HomeMy WebLinkAboutBOCC2010Exhibits for Public Hearing: 03/25/2009 Planning Commission
Exhibit
A
B
Gravel Extraction Regulations
C
Certificates for plats
Revised Article XIII: Financial Guarantee
D
E
F
Proof of Publication
Staff Memorandum
Unified Land Use Resolution of 2008
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EXHIBIT A
The following regulations have been added to Section 5.00 Supplementary Regulations:
5.17 Supplementary Gravel Extraction Regulations
5.17.01 Water Quantity & Quality Impacts / Floodplain Impacts
If a gravel pit is located within the floodplain there is a reasonable chance that it could
be flooded during its operational life. Equipment, machinery, fuel etc could become
pollutant sources in the case of a flood. In addition, if the pit is located near the floodway
of a river there is the possibility that in a flood a gravel pit could alter the natural course
of a river. This can have negative impacts on a river ecosystem and unknown impacts
on nearby landowners. Every Application for gravel extraction shall address the
following:
1. When the proposal is near a river or stream the Applicant is required to submit an
analysis by a professional engineer showing the boundaries of the floodplain and
the floodway in the area of the pit.
2. Provide a Stormwater Management Plan that demonstrates how the project will
not adversely affect surface or groundwater resources. Additionally, provide a
Sediment and Erosion Control plan that demonstrates what best management
practices will be used in the project.
3. In all cases, an application for a gravel mining operation shall include a Spill
Prevention Counter Measure and Control Plan (SPCC) that provides a program
that handles spills of hazardous materials as well as local contact information for
responsible personnel at the facility.
4. No application shall be accepted by the County without a letter from the
applicable fire protection district stating that the proposed project has been
adequately designed to handle the storage of flammable or explosive solids or
gases and that the methods comply with the national, state and local fire codes.
5. No materials or wastes shall be deposited upon a property in such form or
manner that they may be transferred off the property by any reasonably
foreseeable natural causes or forces.
6. Development in 100 year Floodplain: Floodways - located within areas of special
flood hazard established in Section 6.03.02, are areas designated as floodways.
Since the floodway is an extremely hazardous area due to the velocity of flood
waters which carry debris, potential projectiles and erosion potential, the
following provisions shall apply:
a) Encroachments are prohibited, including fill, new construction, substantial
improvements and other development within the adopted regulatory
floodway unless it has been demonstrated through hydrologic and
hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
or decrease in flood levels within the County during the occurrence of the
base flood discharge.
b) If Section 6.09.02 (1) (to be inserted when formatted) above is satisfied, all
new construction and substantial improvements shall comply with all
applicable flood hazard reduction provisions of Section 6.09.
c) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National
Flood Insurance Regulations, the County may permit encroachments
within the adopted regulatory floodway that would result in an increase in
base flood elevations, provided that the Applicant obtains a Letter of Map
Revision (LOMR) for a floodway revision through FEMA and that no
mining activity shall occur until FEMA has approved a Letter of Map
Revision (LOMR).
d) In all cases, there shall be no storage of fuel or hazardous materials
including concrete / asphalt batch plants within the floodway.
7. Standards for Areas of Shallow Flooding: Located within the areas of special
flood hazard established in 6.03.02 are areas designated as shallow flooding
also known as the flood-fringe. These areas have special flood hazards
associated with base flood depths of 1 to 3 feet where a clearly defined channel
does not exist and where the path of flooding is unpredictable and where velocity
flow may be evident. Such flooding is characterized by ponding or sheet flow;
therefore, the following provisions apply:
a) All new construction and substantial improvements of residential
structures have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as the depth number specified in
feet on the community's FIRM (at least two feet if no depth number is
specified).
b) All new construction and substantial improvements of non-residential
structures;
1. have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as the depth number
specified in feet on the community's FIRM (at least two feet if no
depth number is specified), or;
2. together with attendant utility and sanitary facilities be designed so
that below the base flood level the structure is watertight with walls
substantially impermeable to the passage of water and with
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structural components having the capability of resisting hydrostatic
and hydrodynamic Toads of effects of buoyancy.
c) A registered professional engineer shall submit a certification to the
County Floodplain Administrator that the standards of this Section, as
proposed in 6.08.02 (1) a., have been fully satisfied.
d) Require within Zones AH or AO adequate drainage paths around
structures on slopes, to guide flood waters around and away from
proposed structures.
8. The proposed operation will be located a sufficient distance from other mining
operations so as not to create cumulative impacts to the integrity of the water
course. The Board of Commissioners will determine sufficiency of distance.
9. In -stream mining is not permitted.
10.A11 applications shall provide a de -water / discharge plan that provides a detailed
graphic representation of how dewatering operations shall occur. This plan shall
demonstrate that the discharge will not exceed state standards for discharge into
a water course or wetland.
11. In all cases, the Application shall contain proof that the operation has adequate
legal and physical water for the proposed application.
5.17.02 Air Quality
Fugitive dust from disturbed areas is one of the primary causes of gravel pit air
pollution. The potential for soil erosion potential also increases proportionate to the
amount of disturbed area. Gravel Pits should make an active effort to reduce disturbed
area through phased reclamation, efficient operations, and landscaping. Disturbed
acreage can also provide a measure of visual impact when the operation is located on
valley floor and there are residences on nearby hillsides. Opacity not to exceed 20%.
1. All gravel operations in the County shall comply with applicable County, State,
and Federal regulations regulating air pollution and shall not be conducted in a
manner constituting a public nuisance or hazard.
2. Impacts on adjacent land from the generation of vapor, dust, smoke, or other
emanations. All applications shall demonstrate how they will meet County, State,
and Federal air pollution regulations. Any repair and maintenance activity
requiring the use of equipment that will generate odors beyond the property
boundaries will be conducted within a building at any time or outdoors during the
hours of 7:00 AM to 8:00 PM, Monday - Saturday.
3. The proposed operation will be located a sufficient distance from other mining
operations so as not to create cumulative impacts to air quality.
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4. No application shall be approved until the Applicant submits evidence that all
plants and processing equipment shall have current Colorado Department of
Public Health and the Environment (CDPHE) Air Pollution Permits and shall meet
current CDPHE emissions standards for air and water.
5.17.03 Noise / Vibration
All gravel extraction operations in the County shall comply with applicable County,
State, and Federal regulations regulating noise pollution and shall not be conducted in a
manner constituting a public nuisance or hazard. Volume of sound generated shall
comply with the standards set forth in the Colorado Revised Statutes at the time any
new application is made.
1. An Applicant shall submit a noise study
that demonstrates the proposed gravel
operation can meet the requirements in the
matrix below based on measuring the
sound levels of noise radiating from a
property line at a distance of 25 feet or
more beyond the subject property. (The
image to the right shows a dashed line at
25 feet beyond the subject property where
noise shall be measured.)
2. Note, the dB(A) threshold shown below
shall be that of the receiver and not that of the emitter. For example, while the
gravel operation would be considered an industrial operation, the dB(A) levels
shown below are measured according to the neighboring uses so that if a
residential use was located adjacent to the operation, sound levels could not
exceed 55 dB(A) from 7 AM to 7 PM and 50 dB(A) from 7 PM to 7 AM.
Zone
7 am to 7 pm
7 pm to 7 am
Residential
55 dB(A)
50 dB(A)
Commercial
60 dB(A)
55 dB(A)
Light Industrial
65 dB(A)
70 dB(A)
Industrial
80 dB(A)
75 dB(A)
3. Every use shall be so operated that the ground vibration inherently and
recurrently generated is not perceptible, without instruments, at any point of any
boundary line of the property on which the use is located.
5.17.04 Visual Impacts
All applications for gravel extraction shall address the following:
1. All gravel operations proposed to mine areas greater than 30 acres shall be
designed in multiple phases in order to minimize the visual impact of the gravel
pit primarily by logical "sequencing" and "overall layout" of the pit's design.
CCM. VORC.4.
Office / Parkin
Figure 11: Example of phased extraction from east to west in smaller
areas of disturbance.
2. Design of the proposed use including the storage of heavy equipment is
organized to minimize impact on adjacent uses of land through installation of
screen fences, berming, and/ or landscape materials on the periphery of the lot
and by location of intensively utilized areas, access points, lighting and signs in
such a manner as to protect established neighborhood character.
3. At the discretion of the County Commissioners, all outdoor storage facilities may
be required to be enclosed by fence, landscaping or wall adequate to conceal
such facilities from adjacent property.
4. New long-term (more than one year) mining operations will minimize visual
impacts along entryways to growth centers. Planning Commission and/or the
Board of County Commissioners will determine sufficiency of minimization.
5. All application shall include a "Berming, Screening, and Buffering Plan" to aid in
visual screening. Provisions in this plan shall be in place prior to commercial
mining. Prior to site disturbance, the Applicant shall obtain a grading permit from
Garfield County. The Applicant shall invite the Staff from the County Building and
Planning Department to the site to inspect that the installation occurred pursuant
to the plan presented to the Board of County Commissioners prior to the
commencement of any commercial activity and issuance of the SUP.
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6. All lighting shall be the minimum necessary, directed inward and downward
towards the property.
7. Unless otherwise determined by the Board of County Commissioners, mining
operations shall be allowed to progress so long as the previous pit has been
reclaimed within 6 months after the commencement of the new pit mining
operation. If the reclamation has not commenced in six months or have been
completed within eighteen (18) months, all mining operations on the property
shall stop until the reclamation / revegetation has occurred to the satisfaction of
the County. Completion, including but not limited to top -soiling, seeding,
mulching, sapling planting, and water filling of the lake, shall be determined by
the provisions contained within the reclamation plan approved by the Board of
County Commissioners.
5.17.05 Impacts to County Road System
1. All applications for a gravel extraction operation shall submit a traffic impact
study prepared by a professional traffic engineer that identifies projected volumes
of traffic through the life of the project, expected haul routes and any
improvements street improvements adequate to accommodate traffic volume
generated by the proposed use and to provide safe, convenient access to the
use. These improvements shall either be in place or shall be constructed in
conjunction with the proposed use.
2. Truck traffic will not access the mining operation through residential, or
commercial areas, or such traffic will be mitigated.
3. The Applicant shall submit evidence of insurance for a minimum of $1,000,000 to
cover any damages to public and private property, and Garfield County shall be
named as an additional insured.
4. Roads used to access the construction site from the mine will be upgraded to
withstand the additional traffic, and the permittee will prevent road damage and
mitigate dust, under the supervision of the Road and Bridge Director.
5. The Applicant shall obtain driveway access permit/s issued by Garfield County
Road & Bridge Department at specific locations to be approved by the Road and
ridge Department. These permits shall have conditions specific to the driveway/s.
This may include stop sign/s at entrance to County Road. The stop signs and
installation shall be as required in the MUTCD (Manual on Uniform Traffic Control
Devices). Paved or concrete apron/s shall also be required as specified by the
issued permit/s.
6. If road damage on a County Road becomes evident due to the traffic generated
from the gravel pit operation, the Road and Bridge Department shall require that
repair or replacement of the road surface as determined by Garfield County Road
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& Bridge Department become the responsibility of the owners or operators of the
gravel pit operation.
5.17.06 Impacts to Wildlife
1. The Applicant shall demonstrate the presence or absence of Threatened and
Endangered species as well as the presence or absence of critical habitats for
Threatened and Endangered species.
2. The Application shall contain a Wildlife Impact Analysis prepared by a
professional that identifies existing wildlife habitat and impacts on wildlife as a
result of the project which may include but be not limited to impacts to domestic
animals through the creation of hazardous attractions, alteration of existing native
vegetation, blockade of migration routes, use patterns or other disruptions.
5.17.07 Compatibility with Surrounding Land Uses
The following regulations shall apply to all gravel operations in the County:
1. No permit shall be approved unless sufficient distances separate such use from
abutting property which might otherwise be damaged by operations of the
proposed use(s).
2. The equipment storage area is not placed any closer than 300 ft. from any
existing residential dwelling.
3. Loading and unloading of vehicles shall be conducted on private property and
may not be conducted on any public right-of-way.
4. Any storage area for uses not associated with natural resources, shall not
exceed ten (10) acres in size.
5. Any lighting of storage area shall be pointed downward and inward to the
property center and shaded to prevent direct reflection on adjacent property.
6. Shall be compatible with surrounding agricultural, residential, and recreational
land uses by selection of location and/or mitigation.
7. The proposed operation will be located a sufficient distance from other mining
operations so as not to create non-mitigatable cumulative impacts to roads, air
and water quality, or other resources and amenities.
8. Unless otherwise determined by the Board of County Commissioners, The gravel
pit hours of operation will be 7:00 a.m. to 8:00 p.m. Monday through Saturday
with crushing, digging, and heavy hauling allowed from 7:00 am to 6:00 pm
allowing for administrative and maintenance activities to take place until 8:00
Wetland Shelf Design:
For areas not adjacent.
to existing wetlands
Cottonwood Saplings Planted
Or Existing Trees Avoided
tland Shelf
Original Pre-Milning Su
Approximate Lake Surface
Topsoil Replaced S' Wetland Fringe
to Depth or 1.0`
Stomps and Roots
Placed in Piles
the Lakc Bottom
for Fish Habitat
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p.m. No operations except emergency maintenance to ensure the integrity of
operating equipment shall take place on Sunday.
5.17.08 Reclamation / Enforcement
Reclamation shall be done to create an aesthetically pleasing site or reclaimed area that
will blend with or improve upon the surrounding areas. All applications shall submit a
Reclamation Plan that specifically addresses the following aspects of reclamation:
slopes, vegetation, lake / pond shape & character, wildlife habitat / agriculture, phasing
and berms. Additionally, The State of Colorado Division of Reclamation, Mining and
Safety has minimum standards for reclamation. For example, reclaimed slopes are
typically required to be 3:1 or shallower. This standard creates stable slopes but does
not necessarily result in a landscape that blends with the surroundings. The same is
true for other aspects of reclamation. All Reclamation plans shall follow the following
design criteria:
1. Slopes
a) Wetland Criteria: Varied slopes predominantly 5:1 or shallower, at least
80% 5:1, and 25% 10:1 or shallower in wetland zone.
b) Dryland Criteria: Varied slopes predominantly 5:1 or shallower, seamlessly
blends with surrounding landscape.
Figure ill: Example of slope diagram.
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2. Vegetation
a) Wetland Criteria: Variation in revegetation, revegetation to include planting
of trees and/or shrubs, if seedlings or sprouts plantings occur as part of
phased reclamation and not just at the end of the mine life. Established
trees or shrubs in final reclamation phase are at least 8' tall or 2" caliper
trees or 5 gallon shrub containers. Active irrigation shall be employed in
revegetation areas during the life of the mine or until revegetation is self-
sustaining.
b) Dryland Criteria: Variation in revegetation, revegetation to include planting
of trees and/or shrubs, if seedlings or sprouts plantings occur as part of
phased reclamation and not just at the end of the mine life. Established
trees or shrubs in final reclamation phase are at least 8' tall or 2" caliper
trees or 5 gallon shrub containers. Active irrigation in revegetation areas
during the life of the mine or until revegetation is self-sustaining.
3. Lake / Pond Shape and Character: Reclamation with multiple ponds or lakes with
substantial islands or peninsula (at least 20% of total surface) to break up
surface, undulation of shorelines provides natural appearance.
4. To the extent permitted by law, unless all disturbance created by the mining
operation is covered by a reclamation bond under jurisdiction of the Colorado
Division of Reclamation, Mining and Safety, or by the federal government on
federally owned lands, a bond or other acceptable financial performance
guarantee shall be submitted in favor of Garfield County in an amount of at least
150 percent of the cost of restoration of the site and access roads. The required
amount of such financial performance guarantees may be increased at the
discretion of the Board of County Commissioners to account for inflation. A bid
for site restoration acceptable to the permittee and Garfield County shall be
submitted to the Planning Department as evidence of the cost of reclamation for
bond setting purposes.
5. To the extent permitted by law, the Board of County Commissioners may require
a financial performance guarantee in addition to that required by the Colorado
Division of Reclamation, Mining and Safety to insure that certain conditions of a
permit will be complied with. The required amount of such financial performance
guarantees may be increased at the discretion of the Board of County
Commissioners to account for inflation. The County will not require financial
guarantees that are duplicative of that required by the DRMS.
6. The operator will submit an annual report to the County Building and Planning
Department with GPS measurements shown on a map showing the current
disturbance, what areas have been backfilled, where topsoil stockpiles are
located, all site structures, what areas have been seeded, mulched and what is
planned for the ensuing 12 months.
7. The County commits to notifying the Operator of any compliance concern and
allows an inspection with site personnel and the designated County inspector
prior to contacting any agency.
8. The County can request a site inspection with one day's notice to the Operator.
Full access to any part of the site will be granted. On request, ail paperwork must
be shown. The County cannot request a large number of inspections that would
interfere with normal operation without cause.
9. A full list of all other permits shall be provided to the County. Any person at any
time can call the following agencies directly and request an inspection if they
believe a condition of that agencies permit is being violated.
a. CDPHE Air Quality Control 303-692-3150
b. CDPHE Water Quality Control 303-692-3500
c. US Army Corps of Engineers 970-243-1199
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d. Division of Reclamation, Mining and Safety 303-866-3567
e. CDOT Grand Junction office 970-248-7000
10. The County will be invited to any bond release inspection of the State Division of
Reclamation, Mining and Safety. The County inspector will have the opportunity
to demonstrate that any item of the permit has not been complied with and that
bond should not be released.
11. The Operator acknowledges that the County has performance standards in place
that could lead to revocation of the Special Use Permit if continued violations of
the permit occur over a period of time.
12. The County shall not issue a Special Use Permit until all required local, state,
and federal permits have been obtained and submitted to Garfield County
including but not limited to the municipal Watershed Permit, CDPHE, USACE,
NPDES, Division of Water Resources (approved well permits and plan for
augmentation), etc.
13. The reclamation plan approved by Garfield County in the Special Use Permit
shall be resubmitted to the DRMS to become the only reclamation plan (tasks /
timetables) used by both the County and DRMS. Additionally, a bond shall need
to be calculated to cover this plan and secured with DRMS to cover its
implementation.
14. The applicant shall provide locations of county listed noxious weeds on a map.
Once the inventory is provided the applicant shall develop a weed management
plan that addresses all county listed noxious weeds found on site. This weed
management plan shall be submitted to the County Vegetation Manager for
approval prior to the issuance of a SUP.
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GARFIELD COUNTY UNIFIED LAND USE RESOLUTION 13 1 SEPTEMBER, -200
ARTICLE XIII
FINANCIAL GUARANTEE
TABLE OF CONTENTS
Section 13-101 Financial Guarantee and Improvements Agreement
Required 13-1
A. Completion of Project and Reclamation of the Property 13-1
B. Conditions of Permit Fulfilled 13-1
C. Applicant Addresses Responsibility for Impacts to
Public Facilities and Services 13-1
D. Funds are Available to the County to Complete Project
If Necessary 13--1
Section 13-102 Amount of Financial Guarantee 13-1
A. Completion of Project and Reclamation of Property 13-1
B. Conditions of Permit 13-2
C. Estimated Cost 13-2
Section 13-103 Form of Financial Guarantee 13-2
Section 13-104 Release of Guarantee 13-2
Section 13-105 Cancellation of the Financial Guarantee 13-2
Section 13-106 Forfeiture of Financial Guarantee 13-3
A. Notice and Response 13-3
B. Public Hearing and Action by the Board 13-4
C. Default and Use of Financial Guarantee 13-4
D. Inadequate Revenue and Cost Recovery 13-4
Section 13-107 Substitute of Surety 13-5
ARTICLE XIII FINANCIAL GUARANTEE GARFIELD COUNTY UNIFIED LAND USE RESOLUTION
13-1 SEPTEMBER, 2008
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ARTICLE XIII FINANCIAL GUARANTEE
DIVISION 1 GENERAL
Section 13-101 Financial Guarantee and Improvements Agreement Required.
Before any Land Use Change Permit is approved for land use subject to PUD,
Subdivision, Conservation Subdivision, Rural Land Use Exemption, or Major
Exemption - _ e • - -. - e • _ - : _ . e - provisions of this Code, the Board of County
Commissioners shall require the applicant to file a guarantee of financial security
deemed adequate by the Board and payable to the County, and to execute an
Improvements Agreement regarding the conditions and improvements identified as
requirements of project approval. For Land Use Change Permits other than those
referenced above, a guarantee of financial security and an Improvements
Agreement shall be required when appropriate. The purpose of the financial
guarantee and Improvements Agreement is to ensure one or more of the following.:
A. Completion of Project and Reclamation of the Property. The Project is
completed, and, if applicabie,including reclamation --of the property to return the
property tois properly reclaimed to pre-cxicting development conditions and,
including removal ofe structures to one foot below ground level.
B. Conditions of Permit Fulfilled. The applicant performs all improvements,
mitigation requirements and permit conditions in connection with the construction,
operation and termination of the Project.
C. Applicant Addresses Responsibility for Impacts to Public Facilities and
Services. The applicant addresses responsibility for increased demand on public
facilities and services as a result of the construction, operation and termination of the
Project.
D. Funds are Available to the County to Complete Project, If Necessary. In the
event that the Project is suspended, curtailed or abandoned, the County can
complete the Project and necessary improvements, or restore the property to its
original condition or an acceptable condition at no additional cost to the County.
Section 13-102 Amount of Financial Guarantee. In determining the amount of the
financial guarantee, the Board shall consider the following factors.
A. Completion of Project and Reclamation of Property. The estimated cost of
completing the Project or returning property to its original condition or to a condition
acceptable to the County, as applicable.
ARTICLE XIII FINANCIAL GUARANTEE 13-102 Amount of Financial Guarantee GARFIELD
COUNTY UNIFIED LAND USE RESOLUTION 13-2 SEPTEMBER, 2008
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B. Conditions of Permit. The estimated cost of performing all mitigation
requirements and permit conditions in connection with the construction, operation,
and termination of the project.
C. Estimated Cost. The Board may require that the amount of financial security be
adjusted based upon bids received for construction of the Project in compliance with
permit conditions. The estimated cost shall be based on the applicant's engineer's
cost estimate and the following considerations:
1. The estimated cost for the County to bring in personnel and equipment to
complete any unperformed purpose of the financial guarantee;
2. Contingency costs-, including but not limited to the estimated cost of providing all
public services and facilities necessitated by the propsed activity for two years after
cessation of operations or until all costs are fully paid.
3. Consultant fees, including engineering and legal fees.
4. The duration of Pproject construction or activity and a reasonable projection of
increased Pproject cost due to inflation, if appropriate.
Section 13-103 Form of Financial Guarantee. The financial guarantee may be in
1 any form acceptable to the Board and-, when applicable, shall be set forth in an
Improvements Agreement executed by the County and the Applicant.
1
Section 13-104 Release of Guarantee. The financial guarantee may be released
under any one of the following conditions.
A. The permit has been surrendered to the Board before commencement of any
physical activity on the Project site; or
B. The Project has been abandoned and the site has been returned to its original
condition or to a condition acceptable to the County; or
C. The Project has been satisfactorily completed; or
D. A phase or phases of the Project have been satisfactorily completed allowing for
partial release of the financial guarantee consistent with project phasing and as
agreed to in the Improvements Agreement; or
E. The applicable guaranteed conditions have been satisfied.
Section 13-105 Cancellation of the Financial Guarantee. A financial guarantee
may be canceled only upon written consent by the Board. The Board
ARTICLE XIII FINANCIAL GUARANTEE 13-105 Cancellation of Financial Guarantee GARFIELD
COUNTY UNIFIED LAND USE RESOLUTION 13-3 SEPTEMBER, 2008
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may grant a request to cancel all or a portion a financial guarantee if canceling the
guarantee will not detract from the purposes of the security.
Section 13-106 Forfeiture of Financial Guarantee.
A. Notice and Response. If the Board determines that a financial guarantee should
be forfeited because of any violation of the permit or breach of the Improvements
Agreement, the Board shall provide written notice to the surety Surety and to the
permit holder.
1. Notice Requirements.
a. The County shall send by certified mail, return receipt requested, a written notice
of forfeiture of financial guarantee to the Ssurety and to the permit holder.
(1) Notices shall be mailed to the last known address of the applicant and of the
Ssurety.
b. The notice shall contain the following information.
(1) The reason for forfeiture of the financial guarantee, specifying each permit
violation with references to the section or sections of the Codethe specific permit
conditions and/or sections of the Improvements Agreement violated.
(2) The permit holder's right to respond by request for a public hearing by the Board,
and notice of automatic forfeiture if the permit holder does not respond.
(3) The deadline for response by the permit holder.
2. Response. The permit holder may request a hearing by the Board, by written
request to the Director within thirty (30) calendar days of receipt of the notice of
forfeiture of financial guarantee.
a. If the permit holder submits a timely request for hearing by the E3oard, the Director
shall schedule a public hearing within forty-five (45) calendar days of receipt of the
permit holder's request for hearing by the Board.
ARTICLE XIII FINANCIAL GUARANTEE 13-106 Forfeiture of Financial Guarantee GARFIELD
COUNTY UNIFIED LAND USE RESOLUTION 13-4 SEPTEMBER, 2008
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b. If the permit holder does not submit a timely request for hearing by the Board, the
Board shall order the financial guarantee forfeited.
B. Public Hearing and Action by the Board.
1. Notification of Hearing. At least thirty (30) calendar days prior to the date of the
scheduled public hearing before the Board of County Commissioners, the permit
holder shall have published a notice of public hearing in a newspaper of general
circulation in the Project area.
end by certified
ig to the owners of
record of all adjacent property within 200 ft. radius. The notice chi vicin•i-ty
- c date, time and
icial guarantee. 2
3. Action by Board of County Commissioners. The Board of County
Commissioners shall conduct a public hearing pursuant to Article IV, Section 4-103
G, Conduct of Public Hearing. The permit holder may present statements,
documents, and other information for consideration by the Board with respect to the
alleged violation(s) and forfeiture of financial guarantee.
a. Decision by Board. The Board shall either withdraw the notice of forfeiture or
enter an order for forfeiture of the financial guarantee and authori2:ation of actions
necessary to utilize the guarantee.,
C.
uarantee.-
C. Default and Use of Financial Guarantee. The financial guarantee may be used
by the Board in the event of default or allowed default of the permit holder, for the
purposes of recovering on the surety or fulfilling the permit obligation of the permit
holder.
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and ff he
D. Inadequate Revenue and Cost Recovery. If the forfeiture results in inadequate
revenue to cover the costs of accomplishing the purposes of the
ARTICLE XIII FINANCIAL GUARANTEE 13-106 Forfeiture of Financial Guarantee
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION 13-5 SEPTEMBER, 2008
•
financial guarantee, the County's attorney shall take such steps as deemed proper to
recover such costs where recovery is deemed possible.
Section 13-107 Substitute of Su Financial Guarantee. If the license to do business in
Colorado of any Ssurety upon a security filed pursuant to this regulation is suspended or
revoked by any state authority, then the applicant shall within sixty (60) days after receiving
notice thereof, substitute a good and sufficient Ssurety licensed to do business in Colorado.
Upon failure of the permit holder to make substitution within the time allowed, the Board
shall suspend the permit until proper substitution has been made.
NOTE: add the following definition of Surety to Art XVI:
Surety: one who undertakes to pay money or to do any other act in the event that the
principal fails to pay or perform.
ALSO delete Division 7 of Article XIV in its entirety.
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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
Date: March 25, 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.
I. 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. Should the County include "Professional Office" in the RL — GSLVF zone
district as it is Limited Use in the Plateau?
• •
4. Electrical Substation is in Table 3 — 502. Did we mean to eliminate it from
Table 3-501?
5. We still need to delete "Guest House" from the Use Tables and Definitions
in the new code altogether.
6. 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.
7. The New Code eliminated "Dwelling - single unit" from the commercial
zone districts. Did we mean to do that? Staff suggests that they should be
eliminated to foster the higher and better commercial uses to occur. (Note,
two-family and multi -family are allowed to encourage mixed use projects.)
8. "Industrial Use or Activity" on page 16-24 in definitions should have a
cross reference to the Standards required in Article 7.
9. Table 3-502 indicates that Storage of Materials in a Building in the RL -
Gentle Slopes is a major impact review and it is a limited impact review on
the Plateau. One set of my notes from the BOCC workshops indicated
that this use was limited impact review in both zone districts, so I wanted
to check to see if this might be another error.
10. "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.
2
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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.
11. Ski Lifts & Trails are included in Table 3 — 502 and need to be placed in
Table 3 — 501;
12. Need to amend the definition of "Development Process" in the following
manner:
rezoning, preliminary plan, planned unit development, or limited or
major impact review. Further, demonstration of an adequate water
4-044
The process that Garfield County requires all property owners to follow
in order to obtain land use change permits. These processes are more
fully described in Articles IV and V of this Resolution.
13. 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;
14.On page 3-33, Staff suggests amended "Access Routes" in Table 3-501 to
also include "unless reviewed as part of a Limited Review";
15.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
16. Should Electrical Transmission / Distribution Lines be a use -by -right in all
of the RL subzones?
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17. There are a number of symbols in Tables 3-501 and 3-502 that have
strike-throughs. They should be deleted.
II. Old Code vs. New Code Issues:
1. Presently, there is no specific direction for allowing amendments to old
code permits (CUP / SUP, etc.) We suggest adding language allowing old
SUP / CUPs to be "amended" using the land use permit amendment
process in new code so long as all applicable standards can still be met in
the new code. Staff suggests the following language be added to a new
section in Article II:
Section 2-107 Amendments to Approvals of Land Use Permits granted
under Regulations adopted prior to October 13, 2008
Amendments may be made to Conditional Use Permits and Special
Use Permits approved by the Board of County Commissioners under
the Zoning Resolution of 1978, as amended (the old code). An
amendment request shall be required to demonstrate that the
amendment does not result in a Substantial Change as defined in
Article XVI. Should the Director determine that the requested change
results in a Substantial Change, the Applicant shall submit a new Land
Use Change permit application under the Unified Land Use Resolution
of 2008, as amended?
2. Add "revoking" authority and process for Land Use Change Permits and
rezonings / PUDs;
3. Vested Rights: Under the old code, Section 14:00 in the Subdivision
Regulations dictates how vested rights are to be established. The new
Code indicates that vested rights are automatically established upon
approval of a site specific development plan which directly conflicts with
state law. Staff suggests to clear this up by amending the following:
Section 1-202 Establishment of Vested Property Rights.
A. General. Pursuant to this Land Use Code, a vested property right shall may
be deemed established for a period of three (3) years with the approval of a Site
Specific Development Plan as defined in Section 1-2028 of this Article. When a
Site Specific Development Plan is approved ' - _ _ - e - . - - - e - - - •• ' , the
vested right permit shall confer upon the landowner the right to undertake and
complete the development and use of the property under the terms and
conditions of the Site Specific Development Plan. If the term of approval for the
Site Specific Development Plan is approved for more than three (3) years
pursuant to these Regulations, the term of vested property rights is may be
4
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extended to conform with the extended approval term pursuant to a Development
Agreement as provided in Section 1-202(C).
B. Site Specific Development Plan. For the purposes of this Section, Site
Specific Development Plan shall only mean:
1.
A Final Plat for Subdivision, Rural Land Development Exemption
Plat, Subdivision Exemption Plat, or the filing of a Final PUD Plan
after the signing and recording of the first Final Plat required
pursuant to the PUD approval or in the case of the PUD subject to
no further subdivision requirements, physical installation of all
required improvements consistent with the approved PUD plan.
C. Development Agreements. The Board of County Commissioners may enter
into a development agreement with the landowner for a vesting period longer
than three years for the extension of vested property rights where, in the
discretion of the Board, an extension is warranted due to all relevant
circumstances including but not limited to project size, phasing of the
development, .. _ .: • : - _ - ": • e
rights for economic cycles and/or market conditions.
-
D. Approval and Effective Date. A Site Specific Development Plan vested
property right shall be deemed approved upon the effective date of the Board of
County Commissioners' approval action, following notice and public hearing
conducted in accordance with these Regulations CRS 24-68-101, et. seq. The
Board's approval of a Site Specific Development Plan may include such terms
and conditions as may be reasonably necessary to protect the public health,
safety and general welfare. The -approval „Mall result in a vested property right.
although Failure to abide by such terms and conditions will result in forfeiture of
the vested property right.
Staff suggests, to be consistent with state law, the following should be added:
Notice of Approval. Each site specific development plan shall contain the
following language: "Approval of this plan shall create a vested property right
pursuant to article 68 of title 24, C.R.S., as amended." Failure to include the
foregoing statement in a request for approval shall invalidate the creation of
the vested property right. In addition, a notice describing generally the type
and intensity of use approved, the specific parcel or parcels of property
affected and stating that a vested property right has been created shall be
published once, not more than 14 days after approval of the site specific
development plan, in a newspaper of general circulation within the County.
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III. General Amendments
1. Add all "Certificates" for different types of Plats in Article V, Section 5 so
that an applicant knows what certificates are necessary on each different
type of plat the County requires. (See page 5-28)
2. 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.
3. Staff proposes to add the recently approved "Gravel Regulations" (AKA
Section 5.17 in the Old Code) to the new code in the Standards Article as
they were inadvertently left out. These are attached (as codified in the old
code as exhibit A).
4. The new code allows the "further subdivision of subdivided lots" in Garfield
County. Does the County want to do this?
5. Section 4-301 [Appeal of an Administrative Interpretation of These
Regulations] needs to be amended such that Section 4-302(6)(1)
[Application] needs to refer to Section 4-501(B). Further, that section on
page 4-48 needs to be amended in the following way:
B. Appeal of an Administrative Interpretation of These
Regulations. The process for Appeal of an Administrative
Interpretation of These Regulations is set forth in Section 4 402 4-
302, Appeal of an Administrative Interpretation of Regulations and
requires the following materials.
1. Application Form and Fees
2. Statement of Appeal (4 602 G 4-502(G))
6. Section 4-302(6)(4) should be amended in the following way as there are
not any "criteria" in the new code for this action:
4. Evaluation by Director/Staff Review. Upon determination of
completeness, the Director shall review the application for
These Regulations. A a staff report shall be prepared pursuant to
Section 4-103 E.
7. 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
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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.
8. Need to generally correct the outlines of all the Articles so they match
actual page numbers in the new code;
9. Move the "Use Restrictions" from Article III (p. 3-14) into Article VII:
"Standards";
10. In Section 7-108: There are no "new road/bridge standards". Staff
suggests putting in a reference to the "Roadway Standards" found in
Section 7-307(A)(2) on page 7-48;
11. Need to adjust Article VII: Standards: Specifically, Page 7-11 and 7-12
"Road Standards" need to use the road standards not just for internal
subdivision roads. Staff suggests using them for all Land Use Change
Permits. In doing so, we suggest repealing the old 1978 "road standards"
as well.
12. Variances on page 4-34: 5. Evaluation by Director/Staff Review. Upon
determination of completeness, the Director shall review the application
for compliance with the approval standards set forth in (add in the
reference to Section 4-301 C), Standards for Approval of Variance
Requests. A staff report shall be prepared pursuant to Section 4-103 E.
13. Staff suggests better refine the "Amended Final Plat" process and check
cross-references. 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"?
14. Need to define "Affected Property Owner" as it pertains to notice for
appeals and call-ups;
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."
16. Floodplain permits should be sought through the administrative process
with only a call-up provision to the BOCC. (Presently, it is required to go to
BOCC for approval in Section 4-203)
7
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17. There is not a definition of Floor Area Ratio. Staff suggests the following
definition:
FLOOR AREA RATIO means the floor area of the building or
buildings on a lot divided by the total lot area.
18. 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.
19. Exempt Federal land split from subdivision;
20. Sections 9 - 105(B) and (C) are duplicitous.
21. Need to specifically set out a process for a "corrected" Final Plat in Article
V;
22.Add in the newly adopted "Gravel Extraction Regulations" from the old
code into Article VII: Standards which are attached to this memorandum
as Exhibit A:
23.Add in Open Space percentages from Old Code in Section 4.01.01 to
better define what the 25% can be as it relates to any "required" open
space:
Common Open Space: A parcel or parcels of land, or a
combination of land and water within the site designated for a
Planned Unit Development, designed and intended primarily for the
use or enjoyment of residents, occupants and owners of the
Planned Unit Development. Categories of open space are defined
as follows:
(1) Useable open space: Any land retained in an open manner
having average slope of 25%or less across the entire parcel, or is
an existing or proposed agricultural area;
(2) Recreational open space: Any open space land to be
developed into an area or areas for organized or unorganized
recreational activities, examples would include, but are not limited
to: soccer/football playing fields, parks, baseball/softball diamonds,
or similar uses;
(3) Commercial open space: Any open space land that would be
developed into an area or areas of land, for which a fee would be
charged for use. Examples would include, but not limited to: golf
courses, water ski lakes, horse riding facilities, or similar uses;
8
(4) Limited use open space: Any land to be retained as open
space that has an average slope greater than 25%.
24. 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.
25. Section 1-108(C): Does this mean that weekends and holidays are always
counted in computation of time unless it is the last day? So a period of
days means calendar days? It might be good to say: "Days are computed
as calendar days unless otherwise specified in this Code. When working
days are specified, it means calendar days excluding weekends and
County legal holidays." For example, section 12-107(A)(2) talks about both
working days and calendar days.
26. 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?
27. 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?
28.Are there any requirements for a sewage treatment facility or do we simply
defer to state regs? Definition of STF on 16-40 has a typo in the capacity
# - "two" not "tow";
29.Are all Water Reservoirs, regardless of size, subject to regulation unless
they are primarily Ag? The definition on 16-52 ends with a comma.
30.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?
9
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31. Section 3-306(A)(4): RV's cannot be used in RV parks for listed purposes
for more than 180 days per year. The original intent was to delete any time
frames because they are impossible to enforce. Do we need to "exempt"
construction trailers here as well?
32. 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?
33. 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.
34. Section 6-301C3, page 6-12: Add a subsection c:
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.)
35.Amend the definition of Conservation Easement on page 16-11, to
include: "A Conservation Easement is an interest in real property."
36. 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.
37. 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."
10
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38. Section 6-202(G) on page 6-8: Staff suggests clarifying that PUD
Amendments that have been determined to not to be substantial
modifications should be administratively processed rather than send them
to the BOCC in a public hearing. In this way, Staff suggests Section 6-
202(G)(1)(a) should read:
a. No Substantial Modification. If the Director determines that
the change does not constitute a substantial modification to
the approved PUD, the Director shall determine the
applicable submittal materials and shall process the request
pursuant to the Administrative Review Process in Section 4-
104.
39.Add a Length Limit for Dead -End Streets: Section 7-307-A-7 of the Road
Standards addresses dead-end streets but does not limit their length. The
600' maximum for dead-end roads is pretty much the norm for
municipal/county road standards and should be added to this section as
Section 7-307(A)(7)(b) and (c):
b. Dead-end Streets may be permitted provided they are not
more than six hundred feet (600') in length and have a
turnaround radius of not less than forty-five feet (45') from
the center of the cul-de-sac to radius edge and fifty foot (50)
right-of-way for residential development and not less than
seventy-five foot (75) right-of-way for commercial/industrial
development where tractor trailer trucks will enter the
property or by providing a T-shaped turnaround with a
minimum turning radius of fifty feet (50') for residential
development and seventy-five feet (75) for
commercial/industrial development where tractor trailer
trucks will enter the property. The Board may approve
longer cul-de-sacs for topographical reasons and it can be
proved that fire protection and emergency egress and
access is provided as a part of the longer design; and
c. Dead end streets shall be discouraged, except in cases
where the dead end is meant to be temporary with the intent
to extend or connect the right-of-way in the future. If a dead
end street is approved, room for plowed snow storage shall
be included by providing a T-shaped turnaround with a
minimum turning radius of fifty feet (50) for residential
development and seventy-five feet (75) for
commercial/industrial development where tractor trailer
trucks will enter the property. A dead end street being
different from a cul-de-sac in that a dead end street has no
permanent turnaround at the end of the street.
11
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40. Article 13: Financial Guarantee: Please see the proposed amendments to
this sections as attached as Exhibit C to this memorandum.
41. 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.
42. 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"
43. 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".
44. 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.
45.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;
46.The PUD section contemplates the normal PUD processing but also
contemplates a "Final PUD" action which may not be necessary. Staff
suggests amending this Section to just have a two-step process called the
PUD process and not segregate a "preliminary" and a "final" PUD process.
Staff suggests the PUD Section read as follows:
DIVISION 2 PLANNED UNIT DEVELOPMENT REVIEW PROCESS
Section 6-201 Outline of Procedure. The PUD Review Process shall consist of
the following procedures.
12
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B. Rezoning Request
E. Final PUD Plan Review
A. Pre -application Conference. A Pre -Application Conference shall be held in
accordance with the provisions of Section 4-103 A, Pre -Application Conference
of Article IV.
1. Concept Narrative. The applicant shall present a Concept Narrative of
the proposed PUD in sufficient detail to accurately convey the
general concept of the proposal. Detail shall include:
(1) a. Concept Description. Location of property; existing zoning,
use and density; proposed zoning, use, densities and lot
sizes; existing zoning and use of surrounding property,
including densities; existing and proposed access; existing
and proposed source of water; existing and proposed
wastewater treatment system; phasing if entire project is not
being done at one time; unique features on the site which
might enhance the site and proposed use; a discussion of
the anticipated impacts and proposed mitigation.
(2) b. Additional Information Required. At the request of the
Director, the applicant shall provide any reasonable
additional conceptual information as needed to help clarify
the proposal being made.
B. Rezoning. The process for Rezoning is set forth in Section 4-201, of Article
IV, Application and Review Procedures.
C. Subdivision Review (if division of land is proposed within PUD). The
process for subdivision review is set forth in Section 5-406 of Article V, Divisions
of Land. Where a Preliminary Plan application is included with a PUD application,
the subdivision regulations requirements will supersede the PUD requirements
where the same information or more detailed information is required as part of a
subdivision application.
D. Preliminary -PUD Plan Review. The following procedures shall apply to the
Preliminary PUD Plan Review.
1. Application. The application materials required for Preliminary PUD
Plan Review are set forth in Section 6 202 D. Section 6 - 301.
13
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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
of Article /V, Application and Review Procedures.
3. Schedule Public Hearing. Upon a determination of completeness, the
Director shall schedule the Preliminary PUD Plan for consideration
by the Planning Commission.
a. Public hearing by the Planning Commission shall be held within
sixty (60) calendar days of the date of determination of
completeness.
b. Public notice of the hearing shall be made pursuant to Section 4-
103(F).
and Review Procedures.
_ • e _ 1
4. Evaluation by Director/Staff Review. Upon determination of
completeness, the Director shall review the application for
compliance with the applicable standards set forth in Section 6-203,
PUD Approval Standards, and prepare a staff report pursuant to
Section 4-103(E) of Article IV.
a. Review by Referral Agencies. The Director's evaluation of the
application shall include comment by referral agencies
received under Section 4-103(D). , Review by Referral
Agency of Article /V, Application and Review Procedures.
5. Review and Recommendation by the Planning Commission. An
application for Preliminary a PUD Plan 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 of Article IV, Application and Review Procedures.
a. Recommendation by Planning Commission. The Planning
Commission shall recommend approval, approval with
conditions or denial of the application based upon
compliance with the standards set forth in Section 6-203. ,
PUD Approval Standards.
(1) Recommendation of Approval. If the application satisfies all
of the applicable standards, the Planning Commission shall
recommend that the application be approved. The Planning
Commission may recommend approval with conditions
determined necessary for compliance with applicable
standards.
14
1 •
(2) Recommendation of Denial. If the application fails to
satisfy all of the applicable standards the Planning
Commission shall recommend that the application be
denied.
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-five (45) calendar days of the date of the
Planning Commission recommendation.
b. Public notice of the hearing shall be made pursuant to Section 4-
103(F).
and Review Procedures.
•
• 0 e I
ts
7. Review and Action by the Board of County Commissioners. The
final decision to approve, approve with conditions or deny an
application for Preliminary a PUD Plan shall be made by the Board
of County Commissioners at a public hearing.
a. Decision by Board.
The Board of County Commissioners shall approve, approve
with conditions or deny the application based upon
compliance with the standards set forth in Section 6-203 as
well as any other applicable requirements of this Resolution.
Jet
(1) Approval of Application. If the application satisfies all of
the applicable standards, the application shall be
approved. The Board may approve the application
with conditions determined necessary for compliance
with applicable standards.
(2) Denial of Application. If the application fails to satisfy
any one of the applicable standards, the application
shall be denied.
E. Final PUD Plan Revicw. The following review procedures shall apply to Final
PUD Plan Review
15
Board of County Commissioners.
e -. -- :e- - - --•
-
e --
held within forty five (45) calendar days of the date of
determination of completeness.
Review Procedures.
4. Evaluation by Director/Staff Review. Upon determination of
completeness, the Director shall review the application for
Section 4 103 E of Article IV.
a. Dccision by Board. Following a public hearing conducted
!- --'e-- e '-- -
Board of County Commissioners shall approve, approve with
Standards.
shall be denied.
8. Revisions to Zoning District Maps. Approval of a PUD Final Plan
shall be recorded on the Official Zoning Maps filed in the Planning
16
Department as soon as practicable after the PUD becomes
effective.
9. Expiration of Approval. Unless otherwise stated in action by the Board
of County Commissioners, the Board's decision to approve or
conditionally approve the PUD plan shall be effective for a period of
one year. The applicant may request an extension of one year.
10. Extension of Approval. A request for extension of approval shall be
considered by the Board of County Commissioners at a regularly
scheduled public meeting.
a. The request for extension shall include the following information.
(1) The reasons for the applicant's inability to comply with
the specified deadlines.
(2) Changes in the character of the neighborhood or
changes in the Land Use Code or Comprehensive
Plan which have occurred since approval of the
preliminary plan, and the effect of such changes on
the proposed development.
b. The Board may grant an extension based upon the following
criteria. (1) The applicant has applied for an extension prior
to the date of expiration of approval.
(2) There has been no change or proposed change in the
Code, the Comprehensive Plan, or the surrounding
neighborhood which would substantially affect the
proposed development.
E. Recordation.
1. Completion of Conditions of Approval. The applicant must complete
all conditions of Final the PUD Plan approval prior to recording the
Final PUD Plan and associated documents.
2. Approval of PUD Development Guide. The Final PUD Plan may not
be filed for recording until the Board has approved a PUD
Development Guide.
3. Effective Upon Recording. The Final PUD Plan does not become
effective until it is properly filed for recording with the County Clerk
and Recorder.
4. Public Sale of Lots. A PUD becomes complete and eligible for public
sale of lots and development only after the Final PUD Plan and
associated documents are recorded.
17
• •
47. Section 8 — 102 needs to say "Areas 1 through 5..." rather than "Areas
through 5";
48. 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?
49. 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.
50.Amend the last three lines of #5 in the definitions on page 16-14 to read
as follows:
5. Dwelling, single -unit detached means a single -unit dwelling at
least 20 ft. wide and 20 ft. long, and meets the local building
code requirements for wind speed of 80 mph and/or 15 lb. wind
load; anchoring requirements in accordance with in accordance
with installation standards based on the minimum basic wind
speeds in miles per hour specified in the International
Residential Code; and meets or exceeds the snowload
requirements adopted by Garfield County, which is not attached
51.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, •• .. _ _ : - •• . . - - .:::. - : .
Major Impact Review or Limited Impact Review. A non -
18
• •
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.
52.Add the "Road Vacation" action and process to the New Code which is
attached as Exhibit B to this Memorandum;
53. Notice provisions for Text Amendments to the New Code and existing
PUDs should require publication only and not be required to post and mail.
(Correct page 4 – 6: Section 4 – 103(F)). Staff suggests the following:
F. Notice of Public Hearing. Certain land use change applications will
require a public hearing. Unless otherwise provided by these
Regulations, when a public hearing is required the following public
notice shall be required.
1. Notice by Publication. At least thirty (30) and not more than
sixty (60) calendar days prior to the date of a scheduled
public hearing before the Planning Commission, and at least
thirty (30) and not more than sixty (60) calendar days prior to
the date of a scheduled public hearing before the Board of
County Commissioners, the applicant shall have published a
notice of public hearing in a newspaper of general circulation
in the area that the proposed land use change is located.
Publication of said notice shall follow a form prescribed by
the County.
2. Notice to Adjacent Property Owners. Except for text
amendments to the provisions of this Resolution and existing
Planned Unit Developments, at least thirty (30) and not more
than sixty (60) calendar days prior to the date of a scheduled
public hearing, the applicant shall send by certified mail or by
a nationally recognized overnight courier, return receipt
requested, a written notice of the public hearing to the
owners of record, as shown in the office of the County Clerk
and Recorder or Assessor at least 30 days prior to sending
notice, of all adjacent property within a 200' radius. Within
the same time period written notice shall be provided to
owners of mineral in interests in the property(other than
construction materials as defined in Section 34-32.5-10
CRS, as amended) in accordance with Section 24-65.5-101,
et seq., CRS, as amended.
3. Posting of Notice. Except for text amendments to the provisions
of this Resolution and existing Planned Unit Developments,
at least thirty (30) and not more than sixty (60) calendar days
19
• •
prior to the date of a scheduled public hearing the applicant
shall post a notice of the public hearing on the property.
Such notice shall consist of at least one sign facing each
adjacent road right-of-way, and located so as to be fully
visible from the road right-of-way generally used by the
public. Such signs shall be provided to the applicant by the
Planning Department.
54.Article 7: Standards: Section 7-212(B) on page 7-28 should read that the
reclaimed land should be re-contoured to blend in with existing
"topography: and not "slopes."
B. Reclamation of Disturbed Areas. Areas disturbed during
development shall be restored as natural -appearing landforms that
blend in with adjacent undisturbed slope topography.
55. Delete brackets in Section 7-212(A)(2) on page 7-27;
56. Delete the word "slushiness" in 7-212(B)(4) on page 7-28;
57. Section 7-104 on page 7-1 should refer to Section 7-105 for adequate
water supply; (perhaps eliminate this Section altogether or place the
"Exemption" notation in Section 7-105);
58. Eliminate the initial "Outlines" in all Articles. For example:
Section 4-104 Administrative Review Process. Applications for land
use change and divisions of land subject to Administrative Review
shall be reviewed by the Director as follows.
2. Application
5. Decision by Director
59. Eliminate redundancy for water quality from 7-104(A)(3) and (B)(2) on
page 7-2;
60.Amend the references in "C" on page 7-4 from 7-104 to 7-105. Same is
true for "7" on page 7-5;
61.Add in the following Supplementary Regulations from old Code into either
Article III: Zoning or Article VII: Standards:
20
1 •
Yards: The following requirements shall be observed in all zone
districts:
(1)Through Lots: both st streetsg shallfrom
considered as another
as front streets
paralleling
street,for
pa
purposes of calculating front yard setbacks;
(2) Corner Lots: on lots bordered on two (2) contiguous sides by streets,
the required front yard setback shall be observed along both streets;
(3) Two-family Dwellings: for purposes of setback calculations, a two-
family dwelling shall be construed as one (1) building occupying one (1)
lot;
(4) Row House: for purposes of setback calculations, only those row
houses which do not share a common wall with an adjacent row house
need observe the required side yard setback for the district, provided that
building code requirements for this type of structure are observed;
(5) Partially Developed Frontages: on a vacant lot bordered on two (2)
sides by previously constructed buildings which do not meet the required
front yard setback for the district, the required front yard setback for the
vacant lot shall be established as the averaged front yard setback of the
two (2) adjacent buildings; where a vacant lot is bordered on only one (1)
side by a previously constructed building which does not meet the
required front yard setback for the district, the required front yard setback
for the vacant lot shall be established as the averaged front yard setback
of the adjacent building and the minimum front yard setback for the
district;
(6) Projections: every part of a required yard shall be unobstructed from
ground level to the sky except for projections of architectural features as
follows: cornices, sills and ornamental features - twelve (12) inches; roof
eaves - eighteen (18) inches; uncovered porches, slabs and patios, walks,
steps, fences, hedges and walls - no restriction; fire escapes and
individual balconies not used as passageways may project eighteen (18)
inches into any required side yard or four (4) feet into any required front or
rear yard;
(7) Accessory Building in Required Rear Yard: an accessory building
may be located in a required rear yard provided that not more than forty
percent (40%) of the rear yard area is covered. Such building shall
observe a seven and one-half (7 1/2) foot setback from the rear lot line
when there is not an adjacent alley. An adjacent alley shall observe a ten
(10) foot setback from lot line;
21
• •
(8) Accessory Structure in Required Yards: (Except as provided in the
following Section (9), "Accessory Structures — Agricultural Property", which
applies to the Rural, RL (Gentle Slopes / Valley Floor), and DWC zone
districts), a fence, hedge or wall may be located in any required yard
provided that no such installation shall exceed eight (8) feet in height in a
required side yard or rear yard, nor shall any such structure exceed three
(3) feet in height in any required front yard.
(9) Accessory Structures — Agricultural Property: a fence, hedge, or wall
may be located in any required yard of the Rural, RL (Gentle Slopes /
Valley Floor), and DWC zone districts provided that no such installation
shall exceed eight (8) feet in height and shall meet sight triangulation
standards. A taller fence may be approved be the Board of County
Commissioners by obtaining a Limited Impact Review Permit if shown to
demonstrate that said structures comply with the following standards. For
purposes of implementing this provision, the term "Agricultural Land" as
set forth within C.R.S. § 39-1-102(1.6)(a)(IV).
(1) Said Accessory Structure(s) is required to maintain the
agricultural use contemplated or existing within the property;
(2) Said Accessory Structure(s) does not in any manner adversely
impact the operation of any adjacent public right-of-way or roads;
(3) Said Accessory Structure(s) does not adversely impact the
natural lighting or visual corridor of adjacent properties; and
(4) Said Accessory Structure(s) shall not obstruct critical traffic
areas along roadways.
(10) Building Height Exceptions: Parapet walls may exceed building
height limitations by four (4) feet; stacks, vents, cooling towers, elevator
cupolas, towers and similar non -inhabitable building appurtenances shall
be exempt from height limitations of this Resolution.
(11) Communication Facility: Communication facilities may exceed the
building height limitations provided they are approved by Limited or Major
Impact Review Permit.
62.In the context of Major Impact Review, Section 4-106(B)(5)(b) on page 4-
17 currently requires the referral of a Major Impact Review permit to the
BOCC to make a determination on whether the application should be sent
to the Planning Commission for review. This section contradicts later
sections of the Land Use Resolution (LUR) which states that all Major
Impact Review permits are to be heard by both the PC and BOCC. The
intent is that ALL Major Impact Review permits are heard by BOTH the
BOCC and PC in a noticed public hearing. The inclusion of Section 4-
22
106(B)(5)(b) is a mistake within the new LUR and should be deleted. The
Section is found on page 4-17 and shown here as deleted:
b. Prior to submitting thii application to the Planning
Planning Commission for review. The Board's determination as
e •e
following criteria:
e_ -e _ee-
63. The presently approved "Administrative Process" is too cumbersome, too
long, and conflicts with various other timelines and ultimately defeats the
"administrative" purpose. Staff recommends amending the Administrative
Process in Article 4: Section 4-104 on page 4-11 as follows:
Section 4-104 Administrative Review Process. Applications for land use
change and divisions of land subject to Administrative Review shall be reviewed
by the Director as follows.
A. -
following procedures:
2. Application
3. Determination of Completeness
B. Review Process.
1. Pre -Application Conference. A pre -application conference shall be
held in accordance with the provisions of Section 4-103(A). , Prc
_ e - - - • _ -. This requirement may be waived by the
Ate
Director.
2. Application. The application materials required for a land use change
subject to Administrative Review are set forth in Section 4-601(A).
3. 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. Once deemed technically complete, the Director will
23
• •
send a letter to the Applicant that indicates the number of copies to
be delivered to the County, the date upon which the Director will
render a decision, and the notice that the Applicant is required to
mail to the adjacent property owners within 200 feet.
4. Notice to Adjacent Property Owners. At least 15 calendar days
prior to the date of the Director's decision, the applicant shall mail
the written notice by certified mail, return receipt requested, to the
owners of record of all property adjacent to the property within a
200' radius and the mineral owners of record in the office of the
County Clerk and Recorder. The notice shall include a vicinity map,
the property's legal description, a short narrative describing the
current zoning and proposed land use change, the contact
information and the date that the Director has to make a decision.
[Note: Need to change the time line in Section 4-103(C) for TC to
be 10 working days for all Administrative Review Permits.]
4. Evaluation by Director/Staff Review. Upon determination of
completeness, the Director shall review the application for
compliance with the applicable requirements. A staff report shall be
prepared pursuant to Section 4-103(E).
- - - The Director's evaluation of the
application may include comment by referral agencies
received under Section 4-103(D).
Agency.
- -
5. Director Decision. Within thirty (30) working days of the date of
determination of completeness,
24
the Director may shall
approve, approve with
application subject to
decision shall be based
the applicable approval
Article VII, Standards.
conditions or deny the land use change
Administrative Review. The Director's
upon compliance of the proposed use with
standards. -
. a
_•e
applicable standards, the application shall be denied.
6. Written Notice of Decision. The Director shall inform the applicant,
and noticed property owners, and the Board of County
Commissioners of the approval, conditions of approval or basis for
denial in writing within five (5) working days of the date of decision.
7. Director's Call -Up. In the event that public notice results in written
comments in opposition to the proposed Administrative Review
Permit, and said opposition is based on relevant development
standards in this Resolution, the Director shall place the
Administrative Review Permit on the earliest available scheduled
meeting agenda of the Board of County Commissioners to
determine if a public hearing would be required.
C. Reconsideration of Director's Decision or Call-up by Board of County
Commissioners.
1. Request by Applicant or Adjacent Property Owner for
Reconsideration of Decision. The applicant or adjacent property
owner affected by the decision may request reconsideration of the
Director's decision by the Board of County Commissioners. The
requesting party may file a written request within ten (10) calendar
days of the date of written notice of the decision by the Director.
The Board of County Commissioners shall review the request at the
next regular meeting of the Board and set a public hearing by a
majority vote of the Board in favor of said hearing.
a. Schedule Public Hearing. Public hearing by the Board of
County Commissioners shall be held within forty-five (45)
calendar days of the date of approval of the request for
reconsideration.
25
• •
b. Notice by Publication. At least thirty (30) calendar days prior to
the date of the scheduled public hearing before the Board of
County Commissioners, the requesting party shall have
published a notice of public hearing in a newspaper of
general circulation in the area that the proposed land use
change is located.
c. Notice to Adjacent Property Owners. At least thirty (30)
calendar days prior to the date of the scheduled public
hearing, the requesting party shall send by certified mail,
return receipt requested, a written notice of the public
hearing to the owners of record of all adjacent property
within a 200' radius and mineral rights owners of the subject
property as recorded in the records of the office of the Clerk
and Recorder. The notice shall include a the property's legal
description, a short narrative describing the current zoning
and proposed land use change, and an announcement of
the date, time and location of the scheduled hearing.
d. Decision by Board. The Board shall conduct a hearing pursuant
to the provisions of Section 4-103(G), Conduct of Public
Hearing. The Board may uphold the Director's decision,
modify the decision or reverse the decision, based upon
compliance of the proposed land use change with the
applicable approval standards -
of Article VII, Standards.
2. Call-up by Board. Within feu-rtocn (14) ten (10) calendar days of the
date of written notice of the decision by the Director, the Board
may, at its discretion, decide to review the Director's decision at the
next regularly scheduled meeting of the Board for which proper
notice of hearing can be accomplished and set a public hearing by
a majority vote of the Board in favor of said hearing.
a. Notice by Publication. At least thirty (30) calendar days prior to
the date of the scheduled public hearing before the Board of
County Commissioners, the Director shall have published a
notice of public hearing in a newspaper of general circulation
in the area that the proposed land use change is located.
b. Notice to Adjacent Property Owners. At least thirty (30)
calendar days prior to the date of the scheduled public
hearing, the Director shall send by certified mail, return
receipt requested, a written notice of the public hearing to
the owners of record of all adjacent property within a 200'
26
ta
..
• •
radius. The notice shall include a vicinity map, the property's
legal description, a short narrative describing the current
zoning and proposed land use change, and an
announcement of the date, time and location of the
scheduled hearing.
c. Decision by Board. The Board shall conduct a hearing pursuant
to the provisions of Section 4-103(G), Conduct of Public
Hearing. The Board shall uphold the Director's decision,
modify the decision or reverse the decision, based upon
compliance of the proposed land use change with the
applicable approval standards -
of Article VII, Standards.
This revised Administrative Review process is graphically shown here for clarity:
Preferred "Administrative Process": 66 Days
Pre -Application Conference
Application
Determination of Completeness
1. TC Letter
2. Copies in to Office
3. Decision date
4. Public Notice
OM* » .YY.
Decision by Director
etty Owni
Could be waived by Director
Submitted on January 5, 2009
January 19, 2009 (10 w. days of Appl.)
No ferE
Directo
ha
n days prk
Psion 2t1 5109)
March 2, 2009 (30 w. days of TC)
64. To be consistent with the proposed revised Administrative Process, Staff
suggests amending the submittal requirements for this process to add
"names and mailing addresses for property owners within 200 feet."
A. Administrative Review. The Administrative Review Process is set forth in
Section 4-104, Administrative Review Process and requires the following
materials.
1. Application Form and Fees
27
• •
2. Vicinity Map (4-602(C)(2)
3. Site Plan (4-602(C)(3)
4. Names and mailing addresses for owners of record of all adjacent
property within a 200' radius and mineral rights owners of the subject
property as recorded in the records of the office of the Clerk and
Recorder.
65. Need to amend Section 9-104 "Development Plan Submission" to indicate
three copies need to be submitted rather than eight copies. (The thinking
is that once the application is deemed complete, then copies should be
requested for referral.)
66. Need to specifically and plainly provide expected timeframes for
Preliminary Plans, Planned unit developments, Exemptions, and Final
Plats. Staff suggests the following:
67. The last sentence reference in Section 7-104 should be 7-105.
68. Under 2-101 and Article II generally, any proposed land use change,
including divisions of land, requires a Land Use Change Permit (LUCP).
An "Exemption" is expressly a division of land, under 5-101. Under 8-102,
the AH requirements apply to land use change applications in Garfield
County that result in 5 or more units.
We also note that the term "unit" (as used in Article VIII) is not defined
anywhere. We suggests including it in the definitions to say "See Dwelling
Unit."
The discussion in the rest of the AH section contemplates that the
affordable "units" are not Tots but residences. We anticipate that
developers will object indicating they are not building "units" but merely
creating Tots or parcels; hence, they shouldn't have to provide a number of
AH residential "units" equivalent in number to 15 % of the total number of
lots they create.
Clearly, the intention was to apply this actual building of residential units to
subdivisions that create only lots. Based on this, we suggest that we
amend 8-102 to make that intent perfectly clear in the following way:
Section 8-102 Applicability. These requirements for affordable
housing shall apply to all land use change applications in Garfield
County, such that 15% of the lots proposed in the development shall
be developed with affordable housing units. This regulation shall apply
to developments proposing five (5) or more lots in Garfield County. In
computing this requirement, any fraction of a unit lot above .50 will be
28
• •
rounded up and any fraction of a unit lot less than .50 will be rounded
down. [Provided however this Article shall not apply to non -expired
Preliminary Plans approved by the BOCC under the Zoning
Regulations of 1978, as amended and Subdivision Regulations of
1984, as amended.]
IV. Temporary Employee Housing Regulations
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;
3. Update reference to ISDS regulations from 1994H-136 to 2008- , as
amended;
4. Small: Remove reference to "Applicant", change to "Temporary Employee
Housing Operator";
5. 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 ."
V. General References & Typographical Errors
The following section is intended to correct a variety of incorrect references and
typographical errors.
1. 12-103(B): Change Section 12-106 to Section 12-107;
2. 5-306(A)(2): Next to last line should read "more than four";
3. Numerous corrections needed in the Main Table of Contents and the
Table of Contents in each Article section related to page numbering;
4. Article XI Table of Contents under Section 11-401 A need to add
Inspection and "Authority For" Order to repair;
5. Article VII Table of Contents under Section 7-106 add the word "central"
between Adequate & Water;
29
• •
6. Article VIII Table of Contents under Section 8-401 B add the word "or"
between Income & Earnings;
7. Article IV Table of Contents under Section 4-503 need to remove the word
"additional" between Description of & Submittal;
8. Article III Table of Contents Section 3-309 "Day Care Center". May want
to consider adding "Family Child Care Center" because that is the way it is
labeled in the Land Use Code;
9. Article III Table of Contents under Division 4, Section for "View Protection
Overlay" & "Airport/Heliport Influence Area Overlay" both of the Sections
are numbered incorrectly. "View Protection Overlay should be 3-404" and
"Airport/Heliport Influence Area Overlay should be 3-405";
10. Under the Main Table of Contents at the beginning of the code the
following corrections are needed related to wording:
i. Under Division 3 Section 3-309 Day Care Center—maybe add
comment to see Family Child Care Center. That is how the
code describes.
ii. Division 4 correct Section numbering for "View Protection
Overlay to read 3-404" and for "Airport/Heliport Influence Area
Overlay to read 3-405".
iii. Article IV Section 4-102 add "Referral Agencies" after
Consultants.
iv. Division 5 Section 4-502 remove the word "additional" after
"Description of".
v. Division 6 add "Section 4-604, Minor Temporary Housing
Facility Review Flowchart".
vi. Article VII Section 7-106 add the word "Central" between
Adequate & Water.
vii. Article XII need to correct the spelling of "Enforcement".
viii. Article XIV need to change the title of that Section to read
"Areas and Activities of State Interest". (That is how it is titled in
the code)
11.On page 4-15 in Section 4-105(6)(2): Change "Section 4-601 E" to "4-501
E";
12.On page 4-17 in Section 4-106 B 2: Need to correct within that Section
the reference number to read "4-502 F" instead of 4-601 F;
13.On page 4-19 in Section 4-107 B 2: Need to correct within that Section
the reference number to read "4-501H" instead of 4-601H;
30
•
14.On page 4-32 in Section 4-203 B 2: Need to correct within that Section
the reference number to read "4-501 C" instead of 4-601 C;
15.On page 4-47 under Division 5, Section 4-501: Need to correct within that
Section the reference number to read "4-502" instead of 4-602;
16.On Page 4-48, Section 4-501(A)(2): Change "Section 4-602" to "Section 4-
502";
17.On page 4-48, Section 4-501(A)(3): Change "Section 4-602" to "Section 4-
502;
18.On page 4-48, Section 4-501(6)(2): Change "Section 4-602" to "Section 4-
502";
19.On page 4-48, Section 4-501(C)(2): Change "Section 4-602" to "Section 4-
502"
20.On page 4-48, Section 4-501(E)(2), (E)(3), (E)(4) and (E)(5): Change
"Section 4-602" to "Section 4-502";
21.On page 4-49 Under Section 4-501(F), (G), & (1): Need to correct all of
the references to Section from 4-602 (whatever section) to all read 4-502
(With applicable sections). Also under F (8) section should be 4-502(1)
instead of 4-602(J);
22.A11 referenced sections for vicinity map, site plan, erosion & sediment
control plan, landscape plan, impact analysis, land suitability,
improvements agreement, etc. need to correct referenced section
numbers through out the code;
23.On Page 4-53 through 4-55 need to correct number of sections and
subsections. Should read 4-501 K 5 E, F, G, H, I, J & K;
24. Under Section 4-501(K)(5)(G): Need to correct Section number to 4-
502(C)(3) and correct Zoning Resolution to say "Unified Land Use Code of
2008";
25.On page 4-64, Section 4-502(E)(9): Change reference to Section 4-502(J);
26.On page 4-65 under Section 4-502(1) numbers 12-15 need to add period
after the numbers;
27.On page 4-71 Section 4-503(A): Need to correct referenced Section to
read "4-502(C)(3)" instead of 4-602(C)(3);
31
• •
28.On page 4-74. Under what is labeled as Section 4-505 should be labeled
as Section 4-504 instead;
29.On page 5-28 under Section 5-501(A) items 1-4. Need to correct under
item 2 the Section number from 4-602(C)2 to the correct Section number
4-502(C)(2);
30.On page 5-29 under Section 5-501(B) item 2 need to correct referenced
section to read "4-502(C)(2)" instead of 4-602(C)(2);
31.On page 5-29 under Section 5-501(C) need to correct referenced section
to read "5-405" instead of 5-406;
32.On page 5-29 under Section 5-501(D) need to correct referenced Section
to read "5-404" instead of 5-405.
33.On page 5-29 Section 5-501(D) item 2, item 6, item 7, item 8(F) and item
9—need to correct all of those section numbers—referenced incorrectly.
Item 2 should be 4-502(C). Item 6 should be 4-502(E). Item 7 should be
4-502(D). Item 8(E) should be 4-502(C)(4). Item 9 should be 4-502(1);
34.On page 5-30 section 5-501(E) item 2 should be referenced as 4-
502(C)(2);
35.On page 5-30 Section 5-501(E) item 4(G) should be referenced as 4-
502(C)(4);
36.On page 5-30 Section 5-501(E) item 5 should be referenced as 4-
502(C)(5);
37.On page 5-30 Section 5-501(E) item 8 should be referenced as 4-502(1);
38.On page 5-31 Section 5-501(G) item 2 should be referenced as 4-
502(C)(2);
39.On page 5-31 Section 5-501(G) item 6 should be referenced as 4-
502(C)(5);
40.On page 5-31 Section 5-501(G) item 7 should be referenced as 4-502(E);
41.On page 5-31 Section 5-501(G) item 8 should be referenced as 4-502(D);
42.On page 5-31 Section 5-501(G) item 11 (e) should be referenced as 4-
502(4);
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43.On page 5-31 Section 5-501(1) item 2 should be referenced as 4-
502(C)(2);
44.On page 5-32 Section 5-501(J) item 2 should be referenced as 4-
502(C)(2);
45.On page 5-32 Section 5-501(J) item 5 should be referenced as 4-502(D);
46.On page 5-32 Section 5-502 A item referenced should be 4-502(A);
47.On page 5-32 Section 5-502(B) item referenced should be 4-502(B);
48.On page 5-32 Section 5-502(C) item 1 referenced Section should be 4-
502(C);
49.On page 5-50 Section 5-502(D) referenced section should be 4-502(E);
50.On page 5-51 Section 5-502(E) referenced Section should be 4-502(D);
51.On page 5-51 Section 5-502(F) referenced Section should be 4-502(D);
52.On page 5-52 Section 5-502(H) referenced Section should be 4-502(H);
53.On page 5-52 Section 5-502(1) referenced Sections should be 5-402 and
5-404(B)(7)(B);
54.On page 6-18 Section 6-301(C) item 11 referenced Section should be 4-
502(E);
55.On page 6-18 under Section 6-301(C) item 12 referenced Section should
be 4-502(D);
56.On page 8-5 Section 8-302(B) listed as items 4 & 5 should be numbered
as items 3 & 4. (Numbering problem);
57.On page 8-20 listed in code as Section 8-406 Grievance Procedures
should be listed as Section 8-405
58.On page 8-22 listed in code as Section 8-407 Periodic Review of
Affordable Housing Guidelines should be listed as Section 8-406;
59. Cross references from subdivision and land use permits to "submittal
Requirements" needs to be changed to 4-502 rather than 4-602;
60. Section 9-105(B) and (C) are duplicitous.
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61. Need to specifically set out a process for a "corrected" Final Plat in Article
V;
62.1-106(A) change "adhered" to "met" or "satisfied";
63.6-203, page 6-9 type in reverence to Divisions, 3 is listed twice.
64.12-107(6)(2) "land owner" and "land owners" should be "landowner" and
"landowner's";
65. Page 4-50: delete the "K" at the top of the page for Housing Facilities.
66. Minor Corrections, Article VIII
i. Date of Resolution is Sept 26, 2007 - should be 1/1/2009?
ii. Page 8-1, purpose, point 1 - should reference study areas 1
through 5
iii. Section 8-102, page 8-2 - applicability could be clearer. What if
land use change application is for development of rental
housing? My understanding is that this Article only applies to
development of ownership housing.
iv. Pages 8-3 and 8-9 - Do you want to leave references to
"AAHE"?
v. Page 8-6 - Deed Restriction paragraph runs to the next page
and should not be broken into two points.
67. Page7S11-28, Section 7-821(D)(1): The last word should be right-of-way,
not "row".
68. Standards for Manufactured Homes: It appears that an incorrect cite was
made in 7-909 Outdoor Storage. This section refers back to the
requirements of section 7-820 however that section is standards for solid
waste. The correct reference should be to Section 7-821 which is
applicable to storage standards.
69. Page 12-3, Section 12-103(B) (3rd to last line) needs to refer to Section 12-
107 and not 12-106.
70.AI1 Tables of Contents and flow charts will need to be adjusted to correctly
correspond with the revised changes to page numbers and sections.
71. Staff recommend deleting the requirement for obtaining a grading permit
as currently required in Section 5.17.04(5) of the Gravel Regulations.
72. Regarding the requirements for public notice for public hearings, Section
4-202 (B)(3)(b) and 4-202 (B)(6)(a) need to have "by the Director"
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removed from those sections. The Applicant will always do the notice
unless it is initiated by the County in which case, the County will do the
notice.
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