HomeMy WebLinkAboutResolution 2009-011111 IA 1+111't 1t1,CHILIN 11 III
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STATE OF COLORADO )
)ss.
COUNTY OF GARFIELD )
At a regular meeting of the Garfield County Planning
Commission, held at the County Administration Building in
Glenwood Springs on Wednesday, the 6th day of May, 2009, there
were present:
when
Philip Vaughan , Chairman (Not Present)
Cheryl Chandler , Planning Commissioner (Not Present)
Jock Jacober , Planning Commissioner (Present)
Bob Fullerton , Planning Commissioner (Not Present)
Adolfo Gorra , Planning Commissioner (Present)
Sean Martin , Planning Commissioner (Not Present)
Shannon Kyle , Planning Commissioner (Not Present)
John Kuersten , Planning Commissioner (Present)
Lauren Martindale , Planning Commissioner (Present)
Deb Quinn , Asst. County Attorney (Present)
Fred Jarman , Planning Director (Present)
the following proceedings, among others were had and done,
to -wit:
RESOLUTION NO. PC - 2009 - 01
A RESOLUTION TO RECOMMEND APPROVAL OF CERTAIN AMENDMENTS TO THE
TEXT OF THE UNIFIED LAND USE RESOLUTION OF 2008 TO THE BOARD OF
COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO
Recitals
A. On the 25th day of March, 2009, the Garfield County
Planning Commission opened and continued a public hearing to May
6th , 2009 to consider certain amendments to the text of the
Garfield County Unified Land Use Resolution of 2008; and
B. The public hearing conducted on the foregoing date,
was properly noticed pursuant to Section 4-202(B)(3) of the
Unified Land Use Resolution of 2008; and
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C. At the foregoing meeting, full and complete
participation by all members of the public was permitted and all
public comment reviewed and incorporated in the proposed
amendments to the text of the Garfield County Land Use
Resolution of 2008, as deemed appropriate by the Planning
Commission; and
D. The Garfield County Planning Commission, pursuant to
this Resolution, closed the public hearing regarding proposed
amendments attached hereto as Exhibit A on May 6, 2009 and is
submitting certain amendments to the text of the Unified Land
Use Resolution of 2008 to the Board of County Commissioners of
Garfield County under the provisions of Section 4-202 of the
Unified Land Use Resolution of 2008; and
E. The Garfield County Planning Commission continued the
public hearing to May 13, 2009 regarding the remainder set of
certain amendments in order that they be discussed and sent to
the Board of County Commissioners in a subsequent recommendation
from the Planning Commission; and
F. The Planning Commission, on the basis of substantial
competent evidence produced at the aforementioned hearing, has
made the following determinations of fact:
1. Proper public notice was provided as required for the
meeting before the Planning Commission.
2. The public hearing before the Planning Commission was
extensive and complete, that all pertinent facts, matters
and issues were submitted and that all interested parties
were heard at that meeting.
3. The above stated and other reasons, the proposed amendments
to the text of the Unified Land Use Resolution of 2008 has
been determined to be in the best interest of the health,
safety, morals, convenience, order, prosperity and welfare
of the citizens of Garfield County.
4. The application has met the requirements of Sections 4-202
of the Garfield County Unified Land Use Resolution of 2008.
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RESOLUTION
NOW, THEREFORE, pursuant to the regulatory authorities set
forth above, the Garfield County Planning Commission does hereby
recommend approval to the Garfield County Board of County
Commissioners of the attached copy of the proposed amendments to
the text of the Garfield County Unified land Use Resolution of
2008 (Exhibit A). Further, the forgoing Recitals are
incorporated by this reference as part of the resolution.
DATED this v day of
'/DC% ,2009.
Upon motion duly made and seconded the foregoing Resolution was
adopted by the following vote:
Philip Vaughan Absent
Cheryl Chandler Absent
Jock Jacober Aye
Bob Fullerton Absent
Adolfo Gorra Aye
Sean Martin Absent
Shannon Kyle Absent
John Kuersten Aye
Greg McKennis Aye
Lauren Martindale Aye
GARFIELD COUNTY PLANNING
COMMISSION
By:
"Acting" Chairpeon, Jock Jacober
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As Secretary to the Garfield County Planning Commission, I do
hereby attest that I am witness to the foregoing signatures for
this Resolution.
ATTEST:
Secretary, Bob Fullerton
5720/057
Date
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MEMORANDUM
TO: Garfield County Planning Commission
FROM: Fred A. Jarman, AICP
Director, Building & Planning Department
EXHIBIT
1 4
RE: Proposed Text Amendments to the Unified Land Use Resolution of
2008
Date: May 15, 2009
On Wednesday, May 6, 2009, the Planning Commission voted unanimously to
forward the following proposed amendments to the Board of County
Commissioners. Staff reviewed these amendments against the actual audio CD
of the meeting and verified they are accurate. Staff will circulate a Resolution to
the acting Chairman at that meeting, Jock Jacober and also have Secretary
Fullerton sign the Resolution.
New or Amended Uses in Article III and Article XVI
11. Planning Commission recommends including "Professional Office" in the
RL — GSLVF zone district in Table 3-502 as it is Limited Use in the
Plateau.
/2. Planning Commission recommends deleting "Guest House" from the Use
Tables and Definitions in the new code altogether.
v3. Planning Commission recommended including "Dwelling - single unit" into
the commercial zone districts.
✓ 4. Planning Commission recommended that "Storage of Materials in a
Building" in the RL - Gentle Slopes (as listed in Table 3-502) be included
as a Limited Review in the Plateau and Gentle Slopes zone districts. .
/5. Planning Commission recommended that "Ski Lifts & Trails" not be
included in Table 3 — 501 as a use in the Rural and Public lands zone
districts and requiring a Major Impact review in both districts;
A. Planning Commission recommended to amend the definition of
"Development Process" in the following manner:
rezoning, preliminary plan, planned unit development, or limited or
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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.
/7. Planning Commission recommended that the symbols in Tables 3-501
and 3-502 that have strike-throughs should be deleted.
II. Old Code vs. New Code Issues:
/1. Planning Commission recommended to include 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.
1/
2. Planning Commission recommended that the following section be
amended as follows as it deals with Vested Rights:
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 with a Land Use Change Permit, 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
extended to conform with the extended approval term pursuant to a Development
Agreement as provided in Section 1-202(C).
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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, - - Z 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. - _ . • _ .. _ - .
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. Planning Commission recommended that all "Certificates" for different
types of Plats in Article V, be placed in the Workbook and not be codified
into the Code.
- ` 2. Planning Commission recommended adding 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).
3.
Planning Commission recommended that Section 4-301 [Appeal of an
Administrative Interpretation of These Regulations] be amended such that
Section 4-302(B)(1) [Application] refers to Section 4-501(B). Further, that
section on page 4-48 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 (42-G 4 502(G))
4. Planning Commission recommended that Section 4-302(6)(4) be
amended in the following way:
4. Evaluation by Director/Staff Review. Upon determination of
completeness, the Director shall review the application for
compliance with the approval standards set forth in Section 4 402
{) 4-302 (C), Review Criteria for Appeal of an Administrative
Interpretation of These Regulations. A staff report shall be prepared
pursuant to Section 4-103 E.
Wh ��
J
? 5. Planning Commission recommended that all the outlines of all the Articles
need to be corrected so they match actual page numbers in the new code;
/6. Planning Commission recommended to move the "Use Restrictions" from
Article 111 (p. 3-14) into Article VII: "Standards";
\/ 7. Planning Commission recommended that Section 7-108 refers directly to
the "Roadway Standards" found in Section 7-307(A)(2) on page 7-48 and
eliminate Section 7-108(A) such that Section 7-108 shall read as follows:
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Section 7-108 Access and Roadways. All roads shall be designed to
standards set forth in Section 7-302 and all roads shall be reviewed by the
County Engineer.
�9.
"Road Standards" need—to use the road standaFds not just for internal
as well.
Planning Commission recommended that regarding "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).
10. Planning Commission recommended that 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)
111. The Planning Commission recommended to add the following definition:
FLOOR AREA RATIO means the floor area of the building or
buildings on a lot divided by the total lot area.
✓12. Planning Commission recommended deleting Sections 9 - 105(C) as it
was a duplicate with Section 9 — 105 (B).
13. Planning Commission recommended to 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. Specifically, the following was
recommended:
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;
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(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;
(4) Limited use open space: Any land to be retained as open
space that has an average slope greater than 25%.
114. The Planning Commission recommended amended Section 1-108(C) 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."
✓15. Planning Commission recommended amending Section 3-306(A)(4) to
reflect that RV's can be used in RV parks for listed purposes for more than
180 days per year.
/16. Planning Commission recommended amending Section 7-307(A)(7) to
add a Length Limit for Dead -End Streets. Specifically, Section 7-307(A)(7)
would result in Section 7-307(A)(7)(b) and (c) as follows:
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 frailer 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
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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.
17. The Planning Commission recommended eliminating all references to a
/ "Final PUD" in Article XI. That section would be amended 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.
A. Pre Application Conference
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:
(I) 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
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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.
2. Determination of Completeness. The Director shall review the
application for determination of completeness in accordance with
the provisions of Section 4-103(C),
of Article IV, 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). , Notice of Public Hearing of Article IV, Application
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 IV, Application and Review Procedures.
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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
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.
(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.
e e
A - _
• - -
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. Following a public hearing conducted
. a a .
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
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well as any other applicable requirements of this Resolution.
, PUD Approval Standards.
(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.
PUD Plan Review.
Review are set forth in Section 6 202 E.
of Article IV, Application and Review Procedures.
Board of County Commissioners.
•
.- -- - .....- -..-
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.
County Commissioners at a public hearing.
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a. Decision by Board. Following a public hearing conducted
with the standards set forth in Section 6 203, PUD Approval
Standards.
with conditions determined necessary for compliance
with applicable standards
any one of the applicable standards, the application
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
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
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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.
118. Planning Commission recommended amended Section 8 — 102 to say
"Areas 1 through 5..." rather than "Areas through 5";
/19. Planning Commission recommended to 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,
manufactured housing not meeting these standards.
/20. Planning Commission recommended adding the "Road Vacation" action
frlf and process to Article IV as a distinct process within the New Code which
is attached as Exhibit B to this Memorandum;
21. Planning Commission recommended amending Section 4 — 103(F)) Notice
provisions for Text Amendments in the following manner:
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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
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.
22. Planning Commission recommended amending Article 7: Standards:
Section 7-212(B) on page 7-28 to say that the reclaimed land should be
re-contoured to blend in with existing "topography: and not "slopes."
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B. Reclamation of Disturbed Areas. Areas disturbed during
development shall be restored as natural -appearing landforms that
blend in with adjacent undisturbed slopes topography.
!23. Planning Commission recommended to delete brackets in Section 7-
212(A)(2) on page 7-27;
/24. Planning Commission recommended to delete the word "slushiness" in 7-
212(6)(4) on page 7-28;
25. Planning Commission recommended that Section 7-104 on page 7-1
should refer to Section 7-105 for adequate water supply;
\,726. Planning Commission recommended eliminating 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.
1. Pre Application Confcr - -
2. Application
4. Evaluation by the Director
5. Decision by Director
V/ 27. Planning Commission recommended eliminating redundancy for water
tdVv quality from 7-104(A)(3) and (B)(2) on page 7-2;
128. Planning Commission recommended amending the references in "C" on
page 7-4 from 7-104 to 7-105. Same is true for "7" on page 7-5;
J 29. Planning Commission recommended adding in the following
Supplementary Regulations from old Code into either Article III: Zoning or
Article VII: Standards:
Yards: The following requirements shall be observed in all zone
districts:
(1) Through Lots: on lots extending from one (1) street to another
paralleling street, both streets shall be considered as front streets for
purposes of calculating front yard setbacks;
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(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;
(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.
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(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.
30. Planning Commission recommended amending deleting Section 4-
106(B)(5)(b) for requiring Major Impact Review $to be referred to the
Planning Commission:
b. Prior to submitting the application to the Planning
Commission for a hearing, the Director will present the
(1) Impact on the surrounding neighborhood.
{3) Environmental impacts.
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/r
\/ 31. Planning Commission recommended amending the "Administrative
Process" described in Article IV, Section 4-104 as is too cumbersome.
The revised process is 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. Outline of Process. The Administrative Review process shall consist of the
1. Pre Application Conference
2. Application
3. Determination of Completeness
5. Decision by Director
R. Review Process.
1. Pre -Application Conference. A pre -application conference shall be
held in accordance with the provisions of Section 4-103(A). , Pre
Application Conference. This requirement may be waived by the
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
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.
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/(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 4403(E).
- - - The Director's evaluation of the
application may include comment by referral agencies
received under Section 4-103(D). , Review by Referral
Agency.
within a 200' radius and the mineral owners of rccord in the
office of the County Clerk and Recorder. The notice shall
short narrative describing the current zoning and proposed
that the Director has to make a decision and notice of the 10
of the notice established by return receipt.
5. Director Decision. Within thirty (30) working days of the date of
determination of completeness, or close of the comment period if
• - - _ _ the Director may shall
approve, approve with conditions or deny the land use change
application subject to Administrative Review. The Director's
decision shall be based upon compliance of the proposed use with
the applicable approval standards.
Article VII, Standards.
• .
necessary for compliance with applicable standards.
b. Denial of Application. If the application fails to satisfy all of the
applicable standards, the application shall be denied.
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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.
e- - - a. - -e - - = ----
of County Commissioners.
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.
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
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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 fourteen (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
and set a public hearing by
a majority vote of the Board in favor of said hearing.
•-s
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'
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.
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A2.The Planning Commission recommended, to be consistent with the
proposed revised Administrative Process, amending the Administrative
Process notice requirements as follows:
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
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.
5. Application shall address applicable standards contained in Article VII of
this Unified land Use resolution of 2008, as amended.
/33. Planning Commission recommended amending 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.)
/34. Planning Commission recommended amending the last sentence
reference in Section 7-104 to refer to Section 7-105.
135.Planning Commission recommended that to ensure the intention was
followed regarding lots vs. units, the following changes to Section 8-102:
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
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.]
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IV. General References & Typographical Errors
The Planning Commission recommended to make all of the following changes as
they are intended to correct a variety of incorrect references and typographical
errors.
4. 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;
14. 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;
16. 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;
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.
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✓ iv. Division 5 Section 4-502 remove the word "additional" after
/ "Description of".
si v. Division 6 add "Section 4-604, Minor Temporary Housing
i 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".
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(B)(2): Change "Section 4-601 E" to "4-501
E";
/12.0n 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 4-601F;
13.OnP 9 a e 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;
114.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;
j15. On page 4-47 under Division 5, Section 4-501: Need to correct within that
I Section the reference number to read "4-502" instead of 4-602;
J 16.On Page 4-48, Section 4-501(A)(2): Change "Section 4-602" to "Section 4-
502";
117. On page 4-48, Section 4-501(A)(3): Change "Section 4-602" to "Section 4-
502;
118.On page 4-48, Section 4-501(B)(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), & (I): 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);
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J22.AI1 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;
/23.0n 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;
127.0n page 4-71 Section 4-503(A): Need to correct referenced Section to
read "4-502(C)(3)" instead of 4-602(C)(3);
J28. On page 4-74. Under what is labeled as Section 4-505 should be labeled
as Section 4-504 instead;
129.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);
i 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);
`I/31. On page 5-29 under Section 5-501(C) need to correct referenced section
to read "5-405" instead of 5-406;
J32.0n page 5-29 under Section 5-501(D) need to correct referenced Section
to read "5-404" instead of 5-405.
/33.0n
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);
l 35.On page 5-30 Section 5-501(E) item 4(G) should be referenced as 4-
502(C)(4);
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`/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);
L/ 42.On page 5-31 Section 5-501(G) item 11 (e) should be referenced as 4-
502(4);
✓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);
J 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);
149. On
page 5-50 Section 5-502(D) referenced section should be 4-502(E);
i50. On page 5-51 Section 5-502(E) referenced Section should be 4-502(D);
151.0n 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);
153.On page 5-52 Section 5-502(1) referenced Sections should be 5-402 and
5-404(B)(7)(B);
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54.On page 6-18 Section 6-301(C) item 11 referenced Section should be 4-
502(E);
155.On page 6-18 under Section 6-301(C) item 12 referenced Section should
be 4-502(D);
1 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
158.0n 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 duplicative.
/61. Section 1-303(B)(2) should refer the reader to Section 4-302 rather than 4-
402 for the process for Appeals to Administrative decisions. Further,
Section 4-302(B)(1) should refer the reader to Section 4-501(B) rather
than 4-601(B) for the required Application materials. Finally, Section 4-
501(B)(2) should refer the reader to Section 4-502(G) rather than 4-
602(G);
62. Need to specifically set out a process for a "corrected" Final Plat in Article
V;
r% 63.1-106(A) change "adhered" to "met" or "satisfied";
/64.6-203, page 6-9 type in reverence to Divisions, 3 is listed twice.
J65.12 -107(B)(2) "land owner" and "land owners" should be "landowner" and
"landowner's";
66. Page 4-50: delete the "K" at the top of the page for Housing Facilities.
67. 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
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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.
/68. Page 70126, Section 7-821(D)(1): The last word should be right-of-way,
not "row".
j/ 69. 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.
1 70. Page 12-3, Section 12-103(B) (3rd to last line) needs to refer to Section 12-
107 and not 12-106.
71.AII Tables of Contents and flow charts will need to be adjusted to correctly
correspond with the revised changes to page numbers and sections.
J72.The Planning Commission recommend deleting the requirement for
obtaining a grading permit as currently required in Section 5.17.04(5) of
the Gravel Regulations.
73. The Planning Commission recommended Sections 4-202 (B)(3)(b) and 4-
202 (B)(6)(a) have "by the Director" 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.