the community during the occurrence of the base flood discharge.
2. All new construction and substantial improvements shall comply
with all applicable flood hazard reduction provisions these
Regulations.
3. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the
National Flood lnsurance Regulations, a community may permit
encroachments within the adopted regulatory floodway that would
result in an increase in base flood elevations, provided that the
community first applies for a conditional FIRM and floodway
revision through FEMA.
K. Standards For Areas Of Shallow Flooding Located within the areas of
special flood hazard established in 6.03.02 are areas designated as shallow
flooding. These areas have special flood hazards associated with base flood
depths of 1 to 3 feet where a clearly defined channel does not exist and where
the path of flooding is unpredictable and where velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow; therefore, the following
provisions apply:1. All new construction and substantial improvements of residential
structures have the lowest floor (including basement) elevated
above the highest adjacent grade at least as high as the depth
number specified in feet on the community's FIRM (at least two feet
if no depth number is specified).
2. All new construction and substantial improvements of non-
residential structures;
a. have the lowest floor (including basement) elevated above
the highest adjacent grade at least as high as the depth
number specified in feet on the community's FIRM (at least
two feet if no depth number is specified), or;b. together with attendant utility and sanitary facilities be
designed so that below the base flood level the structure is
Comment ILU5l: Refers to old code
GARFIELD COuHw UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-75
AnlclE Vll
SrnruoRRos
7-823 ADDITIoUnI STnNoRRDS APPLICABLE To
TELEcoMMUNTcATToNS Fnctrtres
4. Any antennae used for Federal Communications Commission
(FCC) licensees engaged in AM, FM ortelevision broadcasting.
P. Telecommunications Act. All telecommunications facilities shall comply
with the standards of this Code, all applicable standards of the Federal
Telecommunications Act of 1996, and all applicable requirements of the Federal
Aviation Admi nistration (FAA).
Section 7-824 Accessory Agricultural Retail Sales
A. General Requirements. Products are grown on-site, are raw and sold on
a seasonal basis, with no permanent structure. Products are not purchased for
purpose of resale.
Section 7-825 Accessory Building or Structure
A. General Requirements.
1. Location in Rear Yard Setback. An accessory building or
structure may be located within the required rear yard setback
provided the following requ+rem€n+s-setbacks are met.
+ng
setbaeks,
k+) Minimum setback from
rear lot line not adjacent
to an alley
G2) Minimum setback from
rear lot line adjacent
to an alley
2.b. Maximum Height, Fences and Hedges:
a-b. All lots not zoned R or RLGS
Front Yard
Side and Rear Yard
b.c. Lots zoned R or RLGS
7%'
Formatted: Indent: Left: 1"
Formatted: Indent: Left: 0.5"
Formatted: Indent: Left: 1", Hanging: 0.5",
Numbered + Level: 1 + Numbering Style: a, b,
c. ... + Start at: 2 + Alignment: Left + Aligned
at: 1.3" + Tab after: 1.58" + Indent at:
_1.!8", r'ab stops: Not at 2"
Formattedl Indent: Left: 1", First line: 0",
Numbered + Level: 1 + Numbering Style: a, b,
c, ... + Start at: 2 + Alignment: Le,t + Aligned
at: 1.3" + Tab after: 1.58'' + Indent at:
1.58", Tab stops: Not at 1.58" + ,2"
10'
3',
8',
GARFIELD COUNTY UNIFIED LAND UsE RESoLUTIoN oF 2008, As AMENDED 7-129
ARTICLE VII
SrnNonRos
7 -827 CAMpcRoutro/RecneRTroNAL VEHTcLE PARK
Section 7-826
All Yards 8', unless a higher height is approved byMajor lmpact Review.
Agriculture
A.General Requirements.
An agricultural use, as defined in this Code, is required to comply
with the minimum lot size requirement for the Rural Zone District.
lmproved riding facilities may be provided in connection with
boardrng horses, provided they do not include the activities and
amenities identified in for Equestrian Center, set forth in Section 7-
831.
SectionT-827 Campground/RecreationalVehiclePark
A. General Requirements.
1.Minimum Setbacks.
Minimum Space Width. Recreational vehicles and/or tent
spaces shall be set back a minimum of twenty (20) feet in
width.
Boundaries. The Campground/Recreational Vehicle Park
shall comply with the following minimum buffers:
Front Yard. The Campground/Recreational Vehicle
Park shall be set back a minimum of fifty (50) feet
from an arterial or collector road or twenty-five (25)feet from a local or mountain road.
(21 Side or Rear Property Line.The
Campground/Recreational Vehicle Park shall be set
back a minimum of twenty (20) feet from any side or
rear property line.
Minimum Park Area. A Campground/Recreational Vehicle park
shall contain a minimum of five (5) acres.
1.
2.
Comment [LU7]: Combine with 7-806 (page 7-
81)
b.
(1)
2.
GARFIELD CoUNTY UNIFIED LAND UsE RESoLUTIoN oF 2008, As AMENDED 7-131
ME,MO
TO: Fred Jarman, Building and Planning Director
FROM: Debbie Quinn, Assistant County Attomey
R-E: ULUR Amendments
DATE: 09-08-09
Paee #
Section Comment
Table of Contents Add lower case roman numeral page numbers
Table of Contents Article XIII "Guareentees" spelled incorrectly
1-1 1-101 Period at the end
t-2 1-104 Unless... the "use" or "structure" is? Needs some
clarification
1-5 1-109 C Not a full sentence, is this being incorporated into the
land use code?
1-303 1-11 Revise powers to include "exceptions" per Article VII
discussion
3-26 ta 3-36 Article III tables Clarifv electrical/PUC uses
4-7 4-103 G2 New staff deadline? 7 days is not happening now
4-10 4-103 G7F Delete "the recommending and"
4-t3 4-104 B1 Call up provisions: adjacent property owners don't get
written notice of the decision - still okay?
4-1 8 4-t07 A5A Add limited -" Maior/Limited Impact review"
4-t9 4-107 A5B Add limited - Maior/Limited Impact review"
4-56 4-501 A.5 C apitalize "l and" and "re s o luti on"
4-73 4-502 r Needs to be rewritten similar to 5-502 I p. 5-50
5-5 5-2028 Check intent with Fred, add "to" between "subject
preliminary"
5-28 5-501 G Numbering issues, two #4's and two # 10's
5-36 5-502 C5 Add "a" and "f'from 5-40, revised for subdivision and
..f)
5-50 5-502 Add at end of first sentence "and addressing the issues
below, as applicable.
5-52 5-502r14 Chanee "Development" to Improvement"
Section 7 Add a section for contractor's yard standards
7-l Change "waiver" to "exceptions" & add language that
can be granted by BOCC for PUDs per 6-101 C2;
otherwise must be by BO.A and clarify approval of
exception required before application; application NTC
without the BOA approval first.
7-l 7-t04 Add "and other LUCP's using less than the equivalent
of 8 SFE's as set out in 7-705"
1-2 7-104 A2b Add "any other non-residential use"
7-2 7-104B2 Change "density" to "use"
7-3 7-t05 A "q 29-20-301 et seq." instead of "fi29-20-103 et al"
7 -ll 7-i08 c Still says "title of new road./bridge standards", "causes
warrants for" language is confusing
7 -55 7-402 G Reward? What is intent?
7 -73 7-70112 References to 6.08.02 and 6.09 are old code
7-74 7-701K Reference to 6.03.02 is old code
7-r29 7-825 Subsection A1 b should be renumbered as A.2 with
subsections (a) (b) instead of (1) and (2). Subsection A1
can be shortened to eliminate the subsection "a" by
changing to read "provided the following setbacks are
met: then list as (a) and (b) instead of (1) and (2) and
delete " (a)" setbacks and the introductory language
altogether.
7-r3A 7-827 Combine 7-827 with 7-806 (page 7-81)
8-2 8-102 "The unit requirements in this section" instead of "this
Article" for the old code PP approvals
t2-6 t2-t04 c Add "including attorney fees"
t2-8 r2-t07 Al Change "potential violation" to "Anticipated
Enforcement"
t2-8 t2-t07 A2 Except "in the case of a NOAE, for which application
for a takings determination..."
13- 1 13-101 Change for applicability to "any Project requiring"
LUCP and delete "subject to ... this code", change
"regarding the conditions and" to "whenever there are";
use colon instead of period after
13-1 13-102 Use colon after "factors"
1 3-1 13-102 A "Proiect" instead of "proiect"
13-2 13-102 B "P19isgf" instead of "proiect"
t3-2 13-102 c "Proiect" instead of "proiect"
13 -3 13-106 "SuretS/" instead of "surety", throughout and add " or
Improvement Agreement"; after "violation of the
permit; add " or Improvement Agreement" after
"violation of the permit"
t3-3 13-106 Alb add " or Improvement Agreement after "each permit"
and after "Code"
13-5 t3-107 "SuretS/" instead of "surety", throughout
16-1 16-101 "Accessory Agricultural Retail Sales" clarify the "or
who]esale" lanzuage
16-1 16-10i Adequate Water Supply- referenee to 7-105? Tnstead of
7-104?
t6-6 16-101 AAHE- who approves a proposed AHE? Add a period at
the end ofsentence
t6-6 16-101 Area of shallow flooding "AO" needs to be defined, as
do A, AE, AH, AO and AI-99
t6-7 16- 101 Bakery- need to define where 5000 sq. ft. lands,
commercial, or small?
16-7 I 6- 101 Base Flood - break out "Basement" as new definition
16-7 16- 101 BOA- correct citations "$$ 30-28-117 and 30-28-118,
C.R.S., as amended"
t6-36 16- 101 Eliminate "(Article XiV definition)" here and
throughout?
l6-52 1 6-101 Water Reservoir change "esp" to "especially"
t6-52 1 6-101 Water Tark or Treatment Facility add a noun between
"A" and "exceeding"
T:\}l,IyFiles\PLAi.i\code rewrite\09-02-09 DQ memo re changes.doc
PLACE:
PLANNING COMMISSION MEETING AGENDA
6:30 P.M.
GARFI ELD COUNTY ADMI NISTRATION BUILDI NG
108 8TH STREET, IN THE BOCC MEETING ROOM
APRTL 28,2010
Cal! Meeting to Order
Roll Call
Approval of Minutes
There are no minutes to approve
Public Meeting: PRESENTER: Tom Veljic - Planner
Request is to review an application for Road Vacation, RVAC 6060, for CR 153, also
known as Big Four Road. Applicant is lron Rose Land and Cattle, LLC.
Public Meeting: PRESENTER Tom Veljic - Planner
Request is to review an application for Road Vacation, RVAC 6061, for CR 165, also
known as Mountain Meadow Drive. Applicant is lron Rose Land and Cattle, LLC.
6) Public Hearing: PRESENTER: Fred Jarman - Director of Building & Planning
To consider Text Amendments to the Unified Land Use Resolution of 2008, as
amended to include:
a) lnclusion of the Traffic lmpact Fee requirements to Article Vll Standards
b) Addition of the "Location & Extent" review process required by the Colorado
Revised Statutes.
Clarifications and amendments to Section 4-502 (lmprovements Agreement and
Development Ag reements).
To correct general typographical and format inconsistencies.
7) Other Business
8) Adjournment
1)
2)
3)
4)
5)
c)
d)