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Home My WebLink About1.0 Staff Report 7.14.10Exhibits for PC Public Hearing held on July 14,2010 for a Text Amendment A Proof of Publication B Garfield County Unified Land Use Resolution of 2008, as amended c Garfield County Comprehensive Plan of 2000 D Staff Memorandum dated 0711412010 E F G H I J Exhibit Letter (A to Z) Exhibit FROM: DATE: MEMORANDUM Garfield County Planning Commission /A Fred A. Jarman, AICP, Director Building & Planning Department/\7 ' t' 4 Text Amendment to Section 4-103(GX8)(aX1) of the Unified Land Use Resolution of 2008, as amended (ULUR) July 14, 2010 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. Mesa County An opproved Concept Plan shall lapse ond be of no further force and effect if a complete Final Plon applicotion for the subdivision, or a phase of the subdivision hos not been submitted within one (1) yeor of the date of Concept Plon opprovol by the Planning Director (date of opproval document). One (1) extension of time up to eighteen (78) months may be approved by the Plonning Director upon review of o written request when deemed necessory to resolve review comments or due to F, Boulder County 1 year with the obility to request on extension of 1 yeor. G. Routt County Preliminary Subdivision Plan approvol sholl be effective for a maximum period of twelve (12) months unless, upon applicotion by the subdivider, on extension is allowed under one of the following: 1) The Board of County Commissioners grants on extension; or 2) Whenever o finol plat is submitted for less thon the entire orea covered by the Preliminory Subdivision Plon, approvol of the Preliminory Subdivision Plon for the remoining unplatted area sholl be extended for on additional twelve (12) months. The total allowable extension under this method sholl not exceed (36) months. H. Broomfield County The preliminary plat shall be valid for one year from the dote of opprovol, or such longer time as moy be indicoted in on opproved final plat approval schedule. The validity of the preliminary plat moy be extended by the land use review commission if it is satisfied thot the preliminory plot remains consistent with current stondards and specifications ond review standards. ilt.DISCUSSION As shown above, it is common for county development regulations to have some type of requirement that limits Preliminary Plan approvals to about 1 year. 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 Plan 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 "papef'approvals are allowed to linger for years without actual development taking place, the surrounding area will likely continue 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 unforeseen circumstoncrr.fforOrovol lapses, the Plonning Director shall record a lapse of opproval offidavit with the Mesa Cointy Clerk and Recorder)\ B. Douglos County / opplicont's inability to comply with the specified deadlines{listing ony changes in character of the neighborhood, any !nJ!1e County Moster Plon, ution that hove occurred since opproval of the plon os these changes offect the plan and the anticipated time schedule for completing the platting process. 2) A fee schedule is ovoilable from the Planning Office. Additional review of the plan moy occur resulting in additionol conditions os applicoble. C. Park County Approvol or conditional opproval of o Preliminory Plon sholl be volid for twenty-four (24) months following the date of opproval or conditional approval by the Boord of County Commissioners. The Board of County Commissioners moy extend such period for not more than twelve (12) additional months upon written request of an Applicont only where the Applicont establishes to the satisfaction of the Boord of County Commissioners thot the Applicant is reasonably pursuing completion of o Preliminary Plon. D. Fremont County Approval of the Preliminary Plon sholl be effective for eighteen (18) months. Thereafter, approval of the preliminary plon will be deemed expired unless all contingencies have been satisfied ond o Finol Plat hos been submitted to the Boord, or on extension has been gronted by the Board. Whenever a Finol Plat is submitted for less than the entire areo covered by the Preliminory Plon, approval of the Preliminary Plan for the remaining unplotted orea shall be extended for an additional eighteen (18) months. E. Archuleta County Preliminary Plan opproval shall be valid no longer than one (1) year. ln the event a Final Plat is not submitted to the Plonning Commission within this time, the Preliminory Plon approval 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 or ese e n ci r c u m sto n ces. Preliminary Plon approvols shall be volid for one year from the date of approval by the Boord of ,1^\ County Commissioners. An extension may be granted by the BOCC if the Appticant con demonstrat{ -, ) on extension is worranted for the foltowing reosons: / *\) / '-/1) An extension request shall include a fee and o norrotive stoting the reasons /or the \ Exhibit A Section +-L03(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 4-103(C), Determination of Completeness, whichever occurs 1D. anv approval, the applicant may make request for an to the Board of Countv Commissioners. The Board mav grant an extension a. Are*, >$*itht, 11 the reasons f,licant's inabilitv to complv wi is section such as unf stances and a demonstration t;rV^r !>t: fr Criteria: The Board of Countv Commissioners mav approve an extension if it finds that the extension does not result in anv inconsistency between conditions of approval, the C Plan, the Unified Land solution of 2 as amended or inconsis mitieated ld a chanse be required to conditi roval, thev shall hearine pursuant 4-103(F) of the Unified Land Use Resolution of 2008, as amended) , ,r/ ,r/ , /r 7 J L (\ il\ ^ t'('\ [,r, Ad rD lst oseog I Date 0512712010 PUBLIC NOTICE TAKE NOTICE that the Board of County Commis- sioners and the Plannlng Director have iniliated certain amendments to Section +-t Og(G)(e)(a)(t )'Conditional Approval" and Section 4-103(F)(4) "Notice of Public Hearing" of the Garfield County Unified Land Use Resolution of 2008, as amended (the Code). This action requires a recommenda- tion from the Garfield County Planning Commis- sion in a noticed public hearing. This text amend- ment is a legislative action that applies to the entire Garf ield County jurisdiction. The proposed a mendme nt to Section a-l03(G){8)(a)(1) would allow for more than one extension for an approved Preliminary Plan based on certain circurnstances and review cri- teria. The current code is as follows: Section a-l a3G)@) (a) {1 ) Conditional Approval. The Board's decision ta approve or conditionally approve the preliminary plan, minor exemption, major exemption or rural lands development ex- emption shall be effective for a period of up to one year ot until the final or exemption plat has re- ceived a Determination of Completeness pursuant to Section 4-1A3rc), Determinatian of Complete' ness, whichever occuts first. Prior to expiration ol the original approval, the applicant may make a onetime request for an extension of up to one year, upon a demonstration ol why the original condi' tions o{ approval cannot be met. The proposed amendment to Section 4-103(FX4) would not require a legal descrip- tion be provided for text amendments to the Code as it is a legislative action applying to all of the political jurisdiction of Garfield County, The current code is as follows: Section 44asF)H). The notice shall include the property's legal description. a short narrative de- scribing the current zoning and the proposed land use change, and an announcement ol the date, time and location of the scheduled hearing, and the names of the owners of the property and their d es ig n ate d rep r ese nt ativ e. All persons affected by the proposed amendmenls are invited to appear and state their views, pro- tests or support. lf you can not appear personally at such hearing, then you are urged to state your views by letter, as the Planning Commission will give consideration to comments in deciding wheth- er to recommend approval of the proposed amendments. The dra{t amendments may be re- viewed at the office ol the Planning Department lo- cated at'l 0B 8th Street, 4th Floor, Garfield County Plaza Building, Glenwood Springs, Colorado be- tween the hours of 8;30 a.m. and 5:00 p.m., Mon- day through Friday. This public hearing where the Planning Commis- sion shall make a decision regarding these amendments has been scheduled f or July 14, 2010 at 6:30 PM which will be held in the County Commissioners Meeting Room, Garfield County Plaza Building 108 Bth Street, Glenwood Springs, Colorado. Published in the Cifizen Telegram on June I0, 2010. [5103809] Ad shown is not actual print size Time 5:30 PM '*.:::.:"::xlilitt[tt-tti":l-fi H$f$$$ff$l*Ifffffi$*h ^n}fOlAi*S*"rrl,tt'":tS"'"".-'**^^*,""'*tglii""""n .-,oocp,or1o,l, \ i=, xs**t"*,*;,:'."*;mtg,#,*fi*,*_ffi*, Tflfrilli'"iffiH:iffili'ij-*:j:;;-ffiffi i,#:,:il:f;rffiil'*,..';;**ni'I*,";,X,t*:r.*;t*," f ,*, '':,'#'i''-**i:#:r[i:k*" -.-,,,.e0,d.:rriii;;::iii" p ease c.ns ( usiri:ft*,;S} :"].,." ;**, i;:';i#J#"!:i!{"ii*",*" or It e po\itt'- ' -.,,, lenorliil zonlng lj.ition.ol. ""i ea rePr"'- ^ :ll""lTl'"**.,.,",- t*ii;',1"'i'l*ll'ffip::;;'6eirde''' -^'o"pn"a{-l}isi,,,-** *84:$$itiE3$"3,$llt$ffi we,i,appears,ha,,here t"l,:i:r'It.=.ill*ll"};":{li*it?j":',::Plr;ti, -.Airrs ff#ffgffJi rrom: Fred Jarman \n tt;, G\env'J sent! Monday, Mav 17 Tolo rn.n- ^.. St(e *,,.Iiliff}!d+.?;i,:1o:o8AM HiMary- PUBLIC NOTICE TAKE NOTICE that the Board of County Commissioners and the Planning Director have initiated certain amendments to Section a-103(G)(g[a)(f) "Conditional Approval" and Section 4-103(FX4) "Notice of Public Hearing" of the Garfield County Unified Land Use Resolution of 2008, as amended (the Code). This action requires a recommendation from the Garfield County Planning Commission in a noticed public hearing. This text amendment is a legislative action that applies to the entire Garfield County jurisdiction' The proposed amendment to Section 4-103(GXSXaX1) would allow for more than one extension for an approved Preliminary PIan based on certain circumstances and review criteria. The current code is as follows: Section 4-103(G)(8)(a)(l) Conditional Approvol. The Board's decision to approve or conditionally opprove the preliminory plan, minor exemption, maior exemption or rurol londs development exemption sholl be effective for o period of up to one year or until the finol or exemption plot hos received o Determination of Completeness pursuant to Section 4-103(C), Determination of Completeness, whichever occurs first. Prior to expiration of the original approval, the applicont moy make o onetime request for an extension of up to one yeor, upon a demonstration of why the original conditions of opproval cannot be met. The proposed amendment to Section 4-103(F)(4)would not require a legal description be provided for text amendments to the Code as it is a legislative action applying to all of the political jurisdiction of Garfield County. The current code is as follows: Section 4-103(F)(4). The notice shall include the property's legal description, a short narrative describing the current zoning and the proposed land use change, ond an onnouncement of the date, time and location of the scheduled heoring, and the names of the owners of the property and their designated representative. All persons affected by the proposed amendments are invited to appear and state their views, protests or support. lf you can not appear personally at such hearing, then you are urged to state your views by letter, as the Planning Commission will give consideration to comments in deciding whether to recommend approval of the proposed amendments. The draft amendments may be reviewed at the office of the Ptanning Department located at 108 8th Street, 4th Floor, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a'm. and 5:00 through Friday. Monday This public hearing where the Planning Commission shall make a decision regarding these amendments has been scheduled for July 14, 2010 at 6:30 PM which will be held in the County Commissioners Meeting Room, Garfield County Plaza Building 108 8th Street, Glenwood Springs, Colorado. I Fred Jarman From: Sent: To: Subject: Attachments: Mary Borkenhagen Imborkenhagen@postindependent,com] Thursday, May 27,2010 6:37 PM Fred Jarman RE: Public Notice to PC 5103809 BOCC Receipts.pdf; 5103809 BOCC File.pdf Fred- I have set your notice to run in the Citizen on the 10t of June. Attached are copies for you to review. Thanks and have a great long weekend. --Mary B Vr,r-t r* t. Raa*zr*oaen- Legals Clerk Post lndependent . Citizen Telegram . Aspen Times Weekly . Snowmass Village Sun (970)945-8515 ext. 16705 Fax (970)945-8518 Mailing Address: Legals @ Post lndependent 2014 Grand Ave. . Glenwood Springs, CO 81601-4162 legals@postindependent.com , GPI - 1% Business Days Prior to PublicationI RCT - Friday @ Noon for Thursday Publication TDEADLINES nrw - ruonday @ 5:00 for Sunday Publication SVS- Friday @ Noon for Wednesday Publication Please consider the environment before printing this e-mail From : Fred Ja rma n [ma ilto :fi a rma n @ga rfield-cou nty.com] Sent: Thursday, May 27,20L0 11:10 AM To: Mary Borkenhagen Subject: FW: Public Notice to PC Hi Mary- Well, it appears that there will not be a PC meeting on717 as I had hoped (and sent you notice for) so, let's set it to be re-noticed prior to the June 14th in the Telegram (so that it runs 30 days prior to.luly 14th). Sorry for the confusion. The attachment t has been adjusted for you. Thanks- Fred From: Fred Jarman Sent: Monday, May L7,20L0 10:08 AM To: 'Mary Borkenhagen' Subject: Public Notice to PC HiMary- Here is another public notice for a hearing on July 7th. This notice needs to appear in the Citizen Telegram on or prior to June 7'h, 2010. Billthe Building & Planning Department. ' Thanks- Fred Call or email with any questions. Ad ID 51 03809 Date 05t2712010 Time 5:30 PM PUBLIC NOTICE TAKE NOTICE that the Board of County Commis- sioners and the Planning Director have initiated certain amendments to Section +-1 03(G)(B)(a)(1 ) "Conditional Approval" and Section 4-l 03-(F)(4) "Notice of Public Hearinq" ol the Garfield County Unified Land Use Resoluilort of 2008, as arnended (the Code). This action requires a recommenda- iion from the Garfield Countv Planning Commis- sion in a noticed public lrearihg. This text. amend- ment is a legislative action that applies to the entire Gariield County iurisdiclion. The proposed amendment to Section 4-103(GXsXa)(1) would allow for more than one extensidn icii an approved Preliminary Plan based on certain circLrnstances and review cri- teria. The current code is as followsl Section a -1 03 (G ) ( 8) (a) (1 ) Con diti ona I Ap pr oval. The Board's deiision ta approve or conditionally approve the preliminary plan, minor exemption. miior exemption or rural Iands development ex- em'ption sh€;il be eff ective for a period of up to one vebr or until the f inal or exemption plat has re''ceived a Determination of Completeness pursuant to Section 4-103(C), Determination ol Complete' ness, whichever bicurs first. Prior to expiratian of the original approval. the applicant may make a onetime request for an extension of up to one year, upon a deinonstration of why the original condi- lions of approval cannot be met. The oroDosed amendment to Section 4-103tFX4) would not require a legal descrip- tion b'e'dr6vided f or text amendments to the Code as'it is a legislative action applying to all of the political jurisdiction of Garfield County' The cuirent code is as follows: Section 4-103(F)(4). The natice shal! include the property's legal description, a short narrative.de- scritinj the Current zoning and the proposed land use chianae. and an ann-ouncement of the dale, time andiocation of the scheduled hearing, and the names of the owners o/ the property and their d esig n ate d rep rese nt ativ e. All persons affected by the proposed amendments are invited to appear and state thelr vlews, pro- tests or support. 'lf you can not appear personally at such hearinq, then you are urged to state your views bv letterl as the'Planning Commission will oive consideration to comments in deciding whelh- 5r to recommend approval of the proposed amendments. The draft amendments may be re- viewed at the off ice of lhe Planning Department lo- cated at 108 Bth Street, 4th Floor, Garfield County Plaza Building, Glenwood Springs, Colorado_be- tween the houls of 8:30 a.m. and 5.00 p.m., Mon- day through Friday. This oublic hearino where the Planninq Commis- sion'shall make i decision regarding these amendments has been scheduled for July 14, 2010 at 6:30 PM whiclr will be held in the Counly Commissioners Meeting Room, Garfield County Plaza Building 108 Bth Street, Glenwood Springs, Colorado. Published in the Cllizen Telegram on June 10, 2010. [5103809] Ad shown is not actual Print size Thu, May 27,2010 5103809 Ad Ticket #5 Name. Garfield Address. 108 8th 17 31:42 County Building Street - Ste 401 Gity: Glenwood SPrings State: CO Zip: 81601 ACCt: 10086e3 PhOne' (e70)e45-8212 E-Mail: Client: Callef: Fred Jarman _Receipt Ad Name: 51038094 Editions: 8CT/8PlN/ Start:06/10/10 Color: Copyline: 5103809 rct 07.1 4.2010 BOCC Original ld: 0 Class: 0990 Stop:06/10/10 lssue 1 ReP: Pl Legal's 3!tuffiIl{6 !r;,qa n* t+ 9dl L/ ,v,Y clFD': !.n.rs M lrr. 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