HomeMy WebLinkAbout7.22.2009J
MEMORANDUM
TO: Garfield County Planning Commission
FROM: Fred A. Jarman, AICP
Director, Building & Planning Department
RE: Proposed Text Amendments to the Unified Land Use Resolution of
2008 (2nd Half of batch #1) (Continued Public Hearing)
Date: July 22, 2009
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.
The following proposed amendments are generally categorized by type of
amendment rather than per Section.
New or Amended Uses in Article III and Article XVI
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?)
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;
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.
3. Electrical Substation is in Table 3 — 502. Did we mean to eliminate it from
Table 3-501?
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4. Perhaps we should refine the definition of "Lot" so that we can better deal
with the "contiguous ownership" issue which differentiates tax parcels from
zoning. The present definition of "Lot" is:
A piece of land intended to be separately owned, developed, and
otherwise used as a unit.
Staff suggests Lot could be defined as: a parcel 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.
Additionally, the Codes definition of "Parcel" is: See Lot
Staff suggests Parcel could be defined as: Any quantity of land and
water that is capable of being described with such precision that its
location and boundaries may be established, and that is designated by
its owner or developer as land to be used or developed as a unit, or
that has been used or developed as a unit.
5. "Industrial Use or Activity" on page 16-24 in definitions should have a
cross reference to the Standards required in Article 7.
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, theme'
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.
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7. It appears that "Utility Lines" and "Utility Substations" are not allovved at all
except in the Resource Lands. Staff suggests adding the uses to Table 3-
501;
On page 3-33, Staff suggests amended "Access Routes" in Table 3-501 to
also include "unless reviewed as part of a Limited Review";
9. 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
10. Should Electrical Transmission / Distribution Lines be a use -by -right in all
of the RL subzones?
II. Old Code vs. New Code Issues:
'.:.&Add "revoking" authority and process for Land Use Change Permits and
ezonings / PUDs;
III. General Amendments
1. Staff suggests the "certificates" to be placed on plats be removed from the
code and placed into the workbook. A revised set of certificates are
attached as Exhibit B to this memo.
2. The new code allows the "further subdivision of subdivided lots" in Garfield
County. Does the County want to do this?
The Minor and Major Exemption Amendment Section needs clarification.
There appears to be duplicitous language. See page 5-17: Sections (5-
306 A(1) and B (1 and 2)) as well as create clear concise references to
processes. More specifically, Staff suggests amending the "Administrative
Process" for Minor / Major Exemptions so that there is direction for placing
the approved Exemption Plat on the BOCC Consent Agenda and then
having it recorded. The sections on exemptions and amendments to
exemptions need to be reviewed and revised to state consistent lot
numbers for major vs. admin. review. For an initial exemption, right now
no more than 2 is a minor/admin; 4 is major? Where is 3? And on
amendments, 4 is admin; "more four" is major.
►� 4. Staff suggests better refine the "Amended Final Plat" process arid check
P\' cross-references. Does the County really need a Preliminary Plan" as a
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submittal requirement? (The original intent was to allow these requests to
be processed as administrative if they were not a "substantial change"? t
5. Need to define "Affected Property Owner" as itpertains to notice for � /� �' ``,,/
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appeals and call-ups;
6. Need to refine what's needed for a "combined Preliminary Plan / Final Pla \�
review such as Process & Submittal Materials. Also need a definition of �v
1 (_, 7. 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..
- 8. Exempt Federal land split from subdivision;
j9. Need to specifically set out a process for a "corrected" Final Plat in Article
V;
( 10. 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.
11.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?
12. 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?
13.Are all Water Reservoirs, regardless of size, subject to regulationnless
they are primarily Ag? The definition on 16-52 ends with a comma.
14.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
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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?
15. 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?`
16. Section 4-201 and probably every other section in article 4 and elsewhere
r' 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.
17. Section 6-301C3, page 6-12: Add a subsection c:
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c. Land subject to a Conservation Easement. If the land is subject
to a conservation easement, the applicant shall submit a letter
.-t 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.)
1t 18 Amend the definition of Conservation Easement on page 16-11, to
include: "A Conservation Easement is an interest in real property."
19. 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.
20. 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."
21.Article 13: Financial Guarantee: Please see the proposed amendments to
"this sections as attached as Exhibit C to this memorandum.
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22. 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 large
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.
23. Section 7-304(K) 1 thru 6 should be deleted in their entirety and replaced
,1) with: "accessible parking shall comply with the Counties adopted
construction Codes and the adopted or most recent Edition of CABO/ICC
ANSIA117.1"
24.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". —
�25. 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 II and Title III.
–26-.0-nce -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;
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27. 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?
28. 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
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position. The Director then has the administrative discretion to approve
that request.
29. 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, •• _ . ultiple uses approvcd as --a
/ Major Impact Review or Limited Impact Review. 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.
/IV. Temporary Employee Housing Regulations
.y,1. The citation to factory -built nonresidential structure should be 24-32-
3302(9) not 24-32-3302 a
2. Small/Minor/Major — Add language allowing water treatment (reuse) �"
systems to be utilized. Remove references to "stored" water;
013.
Update reference to ISDS regulations from -92[H:136-to 20011- , as
amended;
4. Small: Remove reference to "Applicant", change to "Temporary Employee
Housing Operator";
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 Section
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