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HomeMy WebLinkAboutResolution 2009-53all hri'iPr,narYluvirimnia 114 MURMUR 11111 Rceeption0: 771781 07/21/2009 09:25:80 RM .lean Rlberico 1 of 20 Sec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) At a regular meeting of the Garfield County Board of County Commissioners, held at the County Administration Building in Glenwood Springs on Tuesday, the 7t° day of July, 2009, there were present John Martin , Chairman Trdsi Houpt , Chair Pro -Temp Mike Samson , Commissioner Jean Alberico , Clerk of the Board Deb Quinn , Asst. County Attorney Ed Green (absent) County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2009 - 53 A RESOLUTION APPROVING AMENDMENTS TO THE TEXT OF THE UNIFIED LAND USE RESOLUTION OF 2008 Recitals A. Pursuant to Section 4-202 of the Unified Land Use Resolution of 2008, the Planning Director initiated certain amendments to the text of the Unified Land Use Resolution of 2008 (hereinafter the "Land Use Code"); and B. On the 25th day of March, 2009, the Garfield County Planning Commission opened and continued a public hearing to May 61e , 2009 to consider certain amendments to the text of the Land Use Code; and C. The Garfield County Planning Commission, closed the public hearing regarding the proposed amendments on May 6, 2009 and unanimously recommended (by a vote of 6 to 0) the Board of County Commissioners approve said amendments to the text of the Land Use Code; and D. On the 6th day of July, 2009, the Garfield County Board of County Commissioners opened and continued a public hearing to July 7"t , 2009 to consider certain amendments to the text of the Land Use Code; and 2�- 1111f'ii1?S4f11111 ,1.Nlttifirlei1.501p ttitClFCAnit11111 Receptlon8. 771781 07/21/2009 09:26:50 001 Jean Olberic0 2 of 29 Det Fee:SO.0/) Doc Fee:0.00 GRRflOLD COUNTY CO E. The Garfield County Board of County Commissioners, closed the public hearing regarding the proposed amendments on July 7m, 2009 and approved (by a vote of 2 to 1) said amendments to the text of the Land Use Code; and F. The Board of County Commissioners, 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 Board of County Commissioners. 2. The public hearing before the Board of County Commissioners 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. RESOLUTION NOW, THEREFORE, pursuant to the regulatory authorities set forth above, the Garfield County Board of County Commissioners does hereby APPROVE the attached copy of the amendments to the text of the Garfield County Unified Land Use Resolution of 2008 (Exhibit A). ATTEST: Dated this af2L day of A.D. 20O GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, CO +' a O ■��� rip til,Y.hY I.IFhkRaliii.Ri4L 1111 Reception*: 771781 07/21/2009 09:25:50 Rn dean faherioo 3 of 20 Rec Fee:$0.00 Doc Fao:0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN , Nay COMMISSIONER MIKE SAMSON , Aye COMMISSIONER TRESI HOUPT , Aye STATE OF COLORADO County of Garfield } )ss I County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of A.D. 20_ County Clerk and ex -officio Cleric of the Board of County Commissioners ■III !li intiliY,AW h ti IntAIM WI Ifill' itl.11,t /I III Receptiontt: 771781 07(21/2009 09:25:60 AN Jean Rlberico 4 of 28 Ree Fee,80.00 Doo Fes:0.00 6RRFIELD COUNTY CO EXHIBIT A New or Amended Uses in Article Ili and Article XVI 1. Include "Professional Office" as Limited Impact Review in the RL — GSLVI= zone district in Table 3-502; 2. Delete "Guest House" from the Use Tables and Definitions; 3. Include 'Dwelling - single unit" into the commercial zone districts as a use - by -right; 4. Include "Storage of Materials in a Building" in the RL - Gentle Slopes (as listed in Table 3-502) as a Limited Impact Review in the Plateau and Gentle Slopes zone districts; 5. Not include "Ski Lifts & Trails' in Table 3 — 501 as a use in the Rural and Public lands zone districts; 6. Amend the definition of "Development Process" in the following manner. 404) The process that Garfield County requires al! property owners to follow in order to obtain land use change permits. These processes are more fully described in Articles 1V and V of this Resolution. 7. Delete the symbols in Tables 3-501 and 3-502 that have strike-throughs; li. Old Code vs. New Code Issues: 1. Include the following language 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 full hW�PL'4,IhY hFliW4�N�1t'f+t�f.i � th4�,f44S{ifil,�I l 11111 Reception9: 771781 07121/2009 09:25,50 9i1 Jean 9lberica 5 of 29 R. Fee:50.00 Doo Fee:000 OPRFIELD COUNTY CO 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. Amend the following section 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 shah -may be deemed established for a period of three (3) years with the approval of a Site Specific Development Plan as defined in Section 1-202B of this Article. When a Site Specific Development Plan is approved • • • - _ 0 ' : ••- • , 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 nghts is may be 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, er the filing of a Final PUD Wan 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 vestinq period longer than three years 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 - = - • = • - ' _ = _ _" ' - 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 2 1u 1Mpt N�n�#i:fq,Y7i8,*11.filu 111 67/2728 09.25:50 511 Jean Albedo,"49 5 or 20 Rea Fee:$8.00 Doc Fea:9.69 Gi6tFIE1O COUNTY CO Board's approval of a Site Specific Development Plan may include such teens and conditions as may be reasonably necessary to protect the public health, safety and general welfare. altheugh-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 fhe 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. III. General Amendments 1. All "Certificates" required for different types of Plats in Article V, shall be placed in the Workbook and not be codified into the Code; 2. Add the recently approved "Gravel Regulations" (AKA Section 5.17 in the Old Code) to Section 7-917 of Article VII: Standards; 3. Planning Commission recommended that Amend Section 4-301 [Appeal of an Administrative Interpretation of These Regulations] such that Section 4- 302(B)(1) [Application] refers to Section 4-501(8). 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 (4-602-G 4-502(G)) 4. Amend Section 4-302(B)(4) 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 4 102 (G)--4-302 (C), Review Criteria for Appeal of an Administrative 3 11IIW1114.110,? 1!WI,I WIIttiN,Qi IFILMii11111 Receptlortit: 771781 07/21/2009 09,25:50 Aft Jean Rlbericc 7 of 28 Ree Fee:S0.00 Doc Fee:0.00 GARFIELD COUNTY CO Interpretation of These Regulations. A staff report shall be prepared pursuant to Section 4-103 E. 5. All the outlines of all the Articles be amended to match actual page numbers in the new code; 6. Relocate the "Use Restrictions" from Article 111 into Article VII: "Standards"; 7. Section 7-108 shall refer directly to the 'Roadway Standards" found in Section 7-307(A)(2) and eliminate Section 7-108(A) such that Section 7- 108 shall read as follows: 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. 8. Add in reference to Section 4-301(C) in paragraph 4-301(B)(5) to read as follows: 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 Section 4-301 (C), Standards for Approval of Variance Requests. A staff report shall be prepared pursuant to Section 4-103 (E). 9. Section 4-203 (Requests for Designation of Floodway or Flood Fringe Area) shall be amended to require an Administrative Process with a call- up provision to the BOCC; 10. 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. 11. Delete Sections 9 - 105(C) as it was a duplicate with Section 9 —105 (B); 12.Add in the following '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 added: 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: 4 ■iII N�'1Pl�d4Y,RRl IisW tY4�ll It .I Nii� 1 Rlii�l4N l II III Recepliontt: 771781 07121)2009 08:25:50 AM Jean Rlberioo 8 of 28 Rec Fee:S0.00 Doc Fee:0.00 GARFIELD COUNTY CO (1) Useable open space: Any land retained in an open manner having average slope of 25%or less across fhe 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; (4) Limited use open space: Any land to be retained as open space that has an average slope greater than 25%. 13. Amend 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." 14.Amend Section 3-306(A)(4) to state that RV's can be used in RV Parks for listed purposes for more than 180 days per year. 15,Amend 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 (459 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 commerciaUndustrial development where tractor trailer trucks will enter fhe property or by providing a T-shaped turnaround with a minimum fuming radius of fifty feet (50') for residential development and seventy-five feet (75') for commerclal/iindustrial 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 5 Ili h1��P�� ihi,AYJ f�cr��lr� l tial iforu,a , 11� 111 Reeeptlo&t: 771781 07of 2e 0e 09:25:50 81 o Fe R0.00 Go 9 of 2e Rev Fee:t0.00 poo Feo 9.00 GRRFIEIO COUNTY CO 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 tumaround with a minimum fuming radius of fifty feet (50) for residential development and seventy-five feet (757 for commercial4ndustrial 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. 16. Eliminate all references to a "Final PUD" in Article XI. That section is 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. &-Pre E. Final PUD Plan Reviow 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 wafer, existing and proposed wastewater treatment system; phasing if entire project is not being done at one time; unique features an the site which might enhance the site and proposed use; a discussion of the anticipated impacts and proposed mitigation. 6 111 te airvunni* I J0 a+atiP c# 11111 Recepilon#: 771781 07/21/2009 09:25:60 ?11 Jean R1berlco 10 of 28 Rec Fee:50.00 Daa Fee:0.00 GRRFIELD COUNTY CO {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. 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 -t ''°•" - - • - -- = • 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-Pev;i wv esedures- 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 7 1 ■ill El. m lih: fa& IifLi 'F0Cii Ntigh11 III Raceptlon8: 771781 07/21/2009 09,25:50 AM Joan A16erico 11 01 29 Roo Fee:P.00 Doc Fee:0.00 GARFIELD COUNTY CO received under Section 4403(0). , Roviow by Referral 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). view-PMeedUres: 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 5-203. 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. (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 shalt be made pursuant to Section 4- 103(F). , Not' 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. p 8 a d The of County Commissioners shall approve, approve he 8 1111 Pri. WIN 11111 Reception#: 771781 07/21/2009 09:25:50 Rn Jean Rlber1co 12 of 28 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 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. , 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. Ei cinaf oU=D • . - - ing--reviet�proceduros shalt apply -to -Final PUD--Plan-Review: 1. Application,—T 8 x 2. Detcrmirratier+--of octar shall roviow the application for determination t ones 3—Sc -.. . • , !- b Public--r+etise-o€ 103 F, Notice Roviow-Rraeederes •.s •x s.. 4: ---Evaluation by Directo#S completeness — sea}plianeo-with-The-applicable-s PUD--Approval-Standards, and proparo a staff report pursuant to • '- e final dool..4 .sx s 1 _ . •- :• . . s:- 9 1111 nliihitl'aik,'it.r:Piliq I fl ImEOCI•Ofetlerk 11111 Reception#: 771781 07121/2009 0925:50 0:1 Jean Rlber ico 13 of 28 Roc Fee .$0.00 Doe Fee:0.00 GRRFIELD COUNTY CO apptisation--for-€final- PUD Plan shall be De-,unty Ce a. Decision by --Beard. Following a publie-hearing-condactod 1-03-G-C©ndu vo, approve -with --• - - with--the-standards set forth in Section 6-203, PUD -Approval Standards: (1)-Apprevat-of-4ppllea€ie+ ti apptisatior-satisfies-all-of the-applisab 8 - - •' - "' - - - e - -lien-shalt-6s with- (2)_Denial-ef-Applieatienif.the-app4cation-fails to-atisfy any -ono of theapplicable-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. 10 1111 MlitinKJhINA71111uY 1K1 [! 111 Reception*: 771781 87/21/2089 09:25:60 W1 Jean Rlbe,ico 14 of 28 800 Fee:50.00 Dae Fea:D.08 GARFIELD COUNTY CO (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 alt 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.Amend Section 8 — 102 to say "Areas 1 through 5..." rather than °Areas through 5"; 18.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, 19. Add the 'Road Vacation" action and process as Section 4-110 in Article IV as a distinct process within the New Code; 11. VIII 1FA IMhiKJ11hVaIni i IriKWiriIeI CiN a 11111 Rsoaption8; 771781 07121/2009 09:25:5811r1 .lean Atberico 15 of 28 Rec Fee:$0.08 Doc Fee:0.00 GARFIELD COUNTY CO 20.Amend Section 4 – 103(F)) Notice provisions for Text Amendments in the following manner: 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 ovemight 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. 1 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. 12 �IIItgt;Whirilk'Kph ,1+i'tlKLITITM i4�4:11M11.41111 R/21126ona: 771781 06/21/2009 09:25:50 90 Jean 0/b"rico 16 01 20 Ret fee:$0.00 Doc P...0.00 O08PIELD COLOTY CO 21.Amend 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." B. Reclamation of Disturbed Areas. Areas disturbed during development shall be restored as natural -appearing landforms that blend in with adjacent undisturbed slepes topography. 22. Delete brackets in Section 7-212(A)(2) on page 7-27; 23. Delete the word "slushiness" in 7-212(B)(4) on page 7-28; 24. Section 7-104 on page 7-1 shall refer to Section 7-105 for adequate water supply; 25. 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 Ap en „a 26. Eliminate the redundancy for water quality from 7-104(A)(3) and (B)(2) on page 7-2; 27.Amend the references in "C” on page 7-4 from 7-104 to 7-105. Same is true for "7" on page 7-5; 28.Add in the following Supplementary Regulations from old Code into Section 3-301 of Article III: Yards: The following requirements shall be observed in all zone districts: f1) 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; (2) Corner Lots: on lots bordered on two (2) contiguous sides by streets, the required front yard setback shall be observed along both streets; 13 1111 J iINR:TlfAIilltLi01S414N CI l 11111 Recept long: 771781 07/21/2009 09:25:50 RM Jean 01b*Ico 17 of 28 Rao Fve.80.00 Coo Fee:0.08 GRRFIELD COUNTY CO f3) Two-family Dwellings: for purposes of setback calculations, a two- family dwelling shall be construed as one (1) building occupying one (1) lot; f4) 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; f5) 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; f6) Projections: every part of a required yard shall be unobstructed from ground level to the sky except for projections of architectural features as follows: comices, sills and omamental 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; f7) 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 tot line when there is not an adjacent alley. An adjacent alley shall observe a ten (10) foot setback from lot line; f8) Accessory Structure in Required Yards: (Except as provided in the following Section (9), "Accessory Structures — Agricultural Property', which applies to the Rural, Rt (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. 14 1111 mi.coat, viiia ,r litatIAFIVICY01,411 Reception9: 771781 07/21/2009 09:25:60 RM Jean Rlberiee 19 of 28 Rea Fee:50.00 Dec Fee:0.00 GARFIELD COUNTY CO (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. 29. Delete Section 4-106(13)(5)(b) requiring Major impact Reviews to be referred to the Planning Commission: fallowing -criteria: 15 1,111let rili f.111 11t14I#v flfsfll �hlil�Vh 11V1CM i 11111 07/2P20090: 771781 07/21/2809 09:25:50 99 Jean Rlber.00 19 0l 28 Roo fee:EO.00 000 fee:0.00 GPRF/6ID COUNTY CO 30.Amend the "Administrative Process" described in Article IV, Section 4- 104 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. .- 9: •-• •.e. 8. Review Process. 1. Pre -Application Conference. A pre -application conference shall be held in accordance with the provisions of Section 4-103(A). ; Pis - 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 6empletsness. 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, retum 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 proposedland 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.) 16 R1 Iriit!Wti: l7h7L llhYliir.liinIC411:i:INI 07/2112009 1I III 09:25:60 4N/ Jean R16arico 20 of 28 Rec Faa:E0.98 Doc Fea:0.00 G6RFIELD COUNTY CO 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). , Review by Referral AgK day period after tho Diroctor's 0 -be -submitted, 5. Director Decision. Within thirty (30) working days of the date of determination of completeness, 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. - 6. Written Notice of Decision. The Director shall inform the applicant and the Board of County Commissioners of the approval, conditions of approval or basis for 17 11116WA1WAPIP%IA 1111 Reception##: 771781 0712112009 09:25:50 An Jean filberico 21 of 28 Reo Fee x0,00 Coo F.., 0.00 CGRFIEID COUNTY CO denial in writing within five (5) working days of the date of decision. Na •- - ' 0- • '' •- .._ ._ - _.. . 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 heating 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 18 ill!NithdiratwI .ffKirifi:Vlh UIIfl il5. 07/21/2009 09 25,50 AM .lean Albarice 22 or 20 Rec Fee:$0.00 Deo Faa:0.00 GARFIELD COUNTY CO 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), 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- Artele-WITStarleards. 2. Call-up by Board. Within fourteon (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 kr-which-proper 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 properly 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 standard 31.Amend the Administrative Process notice requirements as follows: I9 ■III lntWlhK.t"10.1hitVOILliMM+i1e4,ti111110t 11III Reception*: 771781 07/21/2609 09:25:50 A11 Jean Alberico 23 of 26 Rec Fee:$0.00 Doc Fee:0.0o GARFIELD COUNTY CO 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. 32.Amend Section 9-104 "Development Plan Submission to indicate three copies need to be submitted rather than eight copies; 33.Amend the last sentence reference in Section 7-104 to refer to Section 7- 105. 34. Replace Section 8-102 with new language as follows: 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.] IV. General References & Typographical Errors Correct the following 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 shall read "more than four"; 3. Numerous corrections shall be made 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) shall be amended to add inspection and "Authority For" Order to repair; 20 111niincla2l!ll, tmlArti.lopcncac=iii 111 Receptlon8: 771781 07/21/2009 09:25:50 011 Jean Alberico 24 of 29 Rec Fee:90.00 Doo Fee:0.00 GARFIELD COUNTY CO 5. Article VH Table of Contents under Section 7-106 add the word 'central" between Adequate & Water; 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: remove the word "additional" between Description of & Submittal; 8. Article III Table of Contents Section 3-309 "Day Care Center": replacing "Day Care Center" with "Family Child Care Home"; 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 shall be 3-404" and "Airport/Heliport Influence Area Overlay shall be 3-405"; 10. Under the Main Table of Contents at the beginning of the code, the following corrections are made related to wording: i. Under Division 3 Section 3-309: Replace "Day Care Center" with "Family Child Care Home." H. 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. N. 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: Change the title of that Section to read "Areas and Activities of State Interest". 11.On page 4-15 in Section 4-105(B)(2): Change "Section 4-601 E" to "4-501 E"; 12.On page 4-17 in Section 4-106 B 2: Correct within that Section the reference number to read "4-502 F" instead of 4-601F; 13.On page 4-19 in Section 4-107 B 2: Correct within that Section the reference number to read "4-501H" instead of 4-601H; 21 1111 RW'1i1011tKAhY'A'11 III Reception8: 771781 07121!2009 09:25:50 8l Jean Rlterico 25 of 28 Rec Fee,$2.00 Doc Fee:0.00 GARFIELD COUNTY CO 14.On page 4-32 in Section 4-203 B 2: Correct within that Section the reference number to read "4-501 C" instead of 4-601C; 15.On page 4-47 under Division 5, Section 4-501: 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(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), & (1): 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 shall be 4-502(1) instead of 4-602(J); 22.AII referenced sections for vicinity map, site plan, erosion & sediment control plan, landscape plan, impact analysis, land suitability, improvements agreement, etc.: Correct referenced section numbers through out the code; 23.On Page 4-53 through 4-55: Correct number of sections and subsections. Shall read 4-501 K 5 E, F, G, H, 1, J & K; 24. Under Section 4-501(K)(5)(G): 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: Add period after the numbers; 27.On page 4-71 Section 4-503(A): Correct referenced Section to read "4- 502(C)(3)" instead of 4-602(C)(3); 22 KU M.PIlhKlhftiT.117{1141Y Un'd,t flNWIaIfCili11111 Reeeptionp: 771781 07/21/2099 09:25:59 RM Jean R1berico 26 of 29 Rae Fee:$0.00 Doe Fee:0.00 IiRFiELD COUNTY CO 28.On page 4-74. Under what is labeled as Section 4-505 shall be labeled as Section 4-504 instead; 29.On page 5-28 under Section 5-501(A) items 1-4. 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: Correct referenced section to read "4-502(C)(2)" instead of 4-502(C)(2); 31.On page 5-29 under Section 5-501(C): Correct referenced section to read "5-405' instead of 5-406; 32.On page 5-29 under Section 5-501(D): 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: Correct all of those section numbers—referenced incorrectly. Item 2 shall be 4-502(C). Item 6 shall be 4-502(E). Item 7 shall be 4-502(D). Item 8(E) shall be 4-502(C)(4). Item 9 shall be 4-502(1); 34.On page 5-30 section 5-501(E) item 2 shall 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 shall be referenced as 4-502(C)(5); 37.On page 5-30 Section 5-501(E) item 8 shall be referenced as 4-502(1); 38.On page 5-31 Section 5-501(G) item 2 shall be referenced as 4-502(C)(2); 39.On page 5-31 Section 5-501(G) item 6 shall be referenced as 4-502(C)(5); 40.On page 5-31 Section 5-501(G) item 7 shall be referenced as 4-502(E); 41.On page 5-31 Section 5-501(G) item 8 shall be referenced as 4-502(D); 42.On page 5-31 Section 5-501(G) item 11 (e) shall be referenced as 4- 502(4); 43.On page 5-31 Section 5-501(1) item 2 shall be referenced as 4-502(C)(2); 44.On page 5-32 Section 5-501(J) item 2 shall be referenced as 4-502(C)(2); 45.On page 5-32 Section 5-501(J) item 5 shall be referenced as 4-502(D); 23 1 ■iiit �i ,N111n ��.rlitl�i i •r++ri g{�� 111 Receptloil: 771781 07/21/2009 09:25:50 GIM Joan arb.rion 27 of 28 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO 46.On page 5-32 Section 5-502 A item referenced shall be 4-502(A); 47.On page 5-32 Section 5-502(6) item referenced shall be 4-502(B); 48.On page 5-32 Section 5-502(C) item 1 referenced Section shall be 4- 502(C); 49.On page 5-50 Section 5-502(0) referenced section shall be 4-502(E); 50.On page 5-51 Section 5-502(E) referenced Section shall be 4-502(0); 51.On page 5-51 Section 5-502(F) referenced Section shall be 4-502(D); 52.On page 5-52 Section 5-502(H) referenced Section shall be 4-502(H); 53.On page 5-52 Section 5-502(1) referenced Sections shall be 5-402 and 5- 404(6)(7)(6); 54.On page 6-18 Section 6-301(C) item 11 referenced Section shall be 4- 502(E); 55.On page 6-18 under Section 6-301(C) item 12 referenced Section shall be 4-502(D); 56.On page 8-5 Section 8-302(6) listed as items 4 & 5 shall be numbered as items 3 & 4. (Numbering problem); 57.On page 8-20 listed in code as Section 8-406 Grievance Procedures shall be listed as Section 8-405 58.On page 8-22 listed in code as Section 8-407 Periodic Review of Affordable Housing Guidelines shall be listed as Section 8-406; 59. Cross references from subdivision and land use permits to "submittal Requirements" shall be changed to 4-502 rather than 4-602; 60. Eliminate Section 9-105(C); 61. Section 1-303(6)(2) shall 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) shall refer the reader to Section 4-501(B) rather than 4-601(6) for the required Application materials. Finally, Section 4- 501(6)(2) shall refer the reader to Section 4-502(G) rather than 4-602(G); 24 11111+11114KAPVILII1441,01 1061.6141iM iGSfki 11 111 Receptlon8: 771781 07(2112009 09:25:50 RM Joan Rloerico 28 of 28 Rea Foe:S0.08 800 Fee:0.00 GARFIELD COUNTY CO 62.1-106(A) change "adhered" to "met" or "satisfied"; 63.6-203, page 6-9 type in reference to Divisions, 3 is listed twice. Insert "2". 64.12-107(B)(2) "land owner" and land owners" shall 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 October 18, 2008, as amend; ii. Page 8-1, purpose, point 1 — shall reference study areas 1 through 5 iii. Section 8-102, page 8-2 — This article only applies to development of ownership housing. iv. Pages 8-3 and 8-9 —Leave references to "AAHE"? v. Page 8-6 Deed Restriction paragraph runs to the next page and shall not be broken into two points. 67. Page 7-126, Section 7-821(D)(1): The last word shall 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 shall be to Section 7-821 which is applicable to storage standards. 69. Page 12-3, Section 12-103(B) (3`' to last line) shall refer to Section 12-107 and not 12-106. 70. Delete the requirement for obtaining a grading permit as currently required in Section 7-917(H) of the Gravel Regulations. 71. Remove "Director" from Sections 4-202 (B)(3)(b) and 4-202 (B)(6)(a); 25