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HomeMy WebLinkAbout2.0 Staff Report BOCC 9.13.10Exhibits for BOCC Public Hearing held on September 13, 2010 for a Text Amendment Proof of Publication se Resolution of 2008, as amended Garfield ive Plan of 2000 Staff Memorandum dated 0911312010 Exhibit Letter fA'to Zl . Exhibit A B C D E F G H I J TO: FROM: RE: DATE: MEMORANDUM Garfield County Board of County Commissioners Fred A. Jarman, AICP, Director Building & Planning Department Text Amendment to section 4-1Og(C)(8)(a)(1) of the lJnified Lond use Resolution of 2008, as omended (ULUR) elL3l2oLo I. BACKGROUND Recently, the Board of County Commissioners (BOCC) was petitioned by members of the public to ,,waive" the current requirement in the ULUR (Section 4-103(GXSXaX1)) that only allows for a 1- year extension of Preliminary Plans before they expire. The basis for the request for this waiver was primarily due to the general poor state of the economy where approved Preliminary Plans could not either 1) keep their existing financing or 2) could not get new financing to carry the project towards Final plat approval and actual site development. The Board of County Commissioners has waived this requirement for the following approved Preliminary Plans: While the BOCC has waived this existing 1-year extension to allow for an additional year for an applicant to file a Final Plat application with the County, the BOCC has directed Staff to draft a text amendment to provide more flexibility in this requirement so that the BOCC has the discretion to approve or deny future extensions based on standards rather than a hard line deadline with no flexibility. As a result, Staff has reviewed many similar counties in the state to see what other options are being used. The next section provides these options. II. EXAMPLES OF OTHER COUNTY REGULATIONS A. Meso CountY An approved Concept Plan shotl lapse ond be of no further force ond effect if a complete Final Plan application for the subdivision, or o phose of the subdivision has not been submitted within one (1) year of the date of Concept Plon approvol by the Plonning Director (date of approval document)' One (1) extension of time up to eighteen (18) months may be opproved by the Plonning Director upon review of a written request when deemed necessory to resolve review comments or due to unforeseen circumstances. lf approvol lapses, the Plonning Director sholl record o lopse of opprovol offidavit with the Mesa County Clerk and Recorder. B. Douglas CountY preliminary plan approvals shall be valid for one year from the date of opproval by the Board of County Commissioners. An extension moy be granted by the BOCC if the Applicant con demonstrate an extension is worranted for the following reosons: 1) An extension request shall include a fee and a narrative stating the reosons for the applicont's inabitity to comply with the specified deadlines, listing any chonges in the chorocter of the neighborhood, any changes in the County Master Plon, Zoning Resolution or this Resotution that have occurred since approval of the plon os these changes offect the plan and the anticipated time schedule for completing the plotting pracess. 2) A fee schedule is available from the Planning Office. Additional review of the plan may occur resulting in odditional conditions as applicable. C. Pork CountY Approvol or conditionol approval of a Preliminary Plan sholl be valid for twenty-four (24) months folowing the dote of opprovol or conditionol approval by the Boord of County Commissioners. The Boord of County Commissioners moy extend such period for not more than twelve (12) odditional months upon written request of an Applicant only where the Appticant establishes to the sotisfaction of the Boord of County Commissioners that the Applicant is reasonably pursuing completion of a Preliminary Plan. D. Fremont CountY Approvol of the Preliminary Plan shall be effective for eighteen (18) months. Thereafter, approval of the preliminory plan wilt be deemed expired unless oll contingencies have been satisfied ond o Final ptat has been submitted to the Boord, or an extension has been granted by the Boord. Whenever o Finat plot is submitted for less than the entire oreo covered by the Preliminory Plon, opproval of the preliminory plan for the remaining unplotted orea sholl be extended for an additional eighteen (18) months. E. Archuleta CountY preliminory plon approvol sholt be votid no longer than one (1) year. tn the event o Final Plat is not submitted to the plonning commission within this time, the Preliminory Plan opproval becomes null and void and of no further force nor effect. An extension of time moy be applied for on the basis of u nf o re se en ci r c u m sta n ce s. F. Boulder County 1 year with the ability to request on extension of 1 year. G, Routt County preliminary Subdivision Plon opproval sholt be effective for a moximum period of twelve (72) months unless, upon opplication by the subdivider, dn extension is allowed under one of the following: 1) The Board of County Commissioners gronts on extension; or 2) Whenever a finot plat is submitted for less than the entire oreo covered by the Preliminory Subdivision plon, opprovol of the Preliminary Subdivision Plon for the remaining unplotted orea sholl be extended for an odditionol twelve (12) months. The totol allowable extension under this method shall not exceed (35) months. H. Broomfield CountY The preliminory plot shott be valid for one yeor from the dote of opprovol, or such longer time as may be indicated in an approved finat plat approvol schedule. The validity of the preliminary plat may be extended by the land use review commission if it is sotisfied thot the preliminory plat remoins consistent with current stondards ond specifications and review standords. ilr. DlscussloN As shown above, it is common for county development regulations to have some type of requirement that limits Preliminary Plan approvals to about 1year. These regulations also generally provide for limited 1-year extensions. lnterestingly, most of the regulations we examined, did not have any standards or criteria by which an extension may be granted. Why do most development regulations include time limits for Preliminary PIan approvals? lt is in the county's interest that subdivisions (and their expected impacts) occur in a logical, planned, and anticipated manner so that it is reasonable for the public and developers to expect when certain improvements and disturbance will occur. lt is in this way that future development can occur in a logical fashion and does not adversely affect the surrounding area. Also, as "paper" approvals are allowed to linger for years without actual development taking place, the surrounding area will likely contlnue to change and develop which may have unanticipated consequences either on the development or the surrounding area when that development actually occurs. ln other words, the surrounding environment (roads, water / sewer service, other development pressure, access, etc.) in which the. development was first approved will likely continue to evolve and change resulting in unanticipated consequences possibly resulting in a disjointed or illogical development pattern. At the very least, while there may be very good reasons why a Preliminary Plan cannot proceed to Final Plat, it should at least be examined to ensure it is viability and the surrounding area has not changed to such a degree that if the project were to proceed, it would not have an adverse affect on the area. Staff believes with the right standards / criteria, extensions may be granted beyond a certain timeline so long as a review can occur. IV. PROPOSED LANGUAGE CHANGE BY PLANNING COMMISSION Based on the review of other counties and the discussion by the Planning Commission on July 14, 2010, the Planning Commission presents the following amendment to Section a-103(G)(8XaX1): Conditional Approval. The Board's decision to approve or conditionally approve the preliminary plan, minor exemption, major exemption or rural lands development exemption shall be effective for a period of up to one year or until the final or exemption plat has received a Determination of Completeness pursuant to Section 4-103(C), Determination of Completeness, whichever occurs fi rst.I lapses, the P Director shall r of approval the Garfield Countv Clerk and Recorder. prior to expiration of the-e+igjnal anv approval, the applicant may make a e{c€+ime request for an extension e+-up+e--ene-Vea+ to the Board of County Commissioners. The Board mav grant an extension of up to two vears based on a request containing the following submittal requirements: a. Fee b. A narrative stating the reasons for the applicant's inabilitv to complv with the sPecified deadlines of this section such as unforeseen circumstances and a demonstration of how the icant is reasona submission of Plat, listi Criteria: The Board of CountV Commissioners maV approve an extension if it finds that the extension not result in anV inconsi een conditions al, the Com Plan, the Unifiecl Land Use Resolution of 2008. as amended or that anv inconsistency can be mitigated bv specific conditions. Should a change be required to anv conditions of approval, thev sha in the Countv's Unified land Use Resolution of 2008, as amended. ed public heari to Section 4-103(F) of nified Land Use n of 2008 as amended. V. RECOMMENDED MOTION "l will make a motion to approve the proposed amendments to Section 4-103(GX8)(a)(1) of the Unified Land Use Resolution of 2008, as amended which are attached as Exhibit A with the findings set forth below:" 7. That the public 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 amendment 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 proposed text amendment is consistent with applicable standards of the Unified Land Use Resolution of 2008, as amended, and complies with the Garfield County Comprehensive Plan of 2000, as amended. 5. The proposed text amendment does not conflict with State statutory provisions regulating land use. Exhibit A Section a-103(G)(8)(a)(1) Conditional Approval. The Board's decision to approve or conditionally approve the preliminary plan, minor exemption, major exemption or rural lands development exemption shall be effective for a period of up to one year or until the final or exemption plat has received a Determination of Completeness pursuant to Section 4-L03(C), Determination of Completeness, whichever occurs first. lf approval lapses, the Planning Director shall record a lapse of approval affidavit with the Garfield Countv CIerk and Recorder. Prior to expiration of the-erjg+Ral anv approval, the applicant may make a €fi€+ime request for an extension €f,+p-t+-en€-+ea+ to the Board of County Commissioners. The Board may grant an extension of up to two vears based on a request containing the following submittal requirements: a. Fee b. A narrative stating the reasons for the applicant's inabilitv to complv with the specified deadlines of this section such as unforeseen circumstances and a demonstration of how the applicant is reasonablV pursuinq submission of a Final Plat, listing anv changes in the character of the neighborhood. anv changes in the Countv's Comprehensive Plan, and the Unified land Use Resolution of 2008. as amended. Criteria: The Board of Countv Commissioners mav approve an extension if it finds that the extension does not result in anv inconsistencv between conditions of approval, the Comprehensive Plan. the Unified Land Use Resolution of 2008, as amended or that anv inconsistencv can be mitigated bv specific conditions. Should a change be required to anv conditions of approval, thev shall onlv occur in a noticed public hearing pursuant to Section 4-103(F) of the Unified Land Use Resolution of 2008. as amended.