HomeMy WebLinkAboutResolution 2010-26®III WAIINV414OMd VIIIWAVilirilg Mni ■1111
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STA I"L OF COLORADO
County of Garfield
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At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held
in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday
the 19th of April, 2010, there were present:
John Martin
Mike Samson
Tresi Houpt
Deborah Quinn
Jean Alberico
, Commissioner Chairman
, Commissioner
, Commissioner
, Assistant County Attorney
, Clerk of the Board
Ed Green
(absent), County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2010-26
A RESOLUTION CONCERNED WITH THE APPROVAL OF A TEXT AMENDMENT
TO AMEND SPECIFIC PROVISIONS WITHIN THE UNIFIED LAND USE
RESOLUTION OF 2008, AS AMENDED, SPECIFICALLY PROVIDED FOR IN
EXHIBIT A (ATTACHED HERETO)
PARCEL NO# N/A
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received a Text
Amendment application initiated by the Planning Director to amend certain provisions of the
Unified Land Use Resolution of 2008, as amended which are specifically contained in Exhibit A
(attached hereto).
B. On February 24, 2010, the Garfield County Planning and Zoning Commission
forwarded a recommendation of approval with changes by a vote of 8-0 to the Board of County
Commissioners.
C. On March 1, 2010, the Board of County Commissioners opened a public hearing upon
the question of whether the Text Amendment should be approved, approved with changes, or
denied at which hearing the public and interested persons were given the opportunity to express
their opinions regarding the issuance of said Text Amendment.
D. The Board of County Commissioners closed the public hearing on April 19, 2010 to
make a final decision.
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E. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
1. That the hearings before the Planning Commission and Board of County Commissioners
were extensive and complete, that all pertinent facts, matters and issues were submitted
and that all interested parties were heard.
2. That the application has met the public notice and public hearing requirements of the
Garfield County Unified Land Use Resolution of 2008, as amended.
3. That the proposed text amendments have 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 proposed text amendments are consistent with applicable standards of the Unified
Land Use Resolution of 2008, as amended, and complies with the Garfield Count
Comprehensive Plan of 2000, as amended.
5. The proposed text amendment does not conflict with State statutory provisions regulating
land use.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that the Garfield County Unified Land Use Resolution of 2008, and
identified as its Resolution No. 08-115, as subsequently amended by this Board, shall be and
hereby is amended as shown on the attached Exhibit A and said language will be incorporated
into the codified Garfield County Unified Land Use Resolution adopted on October 13t, 2008:
ADOPTED this 1911- day of A -13-4^..i2--- , 2010
ATTEST:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COCOLORADO
erk of the Board Ch
Upon motion duly made and seconded the foregoing R: solution w.. adopted by the
following vote:
Mike Samson
Tresi Houpt
John Martin
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, Aye
, Aye
, Aye
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STATE OF COLORADO
County of Garfield
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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. 2010.
County Clerk and ex -officio Clerk of the Board of County Commissioners
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EXHIBIT A
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The following is a list of amendments approved by the BOCC on 4/12/10. [Generally, where text
is added it is shown as underlined, where text is deleted it is shown as stnckcn.]
1. Add the following definition of "Park & Ride Facility" to Article XVI:
Park and Ride Facility: A facility where commuters leave their personal vehicles in a parking lot
or parking garage and transfer to a bus, rail system, rapid transit, Tight rail or commuter rail,
or carpool for the rest of their trip. The vehicle is stored at the facility during the day and
retrieved when the commuter returns. Vehicles are not allowed to pawl at these facilities
Wit.
Additionally, a "Park & Ride Facility" shall be added to Tables 3-501 and 3-502 as a Limited
Impact Review in all zone districts except as a use -by -right in Public Lands.
2. Amend the following uses of "storage" in Tables 3-501 and 3-502 and include them as new
definitions in Article XVI:
Storage: Accessory Storage / Warehousing of Materials or Equipment within a
building: A commercial building for storage of goods, materials, and equipment
commonly used in commercial or industrial operations including, but not limited to
manufacturers, importers, exporters, wholesalers, transport businesses, customs,
etc.
ii. Storage: Cold Storage Plants: The storage of goods in an artificially cooled place for
preservation.
iii. Storage of Hazardous Materials: The act of storing hazardous waste which requires a
special state or federal permit;
iv. Storage: Supplies, Machinery, Equipment or Products: An area used for storing
machinery, equipment, or products generally associated with a commercial or
industrial activity;
v.
3. Replace the existing definition of Lot with the following definition in Article XVI:
Any legally created parcel of land, including but not limited to, lots on a legally recorded plat.
Contiguous lots are not automatically merged based on ownership. See Article V (Divisions of
Land) for merger.
4. Amend the existing definition of "Industrial Use or Activity" to the following:
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Industrial Use or Activity. Uses engaged in processing, manufacturing of materials from
either extracted or raw materials or from previously prepared materials resulting in a new
product designed for wholesale or retail sale. (Note, Article VII of this Resolution contains
specific review standards specific to Industrial Uses.)
5. Keep the use "Access Routes" as a use -by -right in all zone districts except add the following
text in both tables 3-501 and 3-502 to say: "except as reviewed as part of a land use
change permit."
6. Amend Section 5-501(1) Amended Plat as follows:
5-501(1) Amended Plat. The process for amending a Final Plat or an Exemption Plat is set forth
Section 5-306, Amended Plat and requires the following submittal materials and processes.
1_ Application Form and Fee
2. Vicinity Map 4-502(C)(2)
3. Preliminary Plan 5 501(G)
4. Final Plat, Amended Final Plat, Amended Exemption Plat
5. Subdivision Improvement Agreement, if necessary
7. Eliminate references to "Affected Property Owners" and instead refer to "Adjacent
Property Owners" as defined as:
An owner of record of any estate, right, or interest in real property which is adjac-e-Fit-o located
within 200 feet of the subject land or only separated by a publically owned right-of-way or
easement.
8. Replace the existing definition of "Adjacent" in Article XVI as follows:
Adjacent. Lying near or close to; sometimes, contiguous; neighboring. Adjacent implies that the
two objects are not widely separated, though they may not actually touch.
9. Add a new section: "S-SO1(K) Combined Preliminary Plan / Final Plat Submittal Documents"
as follows:
5-501(K) Combined Preliminary Plan / Final Plat. The Combined Preliminary Plan / Final Plat
requires the following materials:
1. Application Form and Fees
2. Vicinity Map 4-502(C)(2)
3. Final Plat Map ((5-502)(C)(51
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4. Yield Plan (Conservation Subdivision only)
5. Open Space Plan (If required)
6. Open Space Management Plan (If required)
7. Landscape Plan (Common Ownership Areas) 4-502(C)(5) (If required)
8. Impact Analysis 4-502(E)
10. Land Suitability Analysis 4-502(D)
11. Lighting Plan consistent with standards in 7-305(B)
12. Visual Analysis
13. Final Engineering Reports and Plans
a) Streets, trails, walkways and bikeways
b) Engineering design and construction features for any bridges, culverts or
other groundwater drainage structures to be constructed marked "approved
for construction"
c) Identification and mitigation of geologic hazards
d) Final sewage collection and water supply and distribution systems plans. If
approval from the Colorado Department of Public Health and Environment
(CDPHE) is required for these systems, such approval shall be tendered as
part of this submittal
e) Erosion and Sediment Control Plan 4-502(4)
f) Final documents demonstrating legal water including but not limited to
approved well permits, augmentation plans, substitute water supply plans
from a water conservancy district
g) Approved highway access permits from the Colorado Department of
Transportation, if applicable
h) Improvements Agreement including final cost estimates for public
improvements, Covenants and Restrictions and By-laws, Articles of
Incorporation for the HOA
1) The applicable Final Plat certifications (to be found in the Workbook in the
Building and Planning Department) which include listing all mortgages, liens
judgments, easements, contracts, and agreements of record regarding the
land to be platted. The Board of County Commissioners may require, at its
discretion, that the holders of such mortgages, liens, judgments, easements,
contracts or agreements shall be required to join in and approve the
application for Final Plat approval before such Final Plat is accepted for
review. All other exceptions from title shall be delineated. These
certifications are found in the Workbook in the Building and Planning
Department.
14. Delete Section 1-109(C)
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15. The definition of "Water Reservoirs" in Article XVI needs to end with a period instead of a
comma.
16. Amend Section 6-201(F)(2)(a) in the PUD Amendment section to read as follows:
No Substantial Modification. If the Director determines that the change does not constitute a
substantial modification to the approved PUD, the application shall follow the Administrative
Process in Section 4-104 of this Resolution. The Director shall determine the applicable submittal
materials.
17. Amend Section 6-301(C)(3) to add a subsection c:
Land Subject to a Conservation Easement: If land is subject to a conservation easement, the
applicant shall:
1) Submit a letter signed by the holder of the conservation easement stating that the
Application is consistent with the terms of the conservation easement;
2) Submit a letter signed by the holder of the conservation easement stating that the
Application is not consistent with or is prohibited by the terms of the conservation
easement;
3) Submit a letter signed by the holder of the Conservation Easement waiving the right to
comment on or participate in the Application process; or
4) Submit evidence satisfactory to the County showing that the holder of the conservation
easement has no right to consent to or join in the Application.
A copy of the conservation easement shall be submitted with other documentation of
ownership.
18. Amend the definition of Conservation Easement in Article XVI to include: "A Conservation
Easement is an interest in real property."
Conservation Easement. The right of the owner of a property to prohibit or require certain acts
with respect to the use of the property in order to maintain the property in a mariner that will
preserve its value for, but not limited to agriculture, recreation, education, habitat, open space,
or historical importance. A Conservation Easement is an interest in real property.
19. Relocate Section 12-106 "Mergers of Lots or Parcels" from Article XII to Article V as a new
Section 5-503.
20. Amend Section 7-309(B)(2) Easement Location to the following:
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7-309(B)(2) Easement Location: As applied to subdivisions, all utility lines, including
appurtenances, shall be placed either within public road rights-of-way or within the subdivision
easements or rights-of-way provided for the particular facilities in accordance with the
approved Utility Service Plan."
21. Delete Section 7-304(K) 1 thru 6 in their entirety and replace with: "Accessible parking shall
comply with the Counties adopted construction Codes and the adopted or most recent
Edition of CABOJICC ANSI A 117.1"
22. Amend Section 7-304(G)(2) as follows:
Grading. Parking surfaces shall be compacted and graded, with a minimum grade of two
percent (2%) for asphalt, one percent (1%) for concrete, and two percent (2%) for paving
blocks, gravel, or grass ring surface, to permit drainage of surface water without damage to
public or private land or improvements or otherwise determined by an engineer or as required
by applicable Codes and/or Statutes.
23. Amend Section 10-103(B)(3) to the following:
Alteration required by ADA. An alteration or expansion necessary to comply with applicable
accessibility Codes and/or Statutes.
24. The flow charts in Articles IV and V shall be amended to graphically reflect the adopted
processes.
25. Amend Section 9-113 "Amendments to a Development Plan" to include an amendment
process in the following way including call-up provisions to the BOCC by the Applicant, an
Adjacent Property Owner, or the BOCC:
Section 9-113 Amendments to a Development Man. Any proposal to change a development
plan approved under these Regulations shall require an application to the Planning Department
to determine whether the proposed change constitutes a substantial modification to the
approved plan. If the Planning Director determines that the change constitutes a substantial
modification, no such change shall be allowed to proceed until an application to amend the
approved development plan is filed with the Planning Director and approval granted in
accordance with these Regulations. The Applicant or its successor, the BOCC, or an Adjacent
Property Owner may appeal the Planning Director's decision to require an amended
the Board of County Commissioners, provided that any such appeal shall
be in writing and shall be filed with the Planning Director no later than 30 clays following the
date of the Planning Director's decision to require a development plan amendment. The
reconsideration of the Director's decision procedure is as follows:
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A. Reconsideration of Director's Decision by Applicant or Adjacent Property Owner
1. Request by Applicant or Adjacent Property Owner for Reconsideration of
Decision. An applicant or adjacent property owner may request reconsideration
of the Director's decision by the Board of County Commissioners. The
requesting party may file a written request within fourteen (14) calendar days of
the date of written notice of the decision by the Director to the Director of the
Building and Planning Department. The Director shall present the request for
reconsideration at the next regular meeting of the Board of County
Commissioners where the Board (by majority vote) may approve the setting of a
public hearing to reconsider the Director's decision_
a. Schedule Public Hearing. Public hearing by the Board of County
Commissioners shall be held within forty-five (45) calendar days from the
date the Board of County Commissioners decide to require a public
hearing.
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 applicant or Adjacent Property Owner 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. (Note- this shall
only apply to Land Use Change Permits which were originally approved in
a noticed public hearing.)
c. Notice to Adjacent Property Owners. At least thirty (30) calendar days
prior to the date of the scheduled public hearing, the applicant or
Adjacent Property Owner 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. (Note- this shall
only apply to Land Use Change Permits which were originally approved in
a noticed public hearing.)
d. Decision by Board. The Board shall conduct a hearing pursuant to the
provisions of Section 4-1031G), 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 set forth in Article VII, Standards.
2. Call-up by Board. Within fourteen (14) calendar days of the notice of decision by
the Director, any one member of the Board may, at their discretion, decide to
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reconsider the Director's decision. If that is the case, a Board member shall
require the Director to present the request for reconsideration at the next
regular meeting of the Board of County Commissioners where the Board (by
majority vote) may approve the setting of a public hearing to reconsider the
Director's decision.
a. Notice by Publication. At least thirty (30) calendar days prior to the date
of a 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 owner of the subject property (applicant) and owners of
record of all Adjacent Property Owners. 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 set forth in this Resolution.
B. Submittal Materials for Non -Substantial Modification / Amendment to Pipeline
Development Plan. The following submittal materials are required:
1) Application,
2) Payment of fees, and
3) A letter addressing how the change is not a substantial modification as well as
supporting materials to support such a position.
26. Amend Section 3 — 201(B) as follows:
Section 3-201(B) More than One Principal Use on Non -commercially / industrially zoned land.
A non-commercially/industrially zoned parcel
except for allowed agricultural uses, mining uses, or a combination thereof. may include
multiple uses approved as a Major impact Review or Limited Impact Review.
27. Delete Section 3-201(A) as follows:
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lot.
2. The ase has an ec-cupant load gr ater than or equal to 100 persons per lot.
3. The use has a wastewater flow greater than or equal to 2,000 gallons per day
per lot.
4. The lot does not satisfy minimum lot area requirements due to development
28. Amend Section 7-808(D)(1)(a) to read as follows:
At times of severe housing shortage, extremely remote locations or other emergency
conditions, special use permits for Major Temporary Employee Housing Facilities in the nature
of Factory Built Nonresidential Structures [as defined under C.R.S. 24-32-3302(9)] and/or
recreational vehicles [as defined under C.R.S. 42-1-102 (61), with the addition that such truck,
truck tractor, motor home or camper trailer is being used for temporary living quarters and not
recreational purposes] may be granted for projects within Garfield County related to
commercial, industrial, mineral extraction or highway operations of substantial size in any zone
district by the County Commissioners through the special use permit process. Such housing
shall be of a temporary nature. At the expiration of the permit, the lands shall be restored and
all housing structures and associated infrastructure shall be removed. Review of the permit
shall be subject to Section 4-106 of this code, as a Major Impact permit. All Major Impact
Permits for Centralized Employee Housing/Major Temporary Employee Housing Facilities are
subject to all applicable building code, state and federal permit requirements, fire protection
district requirements and fire code requirements. Major Temporary Employee Housing Facilities
shall have at least one of the following basic characteristics:
29. Add the following definition to Article XVI:
Onsite Wastewater Treatment System:
A compartmentalized water treatment system associated with an approved ISDS permit. This
system is intended to treat domestic wastewater generated onsite for reuse. Water treatment
technologies may include, but not be limited to reverse osmosis, microfiltration membranes
and/or distillation processes. This system is typically deployed as an alternative to vault and
haul wastewater disposal systems. Treated water output from the system may be utilized in
downhole drilling operations on the subject parcel. Any surface use such as dust mitigations,
soils compaction etc shall be appropriately permitted via local land use authorities and/or
CDPHE, as applicable.
Also, delete all references to "stored" water in Section 7-808
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30. Update reference to ISDS regulations in Section 7-808 from 1994H-136 to refer to
reference 2008-82 (the most recent resolution adopting the ISDS regulations).
31. Remove all references to "Applicant" in Section 7-808 and replace with "Temporary
Employee Housing Operator".
32. Add the following definition of "Temporary Employee Housing Operator" or "Operator" to
Article XVI:
Temporary Employee Housing Operator or Operator: The individual or entity that is the
permitee under the state or federal permit for the permitted Site and is therefore legally
responsible for installation, hook-up, operation and removal of Factory Built Nonresidential
Structures and/or recreational vehicles and all associated infrastructure used in a Small, Minor
or Major Temporary Employee Housing Facility as defined in Article XVI.
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