HomeMy WebLinkAbout1.13.2010TO:
FROM:
MEMORANDUM
Garfield County Planning Commission
Fred A. Jarman, AICP
Director, Building & Planning Department
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RE: Proposed Text Amendments to the Unified Land Use Resolution of 2008
(2nd Half of Batch #1) (Continued Public Hearing)
Date: January 13, 2010 (Continued from 3/25/09, 5/13/09, 7/22/09 and 9/9/09,
10/14/09)
Background and Purpose
As expected and anticipated, as Staff has been administering the new Unified Land Use
Resolution of 2008 (the New Code), we have identified substantive conflicts, mis-
references, typographical errors, unintended timelines, and unanticipated omissions of
language and regulatory provisions that did not carry over into the New Code from the
Zoning Resolution of 1978, as amended and the Subdivision Regulations of 1984, as
amended (together known as the Old Code). In order to resolve these issues, this
memorandum contains a list of proposed amendments to the New Code to address
these identified issues.
Since the last time the Planning Commission met regarding these amendments, the
following specific items were left for Staff to bring back to the Commission which are
listed here for the ease of the reader:
A. Refine / define the multiple types of the use of "storage" as listed in tables 3-501
B.
and 3-502. Item no. 2 proposes definitions / revisions for your review.
Clarify the fairly confusing array of uses related to "Electric Generation Facilities"
and the multitude of associated uses that go along with that use such as
substations, transmission lines, distribution lines, etc. You will find these items
are addressed and suggestions are made in item nos. 3, 7, 8, and 9. We believe
this clarifies these issues.
C. PUD Amendments: Staff was asked to bring suggestions back to the Planning
Commission regarding a process and submittal materials for PUD amendments.
Item no. 24 discusses these suggestions.
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D. "ADA" discussion: The Planning Commission asked staff to revisit this item and
bring it back to the Planning Commission. Andy Schwaller (Chief Building Official)
and I discussed this and Andy pointed out that the term "ADA" is generic is only
one of many codes that apply to accessibility concerns / requirements of certain
situations. This change allows flexibility to apply the correct code for the specific
situation. This is found as item no. 33.
E. Temporary Employee Housing (TEH): Staff stated they would provide addition
thoughts on this item as found in item no. 40 regarding Add language allowing
water treatment (reuse) systems to be utilized. Remove references to "stored"
water.
Since the Temporary Employee Housing section was adopted, newer "reuse" /
"recycled" systems were brought to the County's attention where treatment
systems would process wastewater generated on-site from the TEH and used on-
site in the drilling process. This suggestion simply allows flexibility for those
systems to be utilized and doesn't preclude this technology.
II. The following is the entire list of proposed amendments which
incorporate the points made above. [Generally, where text is added it is shown as
underlined, where text is deleted it is shown as stricken.]
1. Park & Ride (Should this be considered as a use as we see more requests from the
O&G industry for this type of use?)
Planning Commission Response
Planning Commission asked Staff to bring a definition back to the PC for discussion. Staff
proposes that the PC adopt the following definition:
Park and Ride Facility: A facility where commuters leave their personal vehicles in
a parking lot or parking garage and transfer to a bus, rail system, rapid transit, Tight
rail or commuter rail, or carpool for the rest of their trip. The vehicle is stored at the
facility during the day and retrieved when the commuter returns. Vehicles are not
allowed to park at these facilities overnight.
Additionally, Staff suggests adding Park & Ride Facility to Tables 3-501 and 3-502 as a
Limited Impact Review in all zone districts except as a use -by -right in Public Lands.
2. Storage: We only defined "Storage" in "Industrial Activity" in the definitions yet
Tables 3-501 and 3-502 have the following more refined storage types of uses that
are not defined?
i. Storage: Accessory Storage / Warehousing of Materials or Equipment
within a building;
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ii. Storage: Cold Storage Plants
iii. Storage: Hazardous Materials requiring a special state or federal
permit;
iv. Storage: Supplies, Machinery, Equipment or Products;
v. Storage: Storage, Repair and Dispatch Center from Transit Uses.
Planning Commission Response
Planning Commission asked Staff to bring a definition back to the PC for discussion. Staff
proposes that the PC adopt the following definition:
Storage: Accessory Storage / Warehousing of Materials or Equipment
within a building: A commercial building for storage of goods, materials,
and equipment commonly used in commercial or industrial operations
including, but not limited to manufacturers, importers, exporters,
wholesalers, transport businesses, customs, etc.
ii. Storage: Cold Storage Plants: The storage of goods in an artificially cooled
place for preservation.
i. Storage of Hazardous Materials: The act of storing hazardous waste
which requires a special state or federal permit;
ii. Storage: Supplies, Machinery, Equipment or Products: :\N!ei,A area used
for storing machinery, equipment, or products generally associated with
a commercial or industrial activity.
iii. Storage: Storage, Repair and Dispatch Center from Transit Uscs:
3. Electrical Substation is in Table 3 — 502. Did we mean to eliminate it from Table 3-
501?
Planning Commission Response
The Planning Commission suggested adding "Electrical Substation" as a Limited Impact
Review in all zone districts in Table 3-501 and as a use -by -right in Public Lands.
Additionally, due to the considerable differences in the definitions and what is listed in
Tables 3-501 and 305-2 as well as the points in the letter from Holy Cross Energy, the PC
asked Staff to bring back a suggested way of incorporating these changes into the Code.
Staff suggests the following:
a. Delete the current definition of "Electric Substation" in Article 16 which currently
states:
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of 69,000 volts or more.
b. Replace "Electric Substation" with the following:
UTILITY SUBSTATION means any facility designed to provide switching, voltage
transformation or voltage control required for the transmission of electricity
sixty-nine (69) kilovolts or greater. (Application review timelines shall follow
process and review requirements set forth in CRS 29-20-108(2), as amended.)
c. Include this new use in Tables 3-501 and 3-502 as a Limited Impact Review in all
zone districts and as a use -by -right in Public Lands and eliminate the term
"Electric Substation" in Table 3-502.
4. Perhaps we should refine the definition of "Lot" so that we can better deal with the `0
"contiguous ownership" issue which differentiates tax parcels from zoning. The
present definition of "Lot" is.
piece of land intended to be separately owned, deve ..ed, and otherwise
X \)
Staff sugge Lot could be defined as: a ..reel of land shown with a separat-
and distinct nu er or letter on a /:.ally recorded plat in the office of the �l
Garfield County Cler :. d Record
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Additionally, the Codes . initio .f "Parcel" is: See Lot
Staff suggests Pa el could be defined as: = . quantity of land and water that ,tri
is capable of/einq described with such p "sion that its location and
boundarie/may be established, and that is des ated by its owner or
develo er as land to be used or developed as a unit, or has been used or
dev oped as a unit.
US
as a unit.
Planning Commission Response
The Planning Commission suggested Lot be defined as: A tract or unit " l of land
shown with a separate and distinct number or letter on a legally recorded plat in the
office of the Garfield County Clerk and Recorder.
5. "Industrial Use or Activity" on
y page 16-24 in definitions should have a cross
Planning Commission Response r f �\
Planning Commission agreed to the following: � t
reference to the Standards required in Article 7.
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Industrial Use or Activity. Uses engaged in processing, manufacturing of materials
from either extracted or raw materials or from previously prepared materials
resulting in a new product designed for wholesale or retail sale. (Note, Article VII of
this Resolution contains specific review standards specific to Industrial Uses.)
6. "Access Routes": This use is defined in Article 16 and only allowed in Table 3-502 on
the Plateau and Gentle Slopes as a Use -by -Right. But prohibited in all other zone
districts. Does the County desire to allow this as a regulated use in other districts?
[Background on this issue: Well pad access routes are currently not regulated by
the County as long as they do not require an Access Route Administrative Land
Use Permit as outlined in Section 3-501. Currently, Access Routes are a use -by -
right only in the Resource Lands and Public Lands zone districts. Grading permits
are currently not required as long as all elements required by a grading permit
are included in the Land Use Permit application. The Garfield County road
standards as outlined in Section 7-307 start at 11 ADT. To this end, a route which
has 10 or fewer ADT is not subject to these road standards (a single family home
is generally considered 10 ADT). However, the definition of Access Route is broad
enough to cover everything from a driveway to a single family home to Garden
Gulch Road. This topic will be back to the BOCC for discussion in the near future.
In the meantime, Staff will be following the Land Use Resolution of 2008 as
written which requires land use permits for all Access Routes outside the RL and
Public Lands Zone Districts.]
Planning Commission Response
Planning Commission recommended allowing "Access Routes" as a use -by -right in all
zone districts adding the language: except as reviewed as part of a land use change
permit. The Tables 3-501 and 3-502 should be amended to reflect this change.
7. It appears that "Utility Lines" and "Utility Substations" are not allowed at all except
in the Resource Lands. Staff suggests adding the uses to Table 3-501;
Planning Commission Response
Additionally, due to the considerable differences in the definitions and what is listed in
Tables 3-501 and 305-2 as well as the points in the letter from Holy Cross Energy, the PC
asked Staff to bring back a suggested way of incorporating these changes into the Code.
Staff suggests the following:
a. Delete "Utility Lines" in Article 16 which currently states:
to anothcr.
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b. Replace "Utility Lines" with the following:
UTILITY DISTRIBUTION FACILITY means any gas or electric line other than gas
transmission or electrical transmission line as defined herein, and telephone or
telegraph line, cable television line, water line, sewer line, or neighborhood
substations.
c. Include this new use in Tables 3-501 and 3-502 as a use -by -right in all zone
districts and eliminate the term "Utility Lines" in Table 3-502.
d. Redefine "Utility Substation" in Article 16 which currently states:
Utility Substation. An auxiliary power station where electrical current is
converted, as from AC to DC, voltage is stepped up or down, etc. Any facility
designed to provide switching, voltage transformation or voltage control
required for the transmission of electricity sixty-nine (69) kilovolts or greater.
(Application review timelines shall follow process and review requirements set
forth in CRS 29-20-108(2), as amended.)
e. Add Utility Substation to Table 3-501.
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include "unless reviewed as part of a Limite^ w—;
Planning Commission Response
Access Routes (unless reviewed as part = f any other land use charge permit.}
These were to be a Use by right in all zones districts.
8. On page 3-40: "Major PUC Regulated Electric..." should be either a use -by -right in
the Resource Lands or change the same use in Table 3-501 to Limited Review; and
Planning Commission Response
The Planning Commission suggested Staff bring back a suggested way to deal with this
as well as the other electric energy related infrastructure issues. Additionally, due to the
considerable differences in the definitions and what is listed in Tables 3-501 and 305-2
as well as the points in the letter from Holy Cross Energy, the PC asked Staff to bring
back a suggested way of incorporating these changes into the Code. Staff suggests the
following:
a. Delete "Major PUC Regulated Electric or Natural Gas Distribution Facilities" in
Article 16 which currently states:
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Distribution Facilities. Major PUC electrical
1. Electrical generating facilities.
2. Substations used for switc
modifying the characteristics of electricity.
thousand volts or above.
/1. Structures and equipment associated with such electrical generating
5. Structures and equipment utilized for the local distribution of natural
gas service including, but not
laterals.
b. Replace "Major PUC Regulated Electric or Natural Gas Distribution Facilities°
with the following:
ELECTRIC POWER GENERATION FACILITY means any electric energy generating
facility with generating capacity of' (1 ) megawatts or more, and any
appurtenant facilities thereto. (Applicanrview timelines shall followp rocess
and review requirements set forth in CRS 29-20-108(2), as amended.) i A..„a fbvw
c. Include this new use in Tables 3-501 and 3-502 as a Limited Impact Review in the
Rural, Resource Lands, and Public Lands zone districts and eliminate the term
"Major PUC Regulated Electric or Natural Gas Distribution Facilities" in Tables 3-
501 and 3-502.
9. Should Electrical Transmission / Distribution Lines be a use -by -right in all of the RL
subzones?
Planning Commission Response
The Planning Commission suggested Staff bring back a suggested way to deal with this
as well as the other electric energy related infrastructure issues. Additionally, due to the
considerable differences in the definitions and what is listed in Tables 3-501 and 305-2
as well as the points in the letter from Holy Cross Energy, the PC asked Staff to bring
back a suggested way of incorporating these changes into the Code. Staff suggests the
following:
a. Delete "Electrical Transmission / Distribution Lines" in Table 3-502 and Article 16
which currently states:
Electric Tr3nsmissi
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facilities erected above ground, supporting one or more conductors emanating
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voltages of 69,000 volts or more.
distribution of electric energy in voltages Tess than 69,000 volts.
b. Add the following definitions for "Electric Power Transmission Lines" in Tables 3-
501 and 3-502 as a Limited Impact Review in the Rural, Resource Lands, and
Public Lands zone district & "Utility Distribution Lines" in Tables 3-501 and 3-502
as a use -by -right in all zone districts as follows:
ELECTRIC POWER TRANSMISSION LINE means any power line designed for or
capable of the transmission of sixty-nine (69) kilovolts of electricity or greater
and which emanates from an electrical power generation facility or electric
substation and terminates at a substation. (Application review timelines shall
follow process and review requirements set forth in CRS 29-20-108(2), as
amended.)
UTILITY DISTRIBUTION FACILITY means any gas or electric line other than gas
transmission or electrical transmission line as defined herein, and telephone or
telegraph line, cable television line, water line, sewer line, or neighborhood
substations.
c. Add the following definition of a "Neighborhood Substation" and place it as a
use -by -right in Tables 3-501 and 3-502:
NEIGHBORHOOD SUBSTATION means any facility used for the purpose of
reducing voltages to levels of less than sixty-nine (69) kilovolts, for distribution to
individual users.
10. Add "revoking" authority and process for Land Use Change Permits and rezonings /
PUDs;
Planning Commission Response
It was determined that this was not needed as it was already properly dealt with in the
Code.
11. Staff suggests the "certificates" to be placed on plats be removed from the code
and placed into the workbook.
Planning Commission Response
The Planning Commission and the BOCC has already agreed to keep the certificates
separate in the workbook. This has been completed.
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12. The new code allows the "further subdivision of subdivided lots" in Garfield County.
Does the County want to do this?
Planning Commission Response
The Planning Commission agreed that they intended to allow further subdivision of
subdivided lots in Garfield County.
13. Staff suggests better refine the "Amended Final Plat" process. Does the County
really need a Preliminary Plan" as a submittal requirement? (The original intent was
to allow these requests to be processed as administrative if they were not a
"substantial change"?
Planning Commission Response
The Planning Commission agreed to eliminate the requirement for a Preliminary Plan in
the process so the section would look like the following:
5-501(1) Amended Plat. The process for amending a Final Plat or an
Exemption Plat is set forth Section 5-306, Amended Plat and requires the
following submittal materials and processes.
1. Application Form and Fee
2. Vicinity Map 4-502(C)(2)
3. Preliminary Plan 5 501(G)
4. Final Plat, Amended Final Plat, Amended Exemption Plat
5. Subdivision Improvement Agreement, if necessary
14. Need to define "Affected Property Owner" as it pertains to notice for appeals and
call-ups;
Planning Commission Response
The Planning Commission agreed to delete all references to "Affected Property Owner"
and replace them with "Adjacent Property Owners" within 200 feet as already set out in
the notice provisions. This way it is consistent throughout the code.
15. Need to refine what's needed for a "combined Preliminary Plan / Final Plat review
such as Process & Submittal Materials. Also need a definition of "Extensive
Engineering."
Planning Commission Response
The Planning Commission agreed to delete the reference to "Extensive Engineering" as
it is too subjective. Staff suggests the "combined application" follow the 2 -step public
hearing process with the Final Plat and other associated documents (Improvements
Agreement, easements, etc.) being tendered in' their final form to be signed by the
BOCC either at the public hearing or at a subsequent date.
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Staff suggests adding a new section: 5-501(K) Combined Preliminary Plan / Final Plat
Submittal Documents are as follows:
5-501(1) Combined Preliminary Plan / Final Plat. The Combined Preliminary Plan / Final
Plat requires the following materials:
1. Application Form and Fees
2. Vicinity Map 4-502(C)(2)
3. Final Plat Map (This is to serve as the Preliminary Plan for review)
4. Yield Plan (Conservation Subdivision only)
4. Open Space Plan (If required)
5. Open Space Management Plan (If required)
6. Landscape Plan (Common Ownership Areas) 4-502(C)(5) (If required)
7. Impact Analysis 4-502(E)
8. Land Suitability Analysis 4-502(D)
9. Lighting Plan consistent with standards in 7-305(B)
10. Visual Analysis
11. Final Engineering Reports and Plans
a) Streets, trails, walkways and bikeways
b) Engineering design and construction features for any bridges, culverts
or other groundwater drainage structures to be constructed marked
"approved for construction"
c) Identification and mitigation of geologic hazards
d) Final sewage collection and water supply and distribution systems
plans. If approval from the Colorado Department of Public Health and
Environment (CDPHE) is required for these systems, such approval
shall be tendered as part of this submittal
e) Erosion and Sediment Control Plan 4-502(4)
f) Final documents demonstrating legal water including but not limited
to approved well permits, augmentation plans, substitute water
supply plans from a water conservancy district
g) Approved highway access permits from the Colorado Department of
Transportation, if applicable
h) Improvements Agreement including final cost estimates for public
improvements, Covenants and Restrictions and By-laws, Articles of
Incorporation for the HOA
i) The applicable Final Plat certifications which include listing all
mortgages, liens judgments, easements, contracts, and agreements of
record regarding the land to be platted. The Board of County
Commissioners may require, at its discretion, that the holders of such
mortgages, liens, judgments, easements, contracts or agreements
shall be required to join in and approve the'application for Final Plat
approval before such Final Plat is accepted for review. All other
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exceptions from title shall be delineated. These certifications are
found in the Workbook in the Building and Planning Department.
16. The current definition of "Floor Area" applies to residential development. Should it
be adjusted to apply to a commercial storage building or just to a dwelling? If it
applies to a storage building under Commercial Zoning FAR then the definition of
floor area may not work since storage is excluded.
Planning Commission Response
The Planning Commission agreed to leave this section as it is currently written.
17. Exempt Federal land split from subdivision;
Planning Commission Response
Yes. That was intended by the Planning Commission.
18. Need to specifically set out a process for a "corrected" Final Plat in Article V;
Planning Commission Response
This section has already been addressed in previous changes.
19. Section 1-104 reword? What needs to be in compliance with the LUC? How is a
building permit in compliance with the LUC? I think it means that the intended use
of the structure or improvement for which the building permit is requested is
permitted under the LUC.
Planning Commission Response
Yes. The Planning Commission agreed that the intent was that the "use" is in compliance
with the LUC.
20. Section 1-109(C) needs to be reworded as it is not a complete sentence. What is the
intent? Is the map being incorporated by reference? The actual county road map
per that reso and the regs adopted, as defined in the regs, is the 2004 Garfield
County Bridge Weight Limit and Extra Legal Restriction Map adopted effective
January 1, 2004. Who keeps the map? How does it get amended? Has it been since
2004? Do we want to include, once we reword, "and any amendments thereto that
have been adopted by official action of the Board of County Commissioners or that
may be adopted by the Board of County Commissioners in the future" or do we
want to amend the LUC every time the road map is changed?
Planning Commission Response
The Planning Commission agreed to strike this section altogether. The referenced
Resolution 2003-113 adopts the Road and Bridge Right -of -Way Regulations as does not
apply here.
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21. Section 1-202(E): How are subsequent reviews of a Site Specific Development Plan
initiated? Will it be a condition in the approval of the Plan initially?
Planning Commission Response
These questions were already addressed and approved in the first batch of major
amendments.
22. Are all Water Reservoirs, regardless of size, subject to regulation unless they are
primarily Ag? The definition on 16-52 ends with a comma.
Planning Commission Response
Yes. The Planning Commission intended to do this. The comma would be changed to a
period.
23. On Public Lands, the zone district is defined in 3-101(F), but there are no
regulations for that district as there are for every other zone district. Was this
intentional? On the use tables, what is the thinking behind allowing everything as a
use by right except outdoor rec/commercial; extraction; campground/RV park? The
US government could build an office building, a housing complex, etc. without any
review anywhere on land they own in the county?
Planning Commission Response
Yes. The Planning Commission agreed that this was intentional and to leave this as it is
currently adopted.
24. Section 6-202(G), page 6-8 and 6-9: So, the discretion to the Director under this
section is only to determine whether or not the amendment is a substantial
modification for purposes of deciding what materials need to be submitted? It still
proceeds as a rezoning, whether it is a substantial modification or not, still requiring
the review process in 4-201, page 4-26?
Planning Commission Response
The Planning Commission asked Staff to return to them with a proposal to address these
issues. Staff suggests that if the Director deems a PUD Amendment request to be a non -
substantial modification, then the application should only be processed through the
"administrative" process and not sent through the full rezoning request. Further, the
Director determines what materials are necessary to allow that determination to be
made as is the currently adopted language.
25. Section 4-201 and probably every other section in article 4 and elsewhere in the
code incorrectly refers to submittal requirements in 4-601, when the submittal
requirements are detailed in Article 4 Division 5. A global search of the entire code
is needed to catch all these. There are many in Article 6.
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Planning Commission Response
This has already been completed from the earlier code amendments.
26. Section 6-301(C)(3), page 6-12: Add a subsection c:
Land subject to a Conservation Easement. If the land is subject to a
conservation easement, the applicant shall submit a letter signed by the
holder of the Conservation Easement consenting to or joining in the
application. A copy of the Conservation easement shall be submitted with
other documentation of ownership. (This same provision should be inserted
in every section of the code that discusses the application Form and
ownership.)
Planning Commission Response
The Planning Commission agreed to the following language to be added as Section 6-
301(C)(3)(c):
Land Subject to a Conservation Easement: If land is subject to a conservation
easement, the applicant shall:
1) Submit a letter signed by the holder of the conservation easement stating
that the Application is consistent with the terms of the conservation
easement;
2) Submit a letter signed by the holder of the conservation easement stating
that the Application is not consistent with or is prohibited by the terms of the
conservation easement;
3) Submit a letter signed by the holder of the Conservation Easement waiving
the right to comment on or participate in the Application process; or
4) Submit evidence satisfactory to the County showing that the holder of the
conservation easement has no right to consent to or join in the Application.
A copy of the conservation easement shall be submitted with other documentation
of ownership.
27. Amend the definition of Conservation Easement on page 16-11, to include: "A
Conservation Easement is an interest in real property."
Planning Commission Response
Planning Commission agreed to do this. The new definition shall read as follows:
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Conservation Easement. The right of the owner of a property to prohibit or require
certain acts with respect to the use of the property in order to maintain the
property in a manner that will preserve its value for, but not limited to agriculture,
recreation, education, habitat, open space, or historical importance. A Conservation
Easement is an interest in real property.
28. Section 12-106 "Mergers." Suggest relocating the "Merger Section" from Article 12
to Article 2. In that way, we could add it as part of Article 2, Section 2-105(D) which
could be entitled "Voluntary Merger" and Section 2-105(E) could be "County -
initiated Merger." We should also include in the merger discussion that for
voluntary mergers, the owners of the merged parcels need to submit a request and
Notice for BOCC signature and subsequent filing, as we decided in the Upper Divide
merger.
Planning Commission Response
The Planning Commission agreed to this change. The Planning Commission also agreed
that this section on "Mergers" really ought to be located in Article 5 rather than in
Article 12 since it really exists in the "subdivision" discussion.
29. Section 12-107 on page 12-8: Change "notice of potential violation" to "Notice of
Anticipated Enforcement" and reword line 5 to read: "except in the case of Notice
of Anticipated Enforcement, pursuant to which the application for a Takings
Determination must be submitted within three (3) working days of receipt of that
notice."
Planning Commission Response
The Planning Commission agreed to this change. As a side note, Staff will be bringing a
text amendment to you in the near future that eliminates the "takings process" from
the Code Enforcement Section.
30. Section 7-309(B)(2) Easement Location currently reads: "All utility lines, including
appurtenances, shall be placed either within public road rights-of-way or within the
subdivision easements or rights-of-way provided for the particular facilities in
accordance with the approved Utility Service Plan."
Does the Planning Commission intend this section to also pertain to Targe tracts of
land (Chevron, EnCana, Oxy, ExxonMobil, etc.) and medium size tracts of land
where, for instance, electricity is generated on that parcel and transferred to
another location on the same parcel or where utilities are brought in to that
property to serve facilities located on the same parcel? This section clearly works
for a subdivision, but it is less clear how it applies to Land Use Change Permits.
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Planning Commission Response
Planning Commission agreed that this language in Section7-309(B)(2) Easement Location
was intended to apply to subdivisions. This the proposed language of that section would
read:
7-309(B)(2) Easement Location. As applied to subdivisions, all utility Tines, including
appurtenances, shall be placed either within public road rights-of-way or within the
subdivision easements or rights-of-way provided for the particular facilities in
accordance with the approved Utility Service Plan."
31. Section 7-304(K) 1 thru 6 should be deleted in their entirety and replaced with:
"accessible parking shall comply with the Counties adopted construction Codes and
the adopted or most recent Edition of CABO/ICC ANSI A 117.1"
Planning Commission Response
Planning Commission agreed to this change.
32. Section 7-304(G)(1) may cause confusion because accessible parking spaces and
drop-off is limited to a MAXIMUM of 2% slope. Staff suggests adding "or as
required by applicable Codes and/or Statutes".
Planning Commission Response
Planning Commission agreed to this change.
33. Section 10-103(B)(3): Staff suggests removing all the references to the ADA and
replacing them with "applicable accessibility Codes and/or Statutes". The reason
being other Codes/Statutes may be applicable, for instance ABA, UFAS, FHA, CRS
Title 24 and the ADA Title 11 and Title III.
Planning Commission Response
The Planning Commission asked staff to revisit the thinking on this one and bring it back
to the Planning Commission. Andy Schwaller and I discussed this and Andy pointed out
that the term "ADA" is generic is only one of many codes that apply to accessibility
concerns / requirements of certain situations. This change allows flexibility to apply the
correct code for the specific situation.
34. Once the processes set out in Articles 4 and 5 are fully amended, Staff suggests
amended the flow charts in those Articles IV and V to graphically reflect those
changes;
Planning Commission Response
Planning Commission agreed to this approach.
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35. Pipelines: Pipelines and their review process were transferred directly from the Old
Code to the New Code in their entirety. The pipeline "administrative process" in
Pipelines is much different than the Administrative Process in Article IV. Does the
Planning Commission wish to require pipeline development plans go through the
general Administrative Process in Article IV?
Planning Commission Response
Planning Commission agreed to leave this process is place as currently adopted.
36. Pipelines: Section 9-113 on page 9-9 allows for "Amendments to an Approved
Pipeline Development Plan." This section does not set out what is to be required to
be submitted or what process is used to evaluate an application that has been
determined to be not a substantial modification. Staff suggests that the Application
for an "Amendment" include the Application, payment of fees, a letter addressing
how the change is not a substantial modification as well as supporting materials to
support such a position. The Director then has the administrative discretion to
approve that request.
Planning Commission Response
Planning Commission agreed to this approach.
37. The definition of Principle Use on page 16-35 conflicts with Section 3 — 201(B) on
page 3 — 6 which limits the number if principle uses on a property. Staff suggests
limiting "primary" uses to one on any one property can be allowed on a lot at any
one time. This the definition on page 16-35 should be amended to the following:
Principal Use. The primary purpose or function for which a parcel or
structure is used, which may include multiple uses approved as a Major
. A non-commercially/industrially
zoned parcel shall not be used for more than one principal use, except for
allowed agricultural uses, mining uses, or a combination thereof.
Planning Commission Response
The Planning Commission agreed to leave the definition of Principal Use as it currently
appears and replace the section in Section 3-201(B) with the same definition as follows:
Section 3-201(B) More than One Principal Use on Non -commercially /
industrially zoned land. A non-commercially/industrially zoned parcel shall
not be used for more than one principal use, except for allowed agricultural
uses, mining uses, or a combination thereof. may include multiple uses
approved as a Major Impact Review or Limited Impact Review.
38. Should the code include Section 3-201(A) on page 3-5 if the code already
determines what level of review uses require in the tables 3-501 and 3-502?
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Planning Commission Response
No. Planning Commission agreed to delete the following section as it is already covered
in tables 3-501 and 3-501:
Section 3-201 General Restrictions
1.
The use
per lot.
2. The use
lot.
3. Th -e -arse- ..
per day per lot.
4. The lot
the proposed land use.
5. Any use e-
39. The citation to factory -built nonresidential structure should be 24-32-3302(9) not
24-32-3302(a);
Planning Commission Response
Planning Commission agreed to this definition.
40. Small/Minor/Major — Add language allowing water treatment (reuse) systems to be
utilized. Remove references to "stored" water;
Planning Commission Response
Since the Temporary Employee Housing section was adopted, newer "reuse" /
"recycled" systems were brought to the County's attention where treatment systems
would process wastewater generated from the TEH and used in the drilling process. This
suggestion simply allows flexibility for those systems to be utilized.
41. Update reference to ISDS regulations from 1994H-136 to 2008- , as amended;
Planning Commission Response
Planning Commission agreed to this definition.
42. Small: Remove reference to "Applicant", change to "Temporary Employee Housing
Operator";
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• •
Planning Commission Response
Planning Commission agreed to this change.
43. Add the definition of "Temporary Employee Housing Operator" or "Operator" —
"The individual or entity that is the permitee under the state or federal permit for
the Permitted Site and is therefore legally responsible for installation, hook-up,
operation and removal of Factory Built Nonresidential Structures and/or
recreational vehicles and all associated infrastructure used in a Small, Minor or
Major Temporary Employee Housing Facility as defined in Article XVI."
Planning Commission Response
Planning Commission agreed to this definition.
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