HomeMy WebLinkAbout2.0 Staff Report Public Hearing 9.20.10Exhibits for Public Hearing held on September 20,2010 for a Text Amendment
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Proof of Publication
Garfield County Unified Land Use Resolution of 2008, as amended
Garfield County C Plan of 2000
Staff Memorandum dated 09120110 with Ex. A and B.
Exhibit Letter
(A to Z)
Exhibit
A
B
c
D
E
F
G
H
I
TO:
FROM:
RE:
Date:
MEMORANDUM
Garfield County Board of County Commissioners
Fred A. Jarman, AICP, Director, Building & Planning
Text Amendments to the Unified land Use Resolution of 2008, as amended to
include:
1) lnclusion "Location & Extent" provisions into Sections 7-303 and to a
new Section 4-772 (attached os Exhibit A); and
2) Clorificotions ond omendments to Articles 7, 4, 5, 7, 73, ond 76
(attached as Exhibit B)
September 20,2O1O
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, 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
7978, 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 recommendations:
1) lnclusion "Locotion & Extent" provisions into Sections 7-303 ond to o
new Section 4-772 (attached as Exhibit A); ond
2) Clorifications and omendments to Articles 7, 4, 5, 7, 73, ond 76
(ottached 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.
Gerurnnl Aou
1-302 PLerurutruc
EXHIBIT
AII members must be residents of the County. No member of the
Board of County Commissioners shall serve on the Garfield County
Planning Commission.
The term of members is three (3) years.
Powers and Duties.
1. The Planning Commission is responsible for the development and
adoption of the Comprehensive Plan and any amendments to that
Plan.
The Planning Commission is responsible for reviewing the
location and extent of public or quasi-public utilities, structures
or uses proposed to be located in the unincorporated area of the
Gounty to determine whether they are in conformance with the
Gomprehensive Plan. See Section 4-112tor process and 7-102for
standards.
The Planning Commission is an advisory body on matters including
rezoning requests and certain land use change permit applications.
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.
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
2.
3.
B.
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A.
Ganrtelo Couurv Urutrteo LAND UsE RESoLUTIoU or 2008, AS AMENDED {- 10
Anrrcle I
G eru rnnl Aorrr r t t I stRnrt oru
1 -302 PLANNtUc Couutsstor.t
2.
3.
that any regular member is temporarily unable to fulfill his or her
responsibilities as a member of the Board of Adjustment.
AII members must be residents of the County.
The term of regular members is three (3) years.
I
GaRpteto Couury Ururrreo LAND UsE Resolurroru or 2008, AS AMENDED 1- 11
Anrtcle I
Geruennl AoutrursrRnrroru
1 -302 Purururruc Counarsstott
NEW SECTION
Section 4-112 Location and Extent Review Process.
A. Location and extent review is mandated by Colorado law, including,
but not limited to, C.R.S. $$ 30-28-110,22-32-124(1)(a) and 22-32-124(1.51(al,
as amended. ln the event of any conflict between these procedures and
applicable state law, state law shall govern.
B. The following projects shall be subject to location and extent review:
1. Public and charter schools;
2. Roads, parks, or other public way, ground, or space;
3. Public buildings or structures;
4. Public utilities, whether publicly or privately owned;
5. The acceptance, widening, removal, extension, relocation,
narrowing, vacation, abandonment, change of use, sale, lease,
or acquisition of land for any road, park, or other public way,
ground, place, property, or structure.
C. The submission shall be in the form of an application by or on behalf
of the board or governing body which authorizes or finances the project,
including a site development plan and narrative explaining how the project
meets the standards of Section 7-102. Fqf..anyJoad vaqatlqn Blqaeedjnq,
the apptication shall also corrlplv with the requirements of Section 4-110.
D. A pre-application conference pursuant to Section 4-103A is required.
E. Once an application is technically complete pursuant to Section 4-
103C, it shall be officially subm!ttee!_!q the Planning Commission which
shall act within thirty (30) days after such_submission or the submission
shall be deemed approved.
F. The Planning Commission shall conduct a public hearing within
thirty (30) days after the submission is technically complete, in accordance
with section 4-103G; pxqept.thgt...a.ny.lpp.etion qn.d..e.xten.t_r"e-yiey.v-.pf a rpad
vacation under Section 4-110 njly be gombined with anv referral under the
road vacation review and mav then proceed as a public meetinq. not a
public hearinq..
ARrtcle I
GrrueRnl Aovttrutsrnnrtoru
1 -302 Pultt'ttruc Colunatsstor.t
G. The notice required for the public hearing shall be in accordance
with Section 4-103F, except that the timeline for publication, mailing, and
posting shall be not less than seven (7) nor more than thirty (30) days prior
to the public hearing.
H. The Planning Gommission shall determine whether the project
conforms to the Comprehensive Plan. The findings of the Planning
Commission shall be communicated to the applicant.
l. Further proceedings in the event of findings of non-conformity may
include overruling of the disapproval by the applicable governing body in
accordance with C.R.S. $ 30-28-110(1Xb) or (c), as amended, or the
Planning Commission's request for a public hearing before the appropriate
board of education, pursuant to C.R.S. S 22-32-124(11(al or (1.5)(a)' as
amended.
T:\MyFiles\PLANV008 Unified Land use Resolution amended as of 08-31-o9\Article 1 Proposed
Amendments.doc
EXHIBIT
hrDDa
MEMO
TO: Garfield County Planning Commission
FROM: Fred Jarman, Building and Planning Director
Debbie Quinn, Assistant County Attorney (original author)
DATE: May 26,2010 (Originally, 09-08-09)
1 1.-2 L-LO4 Unless... the "use" or "structure" is? Needs some clarification
2 4-LO 4-103G7F Delete "the recommending and"
3 5-36 5-502 C5 Add s-s02(c)(aXrXr and 2)
4 5-52 5-502 t14 Change "Development" to Improvement"
5 7-t Change "waiver" to "exceptions" & add language that can be
granted by BOCC for PUDs per 6-101 C2
6 7-2 7-LO4 82 Change "densitv" to "use"
7 7-LL 7-108 C
Stall says "title of new road/bridge standards"; "'causes
warrants f or" language is confusing. Consider cleleting
"requirements of the County Road Standards and applying
"applicable County , state, and federal access regulations" at
the end of Section 7-4O2(C)
8 7-73 7-70L12 References to 6.08.02 and 6.09 are old code and redundant
9 7-74 7-70LK Reference to 6.03.02 is old code. lt should be 3-401.
10 7-87 7-806 Combine 7-827 with 7-806 (page 7-81)
LL 7-\30 7-827
Relocate Section 7-827 to be combined with Section 7-t106 and
leave this section as a potential placeholder for Contractor's
Yard Standards
t2 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 13-3 13-105
A1b
add " or lmprovement Agreement after "each permit" and
after "Code"
74 L6-7 16-101 "Accessory Agricultural Retail Sales" clarify the "or wholesale"
language. Perhaps add the word "bulk" in front of wholesale
15 L6-7 16-101 Bakery- need to define where 5000 sq. ft. lands, commercial, or
small?
16
Add "Surety" with "Guarantor" or "obligor" where appropriate
throughout
Paee #Section Comment
Anrrcle I
G eN rnnl Aorrr r ru t srRn-rt oru
1-102 AurHontw
Title 43, Article 2, C.R.S., Sfafe, County and Municipal and Ptrblic
Roads.
Section 1-103 Jurisdiction. This Land Use Code shall apply to all land
within the unincorporated areas of Garfield County.
Section 1-104 Building Permits. No building permit will be issued unless
the use associated with_lhe buildinq permiils_in compliance with this Land Use
Code.
Section 1-105 Repealer, Enactment and Effective Date
A. Repeal 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 amendmernts,
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 accrr.ring
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.
11.
Ol
GARFTELD Coururv Unrrreo LAND UsE RESoLUTtoN oF 2008, AS AMENDED 1-2
Anrcrr lV
AppttcRrroN AND Revtrw PRoceounrs
4-103 CoMMotr Reuew Pnoceounes
b.The minutes of the public hearing(s) and of other related
meetings of the recommending and decision-making bodies
reviewing the application.
The application materials.
Written materials submitted to the County by an individual or
agency regarding the application.
The Staff Report, consultant reports, and referral agency
reports.
The recorded resolution or other documentation of decisions
by @ecision-making bodies.
xr'
Expiration of Approval. Unless othenrise 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
until the final or exemption plat has received a Determination
of 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
c.
d.
e.
@l
8.
Ganrrelo CouNrv Ururrrro LAND UsE Resolurroru or 2008, AS AMENDED 4-10
Anrtcle V
Dtvtstorus oF LAND
5-502 DrscntPTtoN or SueMtrrRl RroutneurNrs
@
the County of dedicated land shall take place by a legally
acceptable instrument prior to or concurrent with Final Plat
acceptance, but before recording of the Final Plat.
p. ldentification of lots with slope in excess of thirty (30) percent
and any other lots where special studies are required prior to
obtaining a development permit.
q. Delineation of all known, identified or designated one
hundred (100) year floodplains and localized areas subject
to periodic inundation along the required stream setback
lines, if any.
r. Design and layout of all water and sewer service lines,
treatment facilities and other elements of the sanitary sewer
system.
s. AII lands within the boundary of the subdivision shall be
accounted for as a lot, tract, parcel, open space, street, right-
of-way, alley and so forth, and all areas of such lands shall
be shown on the plat to the nearest one hundredth of an
acre.
t. All plat notes required under Preliminary Plan approval.
u. The Final Plat shall include executed certificates, notices,
and statements in the standard format required by the
County, including the following certifications.
(1) Certificate for acceptance by Board of County
Commissioners.
(21 Certification by County Surveyor and Surveyor.
(3) Owners and Mortgagee certification.
(4) Certificate for County Clerk and Recorder.
v. Suoolemental lnformation: The Final Plat shall be
accompanied bv the following jnformation.
(1) A copv of a current ceriificate from a title insurance
companv or an attornev licensed to practice law in the
State of Colorado setting forth the names of all
owners of propertv included within the proposed
GRRrrelo CouNrv UurHeo LAND UsE RESoLUTton or 2008, AS AMENDED 5-39
Anrrcle V
Drvrsroxs oF LAND
5-502 DESCRTprtoN or SuarvrrrrRl REoUTREMENTS
6.
subdivision and a list of all mortgages, iudgments,
liens. easements. contracts and aqreements of record
which shall affect the property within the proposed
subdivision.
(2) A corporate property owner or corporate applicant
shall provide evidence of registration or incorporation
in the State of Colorado.
Rural Land Development Exemption Plat. Rural Land
Development Exemption Plats shall be scaled at 1 inch to 200 feet
for properties exceeding 160 acres in size, or 1 inch to 100 feet for
properties less than 160 acres in size. The Rural Land
Development Exemption Plat shall include the following information
and supplemental materials:
GaRrIeIo CoUNTY UruIrIeo LAND USE RESoLUTIoT or 2008, AS AMENDED 540
Anrtcle V
Drvrsrorus oF LAND
5-502 DESCRTpToN or Suaurrrer ReeurREuetws
Agreements to provide "as built" plans.
Methods of providing perpetual maintenance of common
property and equipment.
Provisions for a home owners association.
14. Process for amending the greement.
15. Covenants and enforcement provisions.
Section 5-503 Mergers of Lots or Parcels
A. General. The lots Lots/Parcel merger procedure is a one-step review
procedure to comply with the requirements of S 30-28-139, C.R.S., as amended.
All mergers of lots or parcels shall comply with the following procedures and
standards unless the subject lot or parcel is part of a platted and approved
subdivision. ln that instance, approval of the merger of an approved lot or parcel
shall comply with the appropriate subdivision process set forth in other provisions
of this Code. Notwithstanding any other provision of this section, the
requirements of subsections B(1) and B(2) set forth below shall not apply to any
merger of lot parcels of land that are requested in writing by each owner of an
affected parcel. Nothing in this section shall be construed to abrogate or
othenruise diminish or expand any rights a land owner may have under Article 68
of Title 24, C.R.S. or S 29-20-201, ef seg. C.R.S., as amended, or any other
provision of this code concerning vested property rights.
B. Procedure.
1. Prior to the merger of two (2) or more parcels of land for the
purpose of eliminating interior lot lines, obsolete subdivisions or
otherwise, the County shall send notice of the County's intent to
complete the merger to each owner of the affected parcel by
certified mail. The notice shall also specify that each owner may
request a hearing on the proposed merger pursuant to subsection
two (2) below, and shall specify action to be taken by such owner to
request such hearing, including without limitation the requirement
that said owner shall request the hearing within 120 days of the
notice required by this subsection 1.
2. Where each owner of an affected parcel has timely requested a
hearing on the proposed merger satisfying the requirements of
subsection 1, a public hearing on said merger shall before held
before the Board of County Commissioners. The hearing shall be
conducted for the purpose of allowing the Board to discuss with the
owner of each affected parcel its reasons for proceeding with the
11.
12.
13.
GANTIEIO COUNTY UruIrIeo LAND USE RESoLUTIoT or 2008, AS AMENDED 5-54
@l
ARTICLE VII
SrnruoRRos
ARTICLE VII STANDARDS
exceptions to these standards throuoh a Planned Unit Development pursuant to
Article Xl of this Land Use Code.
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 otheruvise exempt from the standards set forth in these Regulations.
Section 7-101 Compliance with Zone District Use Restrictions.
land use change complies with applicable zone district use restrictions
regulations in Article lll, Zoning.
Section 7-'t02 Compliance 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.
The
and
and
with
any
that
Section 7-103 Compatibility. The nature,
proposed use are compatible with adjacent land
adverse impact to adjacent land.
scale, and intensity of the
uses and will not result in an
Section 7-104 Sufficient Legal and Physical Source of Water. All applications
for land use change permits requiring a water demand of 8 (eight) single family
equivalents or less (one single family equivalent equals 350 gallons per day)
shall have an adequate, reliable, physical, long term and legal domestic water
supply to serve the use. (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/Resolution 2O1O-29)
A. Determination of Reliability of Water Supply. ln determining adequacy
of the proposed water supply the following considerations shall apply.
1. Peak Usage. Peak demands projected to service the totaldevelopment
population.
This Article sets forth the minimum standards for proposed land use changes'-J*
appJreatren-faekagre' The Board of County Commissioners mav provide
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-1
ARTICLE VII
StRruonRos
7-104 SUFFTOENT LEGAL AND PHYS|CAL SoURCE oF WATER
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 uses
shall be reviewed based on the anticipated demand of the
proposed development, based on standard engineer'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. Irrigation 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.
lndividualWells
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 dens+tyuse.
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
proposed uses. The report shall also address the impacts to ground
water resources in the area.
GARFIELD COuIITy UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED
B.
7-2
@l
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ARTICLE VII
SrRruoRRos
Tnele 7-1 05 B SEWAGE DtsposnL Svsrrut
MTNTMUM Lor RrQutRerrlENrs
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 applicable county, state and federal access regulations.
aeees here the
land use change causes warrant(s) for improvements to
State or federal highways, the developer shall be responsible for paying for those
improvements.
GARFIELD COUI{W UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED
TABLET-1058 .
.
SEMCE DISPOSAL SYSTEM MINIMUM LOT REQUIREMENTS
METHOD OF DISPOSAL LOT AREA
Less than I Acre 1-2 Acres Over 2 Acres
Lot3
Treatment Off-Lot
Nondischarging5 Allowed Allowed Allowed
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 u irements.
3. Aeration plant and disposal or 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-
existinq sinqle lot.
7-11
ARTIoLE VII
StnruoRRos
7-701 STANDARoS WrrHnr FLooDpLATN OveRnv
a. Be on the site for fewer than '180 consecutive days,
b. Be fully licensed and ready for highway use, or
c. 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
1. All subdivision proposals including the placement of manufactured
home parks and subdivisions shall be consistent with the
requirements of these Regulations.
plaeemen+-e+--man a{
previsiffi*ien=
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
area due to the velocity of flood waters which carry debris, potential projectiles
and erosion potential, the following provisions shall apply:
Ganr|eIo C,OUNTY UHIrIeo LAND USE RESOLUTIoN oF 2008, AS AMENDED 7-71
ARTICLE VII
SrRruoRRos
7-701 SrAN DAnos WrrH r N FloooplRrr.r OvrRiRv
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.
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
I special flood hazard established in 6=03.02-_3jQ1 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
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 structu res;
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
iwo feet if no depth number is specified), or;
together with attendant utility and sanitary facilities be
designed so that below the base flood level the structure is
watertight with walls substantially impermeable to the
passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads of
1.
2.
a.
b.
GARFIELD CoUNw UNIFIED LAND USE RESoLUTIoN oF 2008, AS AMENDED 7-72
Anrclg Vll
Ec? srnruoRRos
7EB AGRICULTURE
lavatory and one shower for each fifteen recreational vehicle or tent
spaces or fractional number thereof.
d. Recreation Vehicle Park Connected to Resort. When a
recreational vehicle park requiring a service building is
operated in connection with a resort or other business
establishment, the number of sanitary facilities for such
business establishment shall be in excess of those required
by the schedule of recreational vehicle spaces and shall be
based on the maximum number of people allowed to use
such facilities.
M. Refuse Handling. The storage, collection and disposal of refuse in a
recreational vehicle park shall be so arranged as to not create health hazards,
rodent harborage, insect breeding areas, accident or fire hazards, or air pollution.
All refuse shall be disposed of at either a municipal or County designated landfill
site, at minimum once per week.
N. Pest Control. Grounds, buildings and structures shall be maintained free
of insect and rodent harborage and infestation. Extermination methods and other
measures to control insects and rodents shall conform with County regulations
and requirements of the Colorado Department of Public Health and Environment.
O. Pet Control. The owners or managers of a recreational vehicle park, or
all owners or persons in charge of any dog, cat or other pest animal shall have
such animal on a leash, not exceeding ten feet or shall confine such animals
within the space or designated areas within the park and shall not permit such
animal to commit any nuisance. Animals are restricted to household pets only.
P. Supervision.
1. Attendant. The attendant or caretaker shall be in charge at all
times to keep the park, its facilities and equipment in a clean,
orderly and sanitary condition.
2. Owner Answerable. The owner shall be answerable for the
violation of any provision of these regulations.
Q.. Genera!.Bequirements.
1. Minimum Setbacks.
Ganrrelo Courury Urutfleo LAND UsE RESoLUTTON OF 2008, AS AMENDED 7-127
Anrrcrc Vll
SIRNonRos
7-826 AGRICULTURE
a. Minimum Space Width. Recreational vehicles and/or tent
spaces shall be set back a miniuum ol__Lwentv (20) feet_jn
width.
b. Boundaries. The Campground/Recreational Vehicle Park
shall complv with the followinq minimum buffers:
(1) Front Yard. The Campqround/Recreational Vehicle
Park shall be set back a minimum of fiftv (50) feet
from an arterial*or collector road or twentv-five (25)
feet from a local or mountain road.
(2) Side or Rear Propertv Line. The
Campqround/Recreational Vehicle Park shall be set
back a minimum of twentv (20) feet from any side or
rear propertv line.
2. .* Minimum Park Area. A Campgropnd/Re-crealional Vehicle park
shall contain a minimum of five (5) acres.
3. Buffer. A minimum 100 foot landscaped buffer is required adiacent
to private lands unless it can be demonstrated that there will be no
projection of noise, odor, glare or dust bevond the property lines.
Section 7-807 Additional Standards for Commercial Use
A. Operations Conducted Within Enclosed Building, All fabrication,
service and repair operations shall be conducted within an enclosed building.B. Storage Requirements. All storage of materials shall be within a building
or obscured by a fence.
C. Restrictions on Loading and Unloading Operations. All operations
involving loading and unloading of vehicles shall be conducted on private
property and shall not be conducted on a public right-of-way.
Section 7-808 Additional Standards Applicable to Group Home
Facilities.
A.Location Restrictions
1. Location Shall Not Create a Concentration of Group Homes in
Neighborhood. A group home facility shall not be located within
three hundred (300) feet of another group home facility.
Ganrtelo Courury Uurrreo LAND UsE RESoLUTtoU or 2008, AS AMENDED 7-127
ARTICLE VII
SrRruoRRos
7-824 AccESSoRY AGRICULTuRnT RETnII SALES
to an alley 7%'
(21 Minimum setback from
rear lot line adjacent
to an alley 10'
b. Maximum Height, Fences and Hedges:
(1) All lots not zoned R or RLGS
Front Yard
Side and Rear Yard
(21 Lots zoned R or RLGS
Allyards 8', unless a higher height is approved by
Major lmpact Review.
Section 7-826 Agriculture
A. General Requirements.
1. An agricultural use, as defined in this Code, is required to comply
with the minimum lot size requirement for the Rural Zone District.
2. lmproved riding facilities may be provided in connection with
boarding horses, provided they do not include the activities and
amenities identified in for Equestrian Center, set forth in Section 7-
831.
Section 7-827 Left Blank lntentionallv
ienalllehiele-Park
A-@
{_lvlinimum€etba€ks,
in
widtl+
3',
8',
GARFIELD CoUNTY UNIFIED LAND UsE RESoLUTIoN oF 2008, As AMENDED 7-126
0
ARTICLE VII
SreruoRRos
7-826 AGRIcULTURE
shall eemply with the fellewing minimum buffers:
Park shall be s
frem an arterial e+ eelleeter read er twenty five (^5)
tine, The
reaFprepe*#ine;
/Reereatienal Vehiele park
'
Section 7-828 Place of Worship
A. General Requirements.
1. The structural height limitations of the zone district shall not apply
to spires, belfries, or cupolas.
Section 7-829 Community Meeting Facility
A. General Requirements.
1. The use does not result in noise, vibration, light, odor, dust, smoke
or other air pollution causing a substantial negative impact on
surrounding land uses and/or public use of public facilities in the
area.
2. The use does not include the outside storage of goods, materials,
or equipment.
Section 7-830 Family Child Care Center
A. General Requirements. Applicable local, state, and federal permits
shall be obtained and maintained.
Ganr|elo CoUN.rY UNIFIED LAND USE RESoLUTIoN oF 2008, AS AMENDED 7.127
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ARTICLE XIII FINANCIAL GUARANTEE
DIVISION 1 GENERAL
Section 13-101 Financial Guarantee and lmprovements Agreement
Required. Before any Land Use Change Permit is approved for land-use-s+]b'je€t
andJJsffi r€enservatien-Subdivision-p+evisiens-o+
, the Board of County
Commissioners shall require the applicant to file a guarantee of financial security
deemed adequate by the Board and payable to the County, and to execute an
lmprovements Agreement ndwhenever there are
improvements identified as requirements of project approval. The purpose of the
financial guarantee and Improvements Agreement is to ensure the following:
A. Completion of Project and Reclamation of the Property. The Project
is completed, including reclamation of property to return the property to pre-
existing conditions and remove structures to one foot below ground level.
B. conditions of Permit Fulfilled. The applicant performs all
improvements, mitigation requirements and permit conditions in connection with
the construction, operation and termination of the Project.
C. Applicant Addresses Responsibility for Impacts to Public Facilities
and Services. The applicant addresses responsibility for increased demand on
public facilities and services as a result of the construction, operation and
termination of the Project.
D. Funds are Available to the County to Complete Project, If Necessary.
ln the event that the Project is suspended, curtailed or abandoned, the County
can complete the Project and necessary improvements, or restore the property to
its original condition or an acceptable condition at no additional cost to the
County.
Section 13-102 Amount of Financial Guarantee. ln determining the
amount of the financial guarantee, the Board shall consider the following factors:
A. Completion of Project and Reclamation of Property. The estimated
cost of completing the Project or returning property to its original condition or to a
condition acceptable to the County, as applicable.
B. Conditions of Permit. The estimated cost of performing all mitigation
requirements and permit conditions in connection with the construction,
operation, and termination of the Project.
GANTIETO COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 13-1
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FrrunrucrRr- GunnnNrre
13-106 Fonrerrune or Frrunruclnl GunRRruree
Section 13-106 Forfeiture of Financial Guarantee.
A. Notice and Response. lf the Board determines that a financial guarantee
should be forfeited because of any violation of the permit, the Board shall provide
written notice to the surety and to the permit holder.
1. Notice Requirements.
The County shall send by certified mail, return receipt
requested, a written notice of forfeiture of financial guarantee
to the surety and to the permit holder.
(1) Notices shall be mailed to the last known address of
the applicant and of the surety.
The notice shall contain the following information.
(1) The reason for forfeiture of the financial guarantee,
specifying each permit or lmprovements Aqreement
violation with references to the section or sections of
the Code or lmprovements Agreement violated.
(21 The permit holder's right to respond by request for a
public hearing by the Board, and notice of automatic
forfeiture if the permit holder does not respond.
(3) The deadline for response by the permit holder.
Response. The permit holder may request a hearing by the Board,
by written request to the Director within thirty (30) calendar days of
receipt of the notice of forfeiture of financial guarantee.
lf the permit holder submits a timely request for hearing by
the Board, the Director shall schedule a public hearing within
forty-five (45) calendar days of receipt of the permit holder's
request for hearing by the Board.
lf the permit holder does not submit a timely request for
hearing by the Board, the Board shall order the financial
guarantee forfeited.
Public Hearing and Action by the Board.
b.
@
a.
b.
B.
Genrrelo Goururv Urutrreo LRNo use ResoturroN oF 2009, AS AMENDED 13-3
ARTICLE XVI DEFINITIONS
Section 16-101 Definition of Words and Phrases. For the purposes of this
Land Use Code, the following words and phrases are defined as follows.
Accessory Agricultural Retail Sales. A location for the retail sale or bulI
wholesale of agricultural or horticultural products which are entirely grown or
matured on site.
Accessory Dwelling Unit. A dwelling unit considered secondary to a primary
dwelling unit for use as a complete independent living facility on the same parcel
as a permitted principal use and which meets dimensional and other
requirements applicable to the principal use, which may be attached to the
primary dwelling.
Accessory Building or Structure. A subordinate structure located on the same
Iot as the principal structure, the use of which is incidental to the principal use.
Unless otherurise specified in this Code, any accessory structure is subject to the
minimum requirements of the zoning district in which it is located.
Accessory Horse Keeping. The keeping and use of horses on a parcel where
such keeping and use is not the principal use of the parcel.
Accessory Use. A use which is customarily supportive, secondary and
subordinate to a principal use on the same parcel. Except as provided in this
Code, an Accessory Use must comply with all regulations applicable to the
principal use.
Accessory Uses to Agricultural Operations. (See Accessory Uses)
Accessory Outside Storage. The outside placement of items which are
customary and incidental to the principal use of the property.
Access Route. A way or means of approach to provide safe, adequate and
usable physical entrance and exit to a property or use.
Adequate. Sufficient to meet applicable minimum requirements.
Adequate Water Supply. A water supply that will be sufficient for build-out of
the proposed development in terms of quality, quantity, dependability, and
availability to provide a supply of water for the type of development proposed,
and may include reasonable conservation measures and water demand
management measures to account for hydrologic variability. Water quality shall
be demonstrated by complying with the Colorado Department of Public Health
GaRrrelo Couury Urulrreo LAND UsE RESoLUTtoT or 2008, AS AMENDED 1 6-1
0l
@
AnrrcL-r XVI
Derrrurrrorus
16-101 Derrrurrorus or WoRos eruo Pnneses
Auditorium. See "Community Meeting Facility".
Average Daily Traffic (ADT). The average number of one-way vehicular trips
that are generated from a particular land use during a 24-hour period.
Bakery, Commercial. A commercial establishment, ove+5,000 sq. ft. or qreater
in floor area, for the production of baked goods, primarily for sale to other
commercial establishments.
Bakery, Small. A commercial establishment, under 5,000 sq. ft. in floor area, forthe production of baked goods, primarily for sale to other commercial
establishments.
Base FIood. A flood having a one percent chance of being equaled or exceeded
in any given year. The term is used interchangeably with intermediate regional
flood, one hundred year flood, and one percent chance flood.
Basement. Any area of the building having its floor sub-grade (below ground
level) on all sides.
Batch Plant. A facility for mixing concrete or asphalt.
Bed and Breakfast. See "Lodging."
Block. A portion of land enclosed by mapped roads or other bounds and
contained within subdivided or mapped land.
Board of Adjustment. A four to five member quasi-judicial body appointed bythe Board of County Commissioners whose authority and procedures are
described in CRS 30-28-117 and CRS 30-28-118 and in Section 1-303 of this
Code.
Board of county commissioners (Board, BoGc). The Board of county
commissioners of Garfield county, as described in section 1-301.
Boarding House. See "Lodging Establishment".
Broadcasting Studio. A place where AM or FM radio or television broadcasts
originate.
Building. Any structure having a roof supported by columns or walls and
intended for supporting, enclosing, sheltering or protecting any use or
occupancy. The teim "building" shall include modular or prefabricated buildings
that do not fall within the definition of manufactured housing or mobile homes.
GERTIEIO COUruTV UNIFIED LAND USE RESOTUTION OF 2008, AS AMENDED 16-7
Anrrclr Xlll
FIrunrucIRI- GuRRnNTEE
Tnelg or CoNrerurs
Section 13-101 Financial Guarantee and lmprovements Agreement
Required ..... 13-1A. Completion of Project and Reclamation of the Property....... ......13-1B. Conditions of Permit Fulfilled ..13-1C. Applicant Addresses Responsibility for lmpacts to
Public Facilities and Services........ ..... 13-1D. Funds are Available to the County to Complete Project
lf Necessary...... .13-1
Section 13-102 Amount of Financial Guarantee.... .....13-1A. Completion of Project and Reclamation of Property .........13-1B. Conditions of Permit.. ........ 13-1C. Estimated Cost......... .....13-2
Section 13-f 03
Section 13-104
Form of Financial Guarantee... ..........13-2
Release of Guarantee........... ....13-2
Section 13-105 Cancellation of the Financial Guarantee ......13-2
Section 13-106 Forfeiture of Financial Guarantee ...... ....... 1 3-3A. Notice and Response.......... ........ 13-3B. Public Hearing and Action by the Board...... ..... 13-3C. Default and Use of Financial Guarantee ... ............13-4D. lnadequate Revenue and Cost Recovery ...13-4
Section 13-107 Substitute of Guarantor or Surety .. .. ......13-4
13-iGaRrreto Courury Uurrreo LAND UsE Resoturroru or 2009, AS AMENDED
ARTICLE XIII
Frrunrucrnl GuRRnrurrr
ARTICLE XIII F!NANCIAL GUARANTEE
DIVISION 1 GENERAL
Section 13-101 Financial Guarantee and Improvements Agreement
Required. Before any Land Use Change Permit is approved for land use s.ubje€t
te PUD; Subdivisienr Rural tand Use er Genservation Subdivisien previsions ef
under this Code, the Board of County Commissioners shall require the applicant
to file a guarantee of financial security deemed adequate by the Board and
payable to the County, and to execute an lmprovements Agreement rega{d+ng
and improvements identified as requirements
of lproject approval. The purpose of the financial guarantee and lmprovements
Agreement is to ensure the following,.
A. Completion of Project and Reclamation of the Property. The Project
is completed, including reclamation of property to return the property to pre-
existing conditions and remove structures to one foot below ground level.
B. Conditions of Permit Fulfilled. The applicant performs all
improvements, mitigation requirements and permit conditions in connection with
the construction, operation and termination of the Project.
C. Applicant Addresses Responsibility for Impacts to Public Facilities
and Services. The applicant addresses responsibility for increased demand on
public facilities and services as a result of the construction, operation and
termination of the Project.
D. Funds are Available to the County to Complete Project, lf Necessary.
ln the event that the Project is suspended, curtailed or abandoned, the County
can complete the Project and necessary improvements, or restore the property to
its original condition or an acceptable condition at no additional cost to the
County.
Section 13-102 Amount of Financial Guarantee. ln determining the
amount of the financial guarantee, the Board shall consider the following factors.
A. Completion of Project and Reclamation of Property. The estimated
cost of completing the Pproject or returning property to its original condition or to
a condition acceptable to the County, as applicable.
B. Conditions of Permit. The estimated cost of performing all mitigation
requirements and permit conditions in connection with the construction,
operation, and termination of the flproject.
Ganrrelo Courury Urulrreo LAND UsE Resolurroru or 2008, AS AMENDED 13-1
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13-102 Arrlourur oF FTNANCtAT_ GueRerurur
C. Estimated Cost. The estimated cost shall be based on the applicant'scost estimate and the following considerations. The Board may require, as acondition of the permit, that the amount of financial security be iOlusted basedupon bids received for construction of the Project in compliance with permit
conditions.
1. The estimated cost for the county to bring in personnel and
equipment to complete any unperformed purpose of the financial
guarantee;
2. Contingency costs.
Consultant fees, including engineering and legal fees.
The duration of plroject construction or activity and a reasonable
projection of increased Pproject cost due to inflaiion, if appropriate.
3.
4.
Section 13-103 Form of Financial Guarantee. The financial guaranteemay be in any form acceptable to the Board and shall be set forth in anlmprovements Agreement executed by the county and the Applicant.
Section 13'104 Release of Guarantee. The financial guarantee may bereleased under any one of the following conditions.
A. The permit has been surrendered to the Board before commencement ofany physical activity on the project site; or
B. The Project has been abandoned and the site has been returned to itsoriginal condition or to a condition acceptable to the county; or
C. The Project has been satisfactorily completed; or
D. A phase or phases of the Project have been satisfactorily completedallowing for partial release of the financial guarantee consistent with plrojectphasing and as agreed to in the rmprovementi Agreement.
Section 13-105 Cancellation of the Financial Guarantee. A financialguarantee may be canceled only upon written consent by the Board. The Boardmay grant a request to cancel all or a portion a financiil guarantee if cancelitngthe guarantee will not detract from the purposes of the security.
GaRrreto coururv Urutrreo Llruo Use Rssolutrou or 200g, AS AMENDED 13-2
Section 13-106 Forfeiture of Financial Guarantee.
A. Notice and Response. lf the Board determines that a financial guaranteeshould be forfeited because of any violation of the permit, or lmpr-ovementsAsreement, the Board shall provide written notice to the "r*+v-qbxgqlgrcurelyunder anv financial ouarantee and to the permit holder.
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13-106 FonrerruRe or FtruRructRt GuRnRr.rrer
1. NoticeRequirements.
a. The county shall send by certified mail, return receipt
requested, a written notice of forfeiture of financial guarantee
to the surety.gbXggl_Al5qelLand to the permit holder.
(1)Notices shall be mailed to the last known address of
the applicant and of the s++retyqbXgpfg_sgety
b. The notice shail contain the foilowing information.
(1) The reason for forfeiture of the financial guarantee,
specifying each permit violation with references to the
section or sections of the Code violated.
(21 rhe permit horder's right to respond by request for apublic hearing by the Board, and notice of automatic
forfeiture if the permit holder does not respond.
(3) The deadline for response by the permit holder.
2. Response. The permit holder may request a hearing by the Board,
by written request to the Director within thirty (30) ca-lendar days of
receipt of the notice of forfeiture of financial guarantee.
a. lf the permit holder submits a timely request for hearing bythe Board, the Director shall schedule a public hearing *r=tnin
forty-five (45) calendar days of receipt of the permit f,older,s
request for hearing by the Board.
b. lf the permit holder does not submit a timely request forhearing by the Board, the Board shall order the financial
guarantee forfeited.
Public Hearing and Action by the Board.B.
Ganrrelo Coururv ururpleo Lauo Use Resolurroru or 200g, AS AMENDED 13-3
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13-106 FoRrerruRe or Frruerucnl GuRnRrurcr
1' Notification of Hearing. At least thirty (30) calendar days prior tothe date of the scheduled public heaiing before the Board ofCounty Commissioners, the permit holderihall have fublished anotice of public hearing in a newspaper of general circulation in theproject area.
2' Notice to Adjacent Property Owners. At least thirty (30) calendardays prior to the date of the scheduled publi. n"arirb, ihe permitholder shall send by certified mail, return receipt [quested, awritten notice of the public hearing to the owners of record of alladjacent property within 200 ft. radius. The notice shall include avicinity map, the property's regar description, and an announcementof the date, time and location of the scheduled hearing to considerforfeiture of the financial guarantee.
3' Action by Board of county commissioners. The Board ofCounty Commissioners shall conduct a public hearing pursuant toArticle rV, section 4-103(G), conduct of bubfic ueariij.ihe permitholder may present statements, documents, and other informationfor consideration by the Board with respect to the allegedviolation(s) and forfeiture of financiar guarantee.
a' Decision by Board. The Board shall either withdraw thenotice or enter an order for forfeiture of the financialguarantee.
c' Default and Use of Financial Guarantee. The financial guarantee maybe used by the Board in the event of default or allowed defauf of the permitholder,forthepurpoSeSofrecoverin9orfulfilling
the.permit obligation of the permit holder. rhe 'county may arrange for thelending institution providing money for the permit rrotoer to hold required funds inescrow' Funds shall be disbursed out of escrow by the lending inriitution to thecounty upon county's demand for the purposes set forth in this Article.
P Inadequate Revenue and cost Recovery. lf the forfeiture results ininadequate revenue to cover the costs of accomplishing tne puiposes of thefinancial guarantee, the county's attorney shail take such steps as deemedproper to recover such costs where recovery is deemed possible.
Section 13-107 Substitute of Guarantor or Surety. lf the license to dobusiness in colorado of any suaranlo;pJGiilFon , .""rrity filed pursuant tothis regulation is suspended or revoked by ,ny'rtrt" authority, then the appricantshall within sixty (60) days after receiving noiice thereof, substitute a good andsufficient quarantor or surety iicensed to do business in botoraoo.
- upln failure
GARTIEIO COUTTY UTIrICO LAND USE RESOIUTION Or 2008, AS AMENDED 13-4
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13.107 SUBSTITUTE or SunerY
of the permit holder to make substitution within the time allowed, the Board shall
suspend the permit until proper substitution has been made.
T:\MyFiles\PLAN\2008 Unified Land use Resolution amended as of 08-3j-09\Updated 512.1O\Article 13 FinancialGuarantee.doc
GANTIETO COUNTY UTIrICO LAND USE RESOLUTION OF 2008, AS AMENDED 13-5