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HomeMy WebLinkAboutBOCC2.24.2010Exhibits for Public Hearing held on February 24, 2010 for a Text Amendment for Article 12: Code Enforcement 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 Staff Memorandum dated 2/24/10 D E Staff Presentation F Proposed language changes to Article 12 G H I i I /'ryvV ) 136 Ad ID 4534425 4 Date L01/13/2010 PUBLIC NOTICE • Time 1 1:39 TAKE NOTICE that the Garfield County Board of County Commissioners has directed the Director of the Garfield County Building and Planning Depart- ment to propose amendments to the Text of the Garfield County Unified Land Use Resolution of 2008, as amended. The Board of County Commis- sioners is required to refer these amendments to the Garfield County Planning Commission in order to obtain their recommendation in order to contem- plate their recommendations in a noticed public hearing. The proposed amendments generally include the following: 1) Strike the "Takings" process from the Code Enforcement Section 12-103(B); and 2) Amend the "Takings Determination" lan- guage in Section 12-107(1) to eliminate the no- tice of potential violation language. All persons affected by the proposed amendments are invited to appear and state their views, pro- tests or support. If 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 8th Street, 4th Floor, Garfield 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 February 24, 2010 at 6:30 PM which will be held in the County Com- missioners Meeting Room, Garfield County Plaza Building 108 8th Street, Glenwood Springs, Colo- rado. Published in the Citizen Telegram on January 21. 2010 and the Post Independent on January 21. 2010. [4534425] Ad shown is not actual print size • • MEMORANDUM TO: Garfield County Planning Commission FROM: Fred A. Jarman, AICP, Director, Building and Planning Department RE: Proposed Text Amendments to Article 12: "Code Enforcement" DATE: February 24, 2010 1 a EXHIBIT b On October 13th, 2009, the Board of County Commissioners held a public work session with Staff to discuss certain components of Article 12: Code Enforcement that focused specifically on the following challenges: A. Initial 3 -day time line for a potential violator to respond is ineffective; B. Initial Takings Process (as applied to Code Enforcement) is also mis-intended; C. Does tendering a Land Use Application really cure anything?; D. BOCC's Involvement in Code Enforcement actions; and E. % of actual violators which require BOCC attention After certain discussion, the Board directed Staff to process the following amendments which Staff intends to present to the Planning Commission based on the points raised in the PowerPoint presentation: 1) Strike the "Takings" process from the Code Enforcement Section 12-103(B); and 2) Amend the "Takings Determination" language in Section 12-107(1) to eliminate the notice of potential violation language. Attached, you will find the Staff Presentation (Exhibit F), Minutes from the BOCC work session held on 10/13/09 (Exhibit G), and proposed language changes to Article 12 (Exhibit H). • 0 • • EXHIBIT Lir D 3 SI%) CD ?1 0m 0 Cfq r -1 - CD (1) r-1- rD +rD rD3-g T� Q.) (/),. O ▪ -v 0 rD n O 0_ N rn - 1, 0 n rD 3 rD enpe Jo <. 0 Et; S rD CD CO 0 n n rt rt rD rt O w 0 n O CD 3 CD • ® Tr O -, rt (Ln rD rD 0_ CD Orq O n CD (r) n� CD 0 O n O Q CD r 0 CD -o eaa uon.eJi c CD CD 0 0_ • rt W r -1- 3 t3 (D CD O O rF CD rF :sa2ualleip luaaan3 Code Enforcement Workshop (sAep St) L-7,3 0_ (sAepE) j 1 O .O O = v r 5. CO 0 co 0 1 1 A. 14 Ni • • fD N CD O Q fD CD _o CD 3 CD r+ N r w N 1-1 —� z rD z o • Q° v w O C N -0. O• m rD (D • (sAep St) sAep E 11 IMMO [7.77M77:777, 777=77 77:77,17777111 W W W • • •si 1 0 0 V • • • W N N Z r" 110111111 MEM (sAep sv) W sAepE) ci cz O 0 (D rD7 (D o_ Tom. V 0 rDn • • EXHIBIT p ? (-Apo J ‘,., „,,v Y,,I d 7# fr (/9/z //1/ ARTICLE XII ENFORCEMENT, VIOLATIONS, PENALTIES AND APPEALS TABLE OF CONTENTS Section 12-101 Enforcement Authority 12-1 Section 12-102 Violations 12-1 A. Land Use Approvals 12-1 B. Building Permits 12-1 C. Conditions of Approval 12-1 D. Subdivisions. 12-1 E. Developments in Areas and Activities of State Interest 12-2 F. Continuing Violations 12-2 Section 12-103 Enforcement Procedures 12-2 A. Authority 12-2 B. Notice of Violation 12-2 C. Required Removal of Improvements 12-3 D. Revoking and Withholding Building Permits 12-3 E. Withdrawal of Development Permit 12-3 F. Forfeiture of Vested Property Right 12-4 G. Criminal Enforcement 12-4 H. County Court Civil Penalty 12-4 I. Civil Enforcement 12-4 J. Subdivision Enforcement 12-5 K. Areas and Activities of State Interest 12-5 Section 12-104 Penalties 12-5 A Criminal Penalties 12-5 B. Civil Penalties 12-5 C. Civil Cause 12-6 Section 12-105 Inspection 12-6 Section 12-106 Mergers of Lots or Parcels 12-6 A. General 12-6 B. Procedure 12-6 C. Application to the Assessor 12-7 Section 12-107 Decision Review 12-8 A. Takings Determinations 12-8 B. Regulatory Impairment of Property Rights 12-9 C. Appeals 12-10 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 12-i • • ARTICLE XII ENFORCEMENTS, VIOLATIONS, PENALTIES AND APPEALS TABLE OF CONTENTS Section 12-108 Parties of Interest 12-10 GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 12 -ii 1 • ARTICLE XII ENFORCEMENTS, VIOLATIONS, PENALTIES AND APPEALS ARTICLE XII ENFORCEMENT, VIOLATIONS, PENALTIES and APPEALS DIVISION 1 GENERAL PROVISIONS Section 12-101 Enforcement Authority. Provisions of this Land Use Code shall be enforced by the Board of County Commissioners and their authorized staff utilizing all authority granted under Colorado law. Section 12-102 Violations. A. Land Use Approvals. It shall be unlawful to use real property or the improvements on real property; to undertake the development of real property; to erect, construct, reconstruct, remodel, restore or improve a building or structure; to excavate land; or to alter or change the use of any real property or improvements on real property, within the unincorporated territory of Garfield County in a way inconsistent with, not in accordance with, or not specifically allowed by this Land Use Code and without first obtaining all land use approvals or permits required by this Land Use Code. B. Building Permits. It shall be unlawful to use real property or the improvements on real property; to undertake the development of real property; to erect, construct, reconstruct, remodel, restore or improve a building or structure; to excavate land; or to alter or change the use of any real property or improvements on real property, within the unincorporated territory of Garfield County in a way inconsistent with, not in accordance with, or not specifically allowed by the adopted building code and without first obtaining a building permit in accordance with the provisions of this Land Use Code and the adopted Building Code of Garfield County. C. Conditions of Approval. It shall be unlawful to use real property or the improvements on real property; to undertake the development of real property; to erect, construct, reconstruct, remodel, restore or improve a building or structure; to excavate land; or to alter or change the use of any real property or improvements on real property, within the unincorporated territory of Garfield County in a way inconsistent with or not in accordance with the terms and conditions of any land use approval or building permit granted by the Board, its staff or authorized agents pursuant to the terms of this Land Use Code. D. Subdivisions. 1. In addition to the violations set forth above, any owner, subdivider, or agent of a subdivider who transfers or sells any property within a GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 12-1 1 1 ARTICLE XII ENFORCEMENTS, VIOLATIONS, PENALTIES AND APPEALS 12-102 VIOLATIONS subdivision before a Final Plat for such subdivided land has been approved by the Board and filed and recorded in the Office of the Garfield County Clerk and Recorder shall have violated the terms of this Land Use Code. 2. Any owner, subdivider, or agent of a subdivider who improves, sells or develops real property within a Subdivision in a manner that is inconsistent with and not permitted by the Subdivision Improvements Agreement authorizing the development of such subdivision shall be deemed to have violated the provisions of this Land Use Code. E. Developments in Areas and Activities of State Interest (§24-65.1-101 et seq. through 501 et seq., C.R.S., as amended). It shall be unlawful to use any real property or the improvements on real property; to undertake the development of real property; to erect, construct, reconstruct, remodel, restore or improve a building or structure; to excavate land; or to alter or change the use of any real property or improvements on real property within the unincorporated territory of Garfield County in a way inconsistent with, not in accordance with or not permitted by those regulations of this Land Use Code specifically directed to controlling development in areas of activities of state interest. F. Continuing Violations. Each day during which any violation of this Land Use Code or any part hereof continues shall be deemed a separate offense and violation. Section 12-103 Enforcement Procedures. A. Authority. The Garfield County Zoning Official, the Garfield County Building Inspector, and the Garfield County Code Enforcement Officer (all three positions are hereinafter referred to as "Enforcement Officials"), and the Garfield County Attorney are hereby delegated the power to enforce all provisions of this Land Use Code, the adopted Building Code, the adopted regulations of areas and activities of state interest, including without limitation, any condition imposed on an approval, and may utilize any remedies authorized under Colorado law or the provisions of this Article XII. B. Notice of Violation. Whenever the Enforcement Officials have personal knowledge of any violation of this Land Use Code, such person shall give writtan e - County Commissioners within three (3) days of receipt of such notice, such person shall give written Notice of Violation to the purported violator to correct or cease and desist from continuing the violation. An immediate order to cease the GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 12-2 ARTICLE XII ENFORCEMENTS, VIOLATIONS, PENALTIES AND APPEALS 12-103 ENFORCEMENT PROCEDURES violation shall be tendered in the case of a severe risk to health, safety and welfare of other citizens, but in no event shall a correction period longer than ten (10) days be granted by the Enforcement Officials for correcting the violation. If the purported violator requests a takings determination under Section 12 107(A) (Resolution 2009-53) C. Required Removal of Improvements. The Enforcement Officials, in their Notice of Violation set forth above, are hereby authorized to require the immediate removal of all fixtures, utilities, appliances, structures or other improvements or to require the removal or restoration of any other development, or cessation of use when such use or development in not permitted by the provisions of this Land Use Code or when such development violates the terms and conditions of an existing approval, including the approval of a Subdivision Improvements Agreement. If compliance with requested removal or cessation of activities is not achieved, an Enforcement Official may proceed with criminal or civil enforcement or both as set forth below. Such action may be taken with the assistance and concurrence of the County Attorney. D. Revoking and Withholding Building Permits. 1. In the event that either an Enforcement Official has personal knowledge of any violation of this Land Use Code or the adopted Building Code or other regulations set forth herein, they shall revoke any building permit that has been issued for improvements of the subject property where the violation is known to exist. 2. In the event that an Enforcement Official has knowledge of any violation of this Land Use Code, the Building Code or other provisions of this regulation, no land use approvals or building or other development permits shall be issued with respect to the property where the violation is believed to exist during the period of such violation. The Board of County Commissioners may suspend or revoke any existing land use approvals for the property where the known violation exists, subject to conducting a properly noticed hearing where such hearing would be required for the land use approval that is the subject of the revocation, following the same process and notification required to obtain such original approval. E. Withdrawal of Development Permit. If an activity or development permitted by a development permit is not operated in strict compliance with the terms and conditions attached to that permit, that development permit may be withdrawn utilizing the same procedures and same period of notification required to obtain the original approval for such development permit. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 12-3 • • ARTICLE XII ENFORCEMENTS, VIOLATIONS, PENALTIES AND APPEALS 12-103 ENFORCEMENT PROCEDURES F. Forfeiture of Vested Property Right. 1. If a Site Specific Development Plan is approved with conditions, the failure to abide by the terms and conditions of approval may result in a forfeiture of vested property right, and may result in revocation or suspension of the approval. 2. Forfeiture of a vested property right and revocation or suspension of a development approval shall be by resolution of the Board of County Commissioners after public hearing in accordance with this section, as well as the provisions of 12-107(A) concerning takings determinations. Notice of the hearing shall be published and mailed to the owner of applicable real property in accordance with that section. 3. Any hearing conducted for forfeiture of a vested property rights shall also be considered a hearing for final determination of any allegations or claims concerning a taking of property without just compensation and such claim shall be resolved under this section, as well as the provisions of section 12-107(A), concerning takings determinations. G. Criminal Enforcement. Should the noticed violator fail to correct the noticed violation within the required time period, an Enforcement Official may request that the Garfield County Sheriff issue a summons and complaint to the violator stating the nature of the violation with sufficient particularity to give notice of said charge to the violator. In all respects, the Enforcement Official, together with the Garfield County Sheriff, shall comply with the provisions of §30-28-124, C.R.S., as amended. H. County Court Civil Penalty. At the election of the Garfield County Attorney, Garfield County, acting through an Enforcement Official, may elect to pursue remedies under either §30-28-124, C.R.S., as amended, or §30-28-124.5, C.R.S., as amended, seeking imposition of criminal penalties, civil penalties or both. In the event that the County Attorney elects to follow the provisions of §30- 28-124.5, C.R.S., as amended, the officials of the County shall comply with the provisions of that section. I. Civil Enforcement. Notwithstanding the listing of enforcement powers in this article, and in addition to those powers, in case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, or used, or any land is proposed to be used in violation of this Land Use Code or in a manner not specifically permitted by this Land Use Code or the adopted building code or any GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 12-4 • • ARTICLE XII ENFORCEMENTS, VIOLATIONS, PENALTIES AND APPEALS 12-103 ENFORCEMENT PROCEDURES amendment of such documents as enacted by the Board of County Commissioners, the County Attorney, in addition to other remedies provided by law, may institute a request for injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, or use. The County Attorney may proceed with such civil enforcement after authorization by the Board of County Commissioners. Such action by the County Attorney may include any request for declaration and relief under a Subdivision Improvements Agreement. J. Subdivision Enforcement. In addition to any other enforcement powers set forth in this article, the Board of County Commissioners shall have the authority to bring an action to enjoin any owner, subdivider or agent of a subdivider from selling land before a Final Plat for such subdivided land has been approved by the Board of County Commissioners and recorded with the Clerk and Recorder. Additionally, the Board of County Commissioners or any purchaser of any lot or parcel of land subject to a plat restriction that is part of an approved subdivision and subject to a Subdivision Improvements Agreement shall have the authority to bring an action against a subdivider or agent of a subdivider to compel enforcement of any Subdivision Improvements Agreement on the sale, conveyance or transfer of title or any other provision of such Subdivision Improvements Agreement. Such authority shall include the right to compel rescission of sale, conveyance or transfer of title of any lot, lots, track or tracks of land contrary to the provisions of any such restriction set forth in the plat or any separate recorded instrument and shall include the power to vacate any approved plat as such plat concerns any property that has not been conveyed to ownership separate from the subdivider or subdivider's agent. K. Areas and Activities of State Interest. For any area designated as a matter of state interest or for conduct of any activity designated as a matter of state interest for which a permit is required by this Land Use Code, the Board of County Commissioners may seek to enjoin any development in such designated area or designated activity by any person who has not obtained such required permit. Section 12-104 Penalties. A Criminal Penalties. Any person convicted of violating any provision of this Land Use Code shall be guilty of an offense as set forth in §30-28-124, C.R.S., as amended, and shall be subject to all fines and penalties as set forth therein. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 12-5 ARTICLE XII ENFORCEMENTS, VIOLATIONS, PENALTIES AND APPEALS 12-104 PENALTIES B. Civil Penalties. Any person found to have violated any provision of this Land Use Code shall be subject to the imposition of a penalty as set forth in §30- 28-124.5, C.R.S., as amended, and the property that is the subject of the penalty shall be subject to the lien set forth therein. C. Civil Cause. Any person found to have violated any provision of this Land Use Code, any conditions imposed pursuant to this Code or any agreement required by this Code, shall be subject to the payment of all costs, fees and expenses incurred by the County in abating such violation. Section 12-105 Inspection. The Enforcement Officials and County staff under their supervision are hereby authorized to inspect any lands, buildings or improvements to determine if such are in compliance with this Land Use Code or any adopted building code. Any official performing such inspection shall abide by all laws of search and seizure as set forth by federal and state statutory and constitutional provisions. Section 12-106 Mergers of Lots or Parcels. A. General. The Lots/Parcel merger procedure is a one-step review procedure to comply with the requirements of § 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. In 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 otherwise diminish or expand any rights a land owner may have under Article 68 of Title 24, C.R.S. or § 29-20-201, et seq. 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. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 12-6 •ARTICLE XII ENFORCEMENTS, VIOLATIONS, PENALTIES AND APPEALS 12-106 MERGERS OF LOTS OR PARCELS 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 merger and to give each owner the opportunity to submit any basis provided under the law for challenging the merger. The hearing shall take place no sooner than ninety (90) days following the date of notice required under subsection 1. Where the owner of each affected parcel does not timely request a hearing on the proposed merger satisfying the requirements of subsection 1, no hearing is required and the affected parcel shall be merged in accordance with the requirements of this section. 3. Where a hearing has been duly requested pursuant to subsection 2., notice of the time, place and manner of the hearing shall be provided to each owner of the affected parcels thirty (30) days prior to the date of the hearing and shall also be published in a newspaper thirty (30) days prior to the date of the hearing. 4. No merger of parcels that are the subject of a hearing before the Board of County Commissioners shall be effective unless the owner of the parcels has given his/her or its consent to the merger of said parcels; and the merger has been approved by a majority of the Board of County Commissioners. 5. Upon completion of any merger of parcels in accordance with the requirements of this section the County shall file a record and notice of merger with the Garfield County Clerk and Recorder and such notice shall constitute prima facia evidence that all of the requirements of this section have been satisfied. C. Application to Assessor. 1. The provisions of this section shall have no application and shall not be binding upon any decision of the Garfield County Assessor to merge parcels for purposes of valuation by that office. 2. The merger of parcels for the purposes of valuation and subsequent property taxation shall have no affect and shall not be considered as binding or precedential to any decision required under this section concerning the merger of parcels or lots. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 12-7 111 ARTICLE XII ENFORCEMENTS, VIOLATIONS, PENALTIES AND APPEALS 12-107 DECISION REVIEW Section 12-107 Decision Review A. Takings Determinations. 1. General. A property owner who is an applicant for a development permit, a land use change, subdivision approval or recipient of notice of potential violation} who believes they are adversely affected or aggrieved by a determination by an Enforcement Official, the Planning and Zoning Commission or the Board of County Commissioners and who believes or contends that the determination by any of the above referenced individuals, agencies or commissions constitutes a taking of all economically beneficial use of private property without just compensation in violation of the United States or Colorado Constitutions or a taking of a vested property right, said property owner shall, as a pre -requisite to any appeal, defense of or judicial review of a decision, request a hearing pursuant to this section before the Board of County Commissioners. 2. Process for Appeal. An application for a Takings Determination shall be submitted no later than fifteen (15) days from the date of the decision that the applicant believe constitutes a taking of all economically beneficial use of the property or taking of a vested property right., except for a Notice of Anticipated Enforcement that notice. Within forty-five (45) working days of the receipt of a written request for hearing, pursuant to this section, the Board of County Commissioners shall conduct a hearing and within fifteen (15) working days after such hearing, render its decision. The hearing set forth above shall be conducted as an open public meeting, properly agendaed at either a regular or special Board of County Commissioner meeting. Prior to such hearing, the Board of County Commissioners shall provide written notification to the applicant of such hearing, which written notification shall be tendered to the applicant at least three (3) calendar days and not more than ten (10) calendar days prior to the date of such hearing. Such notification shall be tendered by either personal service of notice or mailing by certified United States mail. 3. Applicability. In the event that a petition is submitted under this section, the Board of County Commissioner determination on the GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 12-8 •ARTICLE XII ENFORCEMENTS, VIOLATIONS, PENALTIES AND APPEALS 12-107 DECISION REVIEW underlying petition shall not be considered final for purpose of judicial review until the Takings Determination to be made under this section has been decided by the Board. 4. Standards. The Board of County Commissioners shall determine whether the property owner will be denied all reasonable use and economic return or will be denied all use of a vested property right as a result of the questioned determination. If the Board of County Commissioners determines that a Takings pursuant to that standard has or may occur, it shall take such action as it deems appropriate to remedy the situation. In making its decision, the Board of County Commissioners shall consider the value of the property as a whole or the existence of a demonstrated vested property right. In making its determination, the Board of County Commissioners shall consider the beneficial uses that remain in the property, notwithstanding the challenged determination, and shall give due consideration to the reasonable investment expectations of the landowner, unless such claim involves a taking of a vested property right. 5. Relief. In the event that the Board of County Commissioners determines that a taking of economically beneficial use of private property may have occurred or that the owner may have suffered the taking of a vested property right, the Board of County Commissioners may award relief that would be available pursuant to the Land Use Code. If such relief requires consideration at a public hearing, the Board of County Commissioner shall establish such hearing with appropriate required notifications. The Board of County Commissioners shall determine who shall bear the cost of such notification for any required public hearing based upon equitable considerations. 6. Qualified Experts. The Board of County Commissioners may, in its discretion, seek the assistance of qualified experts in evaluating the information submitted and the opinions of the property owner regarding the alleged taking. B. Regulatory Impairment of Property Rights. 1. If a land owner elects to file a notice of Regulatory Impairment of Property Rights pursuant to the provisions of § 29-20-203, C.R.S. as amended, the Board of County Commissioners shall consider such notice, rendering a decision as required by §29-20-204, C.R.S., as amended, at a public meeting within the time frame required by that section. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 12-9 • • ARTICLE XII ENFORCEMENTS, VIOLATIONS, PENALTIES AND APPEALS 12-107 DECISION REVIEW 2. If a landowner elects to file notice under § 29-20-201, C.R.S. as amended, Regulatory Impairment of Property Rights, consideration of that notice shall be a final determination under the provisions of this Article with no further or additional right to appeal to the Board of County Commissioners concerning a decision of the board concerning that landowner's property. Any decision rendered under § 29-20-204, C.R.S. as amended by the Board of County Commissioners as required by that statute shall be considered final for purposes of subsequent judicial review which review shall be limited as provided by that statute. C. Appeals 1. Board of Adjustment. a. The Board of Adjustment will consider appeals of administrative interpretations entered by Enforcement Officials consistent with the provisions of Section 1-303. b. The Board of Adjustment shall hear appeals concerning requests for variance to the Land Use Code consistent with the provisions of Section 1-303. 2. Board of County Commissioners and Planning Commission. Appeals from final decisions of the Board of County Commissioners and the Planning Commission shall be conducted pursuant to appropriate provisions of the Colorado Revised Statutes and the Colorado Rules of Civil Procedure. 12-108 Parties in Interest. For the purpose of determining the ability to seek judicial review of a decision resulting from a quasi judicial hearing, the parties in interest who may seek such review shall be limited to those individuals or entities entitled to receive written, mailed notification of the hearing that led to the contested decision. Although all individuals or entities may participate in a quasi judicial public hearing, only those individuals and entities shown by the record of that proceeding as those with a right to receive such written, mailed notification shall be recognized as parties in interest for the purpose of any subsequent judicial review of the action emanating from such hearing. GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 12-10 • PUBLIC NOTICE TAKE NOTICE that the Director of the Garfield County Building and Planning Department is proposing amendments to the Text of the Garfield County Unified Land Use Resolution of 2008, as amended. The Board of County Commissioners is required to refer these amendments to the Garfield County Planning Commission in order to obtain their recommendation in order to contemplate their recommendations in a noticed public hearing. The proposed amendments generally include the following: 1) Strike the "Takings" process from the Code Enforcement Section 12- 103(B); and 2) Amend the "Takings Determination" language in Section 12-107(1) to eliminate the notice of potential violation language. All persons affected by the proposed amendments are invited to appear and state their views, protests or support. If 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 reviewed at the office of the Planning Department located at 108 8th Street, 4th Floor, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. Additionally, a copy of the proposed amendments can be viewed at the following internet address: This public hearing where the Planning Commission shall make a recommendation to the Board of County Commissioners regarding these amendments has been scheduled for :.Tun ! 3 , 2010 at 6:30 PM which will be held in the County Commissioners Meeting Room, Garfield County Plaza Building 108 8th Street, Glenwood Springs, Colorado. Ad ID 4316391 Date 11/19/2009 PUBLIC NOTICE TAKE NOTICE that the Director of the Garfield County Building and Planning Department is proposing amendments to the Text of the Garfield County Unified Land Use Resolution of 2008, as amended. The Board of County Commissioners is required to refer these amendments to the Garfield County Planning Commission in order to obtain their recommendation in order to contemplate their recommendations in a noticed public hearing. The proposed amendments generally include the following: 1) Strike the "Takings" process from the Code Enforcement Section 12-103(B); and 2) Amend the "Takings Determination" language in Section 12-107(1) to eliminate the notice of potential violation language. All persons affected by the proposed amendments are invited to appear and state their views, protests or support. If 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 reviewed at the office of the Planning Department located at 108 8th Street, 4th Floor, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. Additionally, a copy of the proposed amendments can be viewed at the following internet address: This public hearing where the Planning Commission shall make a recommendation to the Board of County Commissioners regarding these amendments has been scheduled for , 2010 at 6:30 PM which will be held in the County Commissioners Meeting Room, Gar- field County Plaza Building 108 8th Street, Glenwood Springs, Colorado. Published in the Citizen Telegram on November 26, 2009. [4316391] Ad shown is not actual print size Time 18:42 AM Thu, Nov 19, 2009 1110 08:42:54 4316391 Acct: 1008788 Phone: (970)945-1377 E -Mail: Client: Caller: Fred Jarman Receipt Ad Ticket #5 Name: Garfield County Purchasing Address: 108 W 8TH ST, Ste 403 City: Glenwood Springs State: CO Zip: 81601 Ad Name: 4316391A Editions: 8CT/8P1/8PIN/ Start: 11/26/09 Color: Copyline: 4316391 rct Code Amend PC Enfor Lines: Depth: 49 4.1 Columns: 1 Discount: 0.00 Commission: 0.00 Net: 0.00 Tax: 0.00 Total 24.79 Payment 0.00 Original Id: 0 Class: 0990 Stop: 11/26/09 Issue 1 Rep: Mary Borkenhagen 7AKE NOTICE that the Director of the Garfield County Building and Planning Department is propoang amendments to the Text of the Garfield County Unified Land Use IRewxlutirm of 2008. as amended, The Beard d County C nmissioners is required to rater these amendments to the Garfield County Planning Commission in order to obtain their recommendation in order to contemplate their tKarim ert afkxts In a noticed public hearing, The proposed amendments generally include the following, 1) Strike the "Takings" process from the Code Enforcement Section 12-103(6); and 2) Amend the "Takings Determination" language in Section 12-107(1) to eliminate the notice of potential violation language. AM persons affected by the proposed amendments are invited to appear and state their views, protests or support. If you can not appear persrxta4y at such hearing, than 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 reviewed at the office cR the Planning Department lamed at 108 8111 Street, 4th Flax. (,arfield County Plaza Building. Glerxvoad Springs. Colorado between the hours c4 8:30 a.nt. and 5:00 p.m., Monday through Friday. Additionally, a copy of the proposed amendments can be viewed atthe following Internet address: This public hearing where the Planning Commission shall make a recommendation dation to the Board of County Cornmissioners regarding these amendments has bean scheduled for 2010 at 6:30 PM which wilt be held in the County CommiSsicrters Meeting Ron, Gar- r iold County Plaza Building 108 8th Street, Glenwood Springs, Colorado. Published in the Citizen Telegram on November 26.2000. [4316391) Ad shown is not actual print size • • GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com (pay a, REZONING: TEXT AMENDMENT [Amendment to the text of the Unified Land Use Resolution of 2008 or an Existing Planned unit Development GENERAL INFORMATION (Please print legibly) > Name of Property Owner: 4//4' > Mailing Address: 111 Telephone: ( ) > City: State: Zip Code: Cell: ( ) > E-mail address: FAX: ( ) > Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc):) ➢ P/temip-7) /..1-. 4/�N7 -ir 4-• S�'� (fa/ (3o6-/ > Mailing Address: Telephone: ( ) > City: State: Zip Code: Cell: ( ) ➢ E-mail address: FAX: ( ) > Specific Section of County Unified Land Use Resolution of 2008 or PUD to be amended: 1/ ,, ) i) 5,,-,1-e,/whys 54�� li-/6,3( i 3 /),7-,),e,)/),7-,),e,)rum- 2) A- itlim ? ,/ 7 L/ i'i ) /4/16-'11-.''''/' ` 44,7)- ,7 SLS /2 - /CP 9-6) ➢ Purpose for the proposed text amendment: S0,-Go..7 / J7c/ 'o.,fri,ti/t, ;,,.'/ ( �✓ G.:-1/;/wb / Ce -' . e Last Revised 12/29/08 L • I. APPLICATION SUBMITTAL REQUIREMENTS This Application applies to owners of real property in Garfield County who desire to 1) amend, add, or delete specific text in the County's Unified Land Use Resolution of 2008, or 2) amend, add, or delete text of an approved Planned Unit Development (PUD). As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Submit a cover letter containing a detailed narrative describing the proposed amendment to the specific text of the County Unified Land Use Resolution or to the text of an approved Planned Unit Development (PUD). This narrative should describe the overall purpose of the amendment and the specific sections to be amended. 2. Submit a copy of the deed, legal description, and copy of the County Assessor's Map of the real property, owned by the Applicant in Garfield County, which will be affected by such change. 3. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a copy of a recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity." 4. Submit payment of the $300.00 base fee and sign the "Agreement for Payment" form and provide the fee with the application. 5. Please provide a response that demonstrates that the request meets the following criteria: a) Compliance with Comprehensive Plan and Intergovernmental Agreements. The proposed text amendment is consistent with applicable provisions of the Garfield County Comprehensive Plan and any intergovernmental agreements affecting land use or development or an approved amendment to the Comprehensive Plan prior to the decision on the text change. b) Compliance with Statutory Provisions. The proposed text does not conflict with State statutory provisions regulating land use. c) Increased Hazards. The proposed use does not result in hazards or alter the natural environment to an extent greater than the other uses permitted in the zone district to which it would be added. d) Increased Nuisance. The proposed use does not create more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or more traffic hazards than that normally resulting from the other uses permitted the zone district to which it would be added. e) Compatibility. The proposed use is compatible with the uses permitted the zone district to which it would be added. 1 • • 6. Vicinity map: An 8 1/2 x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3 -mile radius of the subject property. The map shall be at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed land use change to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. 7. A copy of the Pre -Application Conference form from the original Pre -Application Conference. 8. Submit 3 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS The following outlines the process for amending the text of the Unified Land Use Resolution or an existing PUD pursuant to Section 4-202 of Article IV. 1. Submit Application. The application materials required for text amendment are set forth in Section 4-501(D) and included above. 2. 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 Completeness. 3. Schedule Public Hearing. Upon a determination of completeness, the Director shall schedule the application for consideration by the Planning Commission. a. Public hearing by the Planning Commission shall be held at the next regularly scheduled meeting of the Commission for which proper notice of hearing can be accomplished. b. Public notice of the hearing shall be published by the Director in a newspaper of general circulation in the County at least thirty (30) calendar days prior to the date of the public hearing. 4. Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the proposed text amendment and prepare a staff report. A staff report shall be prepared pursuant to Section 4-103 E. 5. Review and Recommendation by the Planning Commission. A proposed text amendment shall be considered by the Planning Commission at a public hearing, after proper notice, conducted pursuant to Section 4-103 G, Conduct of Public Hearing. a. Recommendation by Planning Commission. The Planning Commission shall recommend approval, modification or denial of the proposed amendment. L • • 6. Schedule Public Hearing. The Director shall schedule the application for consideration by the Board of County Commissioners. a. Public hearing by the Board of County Commissioners shall be held within forty (40) calendar days of the date of the Planning Commission's recommendation. b. Public notice of the hearing shall be published by the Director in a newspaper of general circulation in the County at least thirty (30) calendar days prior to the date of the public hearing. 7. Review and Action by the Board of County Commissioners. Upon a public hearing conducted pursuant to Section 4-103 G, Conduct of Public Hearing, the Board of County Commissioners shall determine whether the text should be amended. a. Decision by Board. The Board of County Commissioners shall approve, modify or deny the proposed amendment. The Board shall direct that the Director make any such approved amendments to the text of this Land Use Code. b. Effective Date. Unless otherwise specified by the Board of County Commissioners, an approved amendment to the text of this Land Use Code shall become effective upon the date of the Board's approving the amendment. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Signature of Property Owner) Date • • GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. • • GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 $675 + application agency review fees and outside Preliminary Plan / Conservation Subdivision consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Preliminary Plan Amendment $325 Final Plat $200 Final Plat Amendment / Correction Plat $100 Combined Preliminary Plan and Final Plat $1,075 Minor Exemption / Amendment $300 / $300 Major Exemption / Amendment $400 / $300 Rural Land Development Option Exemption / Amendment $400 / $300 General Administrative Permit $250 Floodplain Development Permit $400 Pipeline Development Plan / Amendment $400 / $300 Small Temporary Employee Housing $50 Minor Temporary Employee Housing $250 Limited Impact Review / Amendment $400 / $300 Major Impact Review / Amendment $525 / $400 Rezoning: Text Amendment $300 Rezoning: Zone District Amendment $450 Planned Unit Development (PUD) / Amendment $500 / $300 Comprehensive Plan Amendment $450 Variance $250 Interpretation $250 Planning Staff Hourly Rate • Planning Director $50.50 • Senior Planner $40.50 • Planning Technician $33.75 • Secretary $30.00 County Surveyor Review Fee (includes review of Amended Plats, Final Plats, Exemption Plats) Determined by Surveyor$ Mylar Recording Fee $11 —1st page $10 each additional page Page 2 • • The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) Signature Date Print Name Mailing Address: Page 4 • • STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of a (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is and is formed under the laws of The mailing address for the Entity is The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: (if no limitations, insert "None") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matter, leave this section blank) EXECUTED this day of,2008. Signature: Name(typed or printed: Title (if any): STATE OF )SS. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2008 by , a 11/08 , on behalf of Witness my hand and official seal. My commission expires: [SEAL] (Notary Public)