HomeMy WebLinkAbout2.0 Staff Report 5.3.2010Exhibits for Public Hearing held on May 3, 2010 for a Text Amendment for
1) Clarification to Requirements for Adequate water supplies; and
Z) Clarification for Legal Descriptions as they relate to Site plans for Limited / Major
lmpact Reviews and ExemPtions-
A Proof of Publication
B ffi Land Use Resolution o12099-as amended
c Garfield County Comprehensive Plan of 2000
D Staff Memorandum dated 05/03/10
E Proposed Language for "Adequate Wq!q!tgppfl
F PowerPoint Presentation regarding Legal Descriptions on Site Plans
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Exhibit Letter
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PUBLIC NOTICE
TAKE NOTICE that the Director of the Garfield
Countv Buildinq and Planning Departmenl is pro-
,"sn6 imJnd"ments to the Text of the Garf ield
bouniv Unified Land Use Resolution of 2008, as
Jmen,jeO. The Board of County Commissioners
ibt*rreU these amendments to the GarJield County
flannlng Commission and obtained their recom-
mJnOati'.,n in a noticed public hearing for the fol-
lowing amendments.
1) Clarif ication to Requirements for Adequate Wa-
ter Suoplies: and
zJ Ctaritication for Leqal Descriptions as theyre-
rdte to Site plans forLimited / Major lmpact Re-
views and ExemPtions.
All persons affected by the proposed amendments
aie invited to appear'and'state their views' Pr,9-
i*Jt* or support. 'lf you can not appg?r personally
at such hea'ring, thein you are u-rged to state yo.ur
Ji"ws bv letterl as the'Board of eounty Commis-
sioners iruill give consideration to the comments ot
=J"ou naing*prope rty ow ners' a nd .others aff ected,
in o"cloinglutreirrerio recommend approva,l of the
oroootedamendments. The draft amendments
in-av Oe reviewed at the off ice of the Planning-De-
par{me'nt located at 108 8th Street, 4th Flo^or,.Gar-
iieiO County Plaza Building' Qlelwood Spring:,
CbtoriOo between the hours of 8:30 a-m. and 5:00
p.r., tvtonday through Friday. Additionally' 3 qqPV
bt tne proposed amendments can be vleweo aI Ine
following internet address:
This public hearing where the, Board of Cou.nty
C;mmissioners shlll make a decision regarding
tf-.r*J* amendments has been scheduled for May
Std, 2010 at 1:15 PM which willte held in the
Co,inlv Commissioners Meeting Room, Garf ield
a;;rii Pliza Building 108 8th Street, Glenwood
Springb. Colorado.
Fublished in the Rif le Citizen Telegram and.the
Glenwood Springs Post lndependent on Aprll 1'
2010 [4803787]
Ad shown is not actual Print size
' Adi,
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TO:
FROM:
RE:
MEMORANDUM
Garfield County Board of County Commissioners
Fred A. Jarman, AICP
Director, Building & Planning Department
Proposed Text Amendments to the Unified Land Use Resolution of 2008
regarding Adequate Woter Supply & Legal Descriptions
Date:May 3, 2010
l. Background and PurPose
As expected and anticipated, as Staff has been administering the new Unified Land Use
Resolution of 2008 (the Code), we have identified substantive conflicts, mis-references,
typographical errors, unintended timelines, and unanticipated omissions of language
and regulatory provisions. ln order to resolve these issues, this memorandum contains
proposed amendments to the Code to address these identified issues to make the Code
more easily understood and user-friendly to the general public.
As you recall, the BOCC held a work session regarding how legal descriptions were to be
practically applied in the Code. Additionally, Staff suggested specific language changes
to the BOCC which the BOCC forwarded to the Planning Commission for their review. On
March 24, 2O!0, the Planning Commission reviewed and discussed the proposed
amendments and unanimously recommended the BOCC approve the changed that were
sent to them by the BOCC.
Additionally, Staff has identified several mis-references and needed clarifications to
Article 7 that deals with "Adequate Water Supply" so that the section is more easily
understood by the public and Staff.
ll. Legal Descriptions
As mentioned above, Staff has identified some issues concerning when legal
descriptions for certain types of sites plans are and should be required. Please see the
attached PowerPoint Presentation. Staff presented these concepts to the BOCC on
2/L6|LO and they directed Staff to suggest changes which are as follows:
sEcrtoN 4-502 DESCR//PTTON OF SUBMITTAL REQUIREMENTS
C. MAPS AND PLANS
2.0 VICINITY MAP.
An 8% x 11 vicinity map locating the parcel in the County. The vicinity map shall
clearly show the parcel and the boundaries of the subject site p+epe*y and all
property within a 3-mile radius of the subject parcel p+€p€++y.
3.0 SITE PLAN.
a. Legal description of the subiect site
b. Boundary lines, corner pins, and dimensions of the subject site for the proposed
land use change permit pr€p€++y, including land survey data to identify the subiect
site pareel with section corners, distances and bearing to corners, quarter corners,
township and range.
sEcTtoN s-502 DESCRIqTION OF SUBMTTTAL REQUTREMENTS FOR EXEMPTIONS
C. MAPS AND PLANS
2.0 VICINITY MAP.
An 8% x 11 vicinity map locating the parcel in the County. The vicinity map shall
clearly show the parcel and the boundaries of the subject site p+epe+ty and all
property within a 3-mile radius of the subject parcelp+ope++y.
7.0 MINOR, MAJOR, ROAD SPLIT EXEMPTION PLAT.
d. Legal description of the subiect site p+€p€+ty.
e. Boundary lines, corner pins, and dimensions of the subject site for the proposed
land use change permit p+epe+ty, including land survey data to identify the subiect
site pa+eel with section corners, distances and bearing to corners, quarter corners,
township and range.
The Planning Commission also suggests that the following language be added to Section
5-s02(CX7)(e) as follows:
nrsso where a si
presentlv served bv water. wastewater. and access, the required legal description as
described in 5-502(C)(7)(e) mav onlv applv to the new lots created bv the ExemDtion
process.
Ill. Adequate Water SupPlY
Please refer to Exhibit E for the proposed changes regarding Adequate Water Supply in
Articles 4,5,7 , and 16.
2
Add the following definition:
Water supplv entitv means a municipalitv. countv. special district. water conservancv district.
water conservation district, water authoritv. or other public or private water suDO|V com00anV
that supplies. distributes. or otherwise provides water at retail. as provided in Section 29-20-
302(2), Colo. Rev. Stat.. as amended..
ARTICLE IV
Appr-rcRrtou Rruo Reurw PRocEDURES
4-502 DEScRtprloN oF SuBMlrrRL ReQutRel,leruts
number of plants that will be installed; specified seed mixtures.
d. An estimate of the cost of supplying and installing the materials
depicted in the landscaPe Plan.
e. A description of the proposed program to maintain the landscaping
after it has been installed.
D. Land Suitabitity Analysis. The Land Suitability Analysis shall include the
following information, unless specifically waived by the Director.
1. Public Access to Site. Show historic public access to or through the site.
2. Access to adjoining Roadways. Identify access to adjoining roads and
site distance and intersection constraints.
3. Easements. show all easements defining, limiting or allowing use types
and access.
4. Topography and Slope. Topography and slope determination.
5. Natural Features. significant naturalfeatures on-site and off-site.
G. Drainage Features. Existing drainages and impoundments, natural and
man made.
7. Water. Historic irrigation, tailwater issues, water demands, adequate
water supply plan-pursuant to Section 7-104 or 7-105 as applicable
8. Floodplain. Flood plain and flood fringe delineations.
9. Soils. Soils determination, percolation constraints, as applicable.
10. Hazards. Geologic hazards on-site, and adjacent to site.
11. Natural Habitat. Existing flora and fauna habitat, wetlands, migration
routes.
12. Resource Areas. Protected or Registered Archaeological, cultural,
palentological and historic resource areas.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 4-70
Anrtcre V
DlvlsloNs oF LAND
5-406 GENERAL Coul.lrv ExeupttoN CRITERIA
Regulations. The development and use of
Exemption Lots comply with the ioning regulations and use restrictions of this Land Use
Code and the PUD zone designations, if applicable.
1. The resulting Exemption Lots are not illegal or nonconforming lots under
these Regulations. Any Exemption Lot that is nonconforming shall not
increase its degree of nonconformance.
1. The resulting Exemption Lots contain safe, adequate building sites
capable of iomplying with applicable use restrictions, criteria and
standards set forth in these Regulations.
B. Not within the Purposes of Subdivision Statutes or This Land Use Code.
The division of land by the exemption processes, detailed herein, is not within the
purposes of the state subdivision statutes, Part 1 of the County Planning and Building
booe nct, c.R.S. S3o-28-101, ef seg., or the subdivision regulations of this Land Use
Code.
C. Adequate Water Supply. The resulting Exemption Lots have a sufficient legal
and physical source of water, in compliance with the requirements of this Land Use
Code set forth in Section 7-105!of Article Vll, Sfandards.
D. Adequate water Distribution and wastewater Disposal System. The
resulting Exemption Lots have an adequate water distribution system and wastewater
disposa'i system in compliance the requirements of this Land Use Code set forth in
Section 7-106 of Article Vll, Sfandards.
E. Adequate Access. The resulting Exemption Lots have legal and adequate
access in compliance with the requirements of this Land Use Code set forth in Section
7-108 of Article Vll, Sfandards.
F. Hazards. The resulting Exemption Lots do not create hazards identified in
Section 7-209 and Section 7-210 of Article Vll, or exacerbate existing hazards.
G. Gompliance with Comprehensive Plan and lntergovernmental Agreements.
The proposed exemption is consistent with applicable provisions of the Garfield County
Compre'hensive Plan and any intergovernmental agreements between the County and a
municipality that apply to the area where the division of land will occur.
H. Exemption Map Requirements. See the specific requirements for Exemption
Plats at Section 5-502(C)(6) and (C)(7). The following general criteria also applies:
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 5-25
ARTICLE V
DvlsloNs oF LAND
5-502 DEScRtPTtoru or SuautrrAL REQUIREMENTS
10.Open Space Management Plan. The Open Space Management Plan
shall inciude the following elements. All open space shall be platted as
Water Supply Requirements. All applications for development
permits shall include the estimated water supply requirements for
the proposed development in a report prepared by a registered
professional engineer licensed to practice in the State of Colorado
qualified to perform such work. The report shall include the
following:
11.
12.
13.
part of the first final Plat.
a. Ownership and responsibility for management of the open space'
(1) The owner may place a perpetual conservation easement on
the open space and deed that easement to a qualified
conservation organization. ln all cases, ownership shall be
deeded to the finally controlling entity at the time of final plat'
b. Details for maintenance of the open space, including noxious weed
control.
c. Responsibility for the cost of maintenance of the open space'
d. Uses allowed within the open space.
e. Stipulations preserving the designated open space and
maintenance of the open space in the event of future amendments
to the approved land use.
Landscape Plan. The requirements for a Landscape Plan are set forth in
Section 4-502(CXs) of Article lV, Application and Review Procedures.
Erosion and Sediment Control Plan. The requirements for an Erosion
and sediment control Plan are set forth in Section 4-502 (cx4) of Article
lY, Application and Review Procedures.
Adequate water supply Plan. This section shall apply to all development
permits which require a water demand in an amount of aHeast-melg-lhgn
b (eignq single-famity equivatents where 1 (one) single-family equivalent
equals 350 gallons of water per day. where water demand !s 8.(eiqht)
sinqle familiequivalents or less. the standard in section 7-104 shall be
met.
GARFIELD CouNTY Urutrteo LeHo Use RESoLUTIoN oF 2008, As AMENDED 5-44
+$
ls
ARTTcLE Vll
StnruoRRos
ARTICLE VII STANDARDS
This Article sets forth the minimum standards for proposed land use changes. ln the
event that certain minimum standards may be either inappropriate or cannot be
practically implemented, a waiver from such standards may be considered. A written
request for waiver from a specific standard should be included with the application
package.
DIVISION 1 GENERAL APPROVAL STANDARDS FOR LAND USE CHANGE
PERMITS
The following standards are basic approval standards that shall apply to all proposed
land use changes, including divisions of land and exempt subdivision, not otheruvise
exempt from the standards set forth in these Regulations.
Section 7-101 Compliance with Zone District Use Restrictions. The land use
change complies with applicable zone district use restrictions and regulations in Article
lll, Zoning.
Section 7-102 Compliance with Comprehensive Plan and lntergovernmental
Agreements. The land use change is consistent with applicable provisions of the
Garfield County Comprehensive Plan and any intergovernmental agreements between
the County and a municipality that applies to the area where the use will occur.
Section 7-103 Gompatibility. The nature, scale, and intensity of the proposed
use are compatible with adjacent land uses and will not result in an adverse impact to
adjacent land.
Section 7-104 Sufficient Legal and Physical Source of Water. All applications for
land use change permits requirinq a water demand of 8 (eiqht) sinqle familv
equivalents or less (one sinqle familv equivalent equals 350 gallons per dav)
shall have an
adequate, reliable, physical, long term and legal domestic water supply to serve the
use. (Note, this section shall not be construed to be required to meet the terms of an
adequate water supply as defined in Section 7-105 of these regulations. Resolution
200e-53)
A. Determination of Reliability of Water Supply. ln determining adequacy of the
proposed water supply the following considerations shall apply.
1. Peak Usage. Peak demands projected to service the total development
population.
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-1
Anrrcre Vll
SIRNonRos
7-104 SUFFToENT LEGAL AND PHYSIcAL SoURCE oF WATER
b. Water use assumptions shall include an average of no less than 3.5
people per dwelling, using 100 gallons of water per person per day, plus
and irrigation and livestock watering uses.
c. lf the well is shared, a legal well-sharing declaration addressing all
easements and costs associated with operation and maintenance of the
system and identifying the person responsible for paying costs and how
assessment will be made for those costs.
d. At a minimum, the water quality of the well shall be tested by an
independent testing laboratory for the basic Colorado Primary Drinking
Water Standards for inorganic chemicals (heavy metals, nitrate, sulfate
and asbestos), bacteria and radioactivity. The results should show that the
applicable standards are met or othenailse identify a treatment system to
meet the standards. Testing for the Secondary Drinking Standards (taste,
odor, color, staining, scaling, corrosion, etc.) is recommended.
Section 7-105 Adequate Water Supply. An adequate water supply plan shall be
required for any preliminary or final approval of an application for rezoning,
planned unit development, limited impact or major impact review, development or
site plan, or similar application for new construction. This section shall apply to all
development permits which require a water demand in an amount of aueasfupp-l!4n
I (eight) single-family equivalents where 1 (one) single-family equivalent equals 350
gallons of water per day.
A. Authority. The Board of County Commissioners, pursuant to $29-20-443!0'l-, e+
AlpGgS" C.R.S., as amended, shall not approve an application for a development
permit unless it determines in its sole discretion, after considering the application and all
of the information provided, that the applicant has satisfactorily demonstrated that the
proposed water supply will be adequate. Nothing in this section shall be construed to
require that the applicant own or have acquired the proposed water supply or
constructed the related infrastructure at the time of the application.
B. Water Supply Requirements. All applications for development permits shall
include the estimated water supply requirements for the proposed development in a
report prepared by a registered professional engineer licensed to practice in the State of
Colorado qualified to perform such work. The report shall include the following:
(1) An estimate of the water supply requirements for the proposed
development through build-out conditions;
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-3
AnrtcrE Vll
SrnruoRRos
7-105 ADEouRrr WnreR SupPl-Y
(3) An estimate of the amount of water yield projected from the proposed
water supply under various hydrologic conditions;
(4) Water conservation measures, if any, that may be implemented within
the proposed develoPment;
(5) Water demand management measures, if any, that may be
implemented to address hydrologic variations; and
(6) Such other information as may be required by the Board of County
Commissioners.
(7) ln the alternative, an applicant shall not be required to provide a letter
or report identifled pursuant to Sections 7-105(B) and 7-105(C)(1) -
(6) above if the water for the proposed development is to be provided
by a water supply entity that has a water supply plan that:
a. Has been reviewed and updated, if appropriate, within the previous
ten years by the governing board of the water supply entity;
b. Has a minimum twenty-year planning horizon;
c. Lists the water conservation measures, if any, that may be
implemented within the service area;
d. Lists the water demand management measures, if any, that may
be implemented within the development;
e. lncludes a general description of the water supply entity's water
obligations;f. lncludes a general description of the water supply entity's water
supplies; and
g. ls on file with the local government.
D. Determination of Adequate Water Supply. The Board of County
Commissioners' sole determination as to whether an applicant has a water supply that
is adequate to meet the water supply requirements of a proposed development shall be
based on consideration of the following information:
(1) The documentation required by Sections 7-+041!5(B) and 7-
rs+lQ5(c);
(2) A letter from the state engineer commenting on the documentation
required pursuant to Sections 7-1€4105(B) and 7-4€4105(C);
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-5
ARrlcLE Vll
SrRruoRnos
7-105 ADEounrr WnreR Suppt-v
(3) Whether the applicant has paid to a water supply entity a fee or
charge for the purpose of acquiring water for or expanding or
constructing the infrastructure to serve the proposed development;
and
(a) Any other information deemed relevant by the Board of County
Commissioners to determine, in its sole discretion, whether the water
supply for the proposed development is adequate, including, without
limitation, any information required to be submitted by the applicant
pursuant to applicable local government land use regulations or state
statutes.
Section 7-106 Adequate Central Water Distribution and Wastewater Systems.
The land use change shall be served by water distribution and wastewater systems that
are adequate to serve the proposed use and density.
A. Water Distribution System Standards.
1. Central Water Distribution System Preferred. Where water service
through a water supplv entitv is not physically or economically feasible, a
central well and distribution system is preferred over individual wells.
2. Central Water Distribution System Required. The following conditions
require connection to a central water system.
a. Proximity to Central System. The property is located within 400'
of a central water system, the system is available and adequate to
serve the proposed development, and connection is practicable and
feasible.
b. 15 or More Dwelling Units. Central water will be required for
residential developments consisting of flfteen (15) or more dwelling
units.
3. Design. The water distribution system shall be designed by a qualified
professional engineer licensed by the State of Colorado and shall be
approved by the Colorado Department of Public Health and Environment
and the County.
a. Sized for lnitial and Future Demand. The water distribution
system shall be sized to meet both the initial andfuture demands of
the proposed development. Oversizing for likely extensions may be
required.
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GARFIELD COUNTY UNIFIED LAruO USE RESOLUTION OF 2008, AS AMENDED 7-6
Anrtcle XVI
DEFINITIONS
16-101 DertutroNs oF WoRDS AND PHRASES
and Environment's drinking water standards for all development permits requiring a
water demand of 8 SFE or greater. (See Article Vll, Section 7 1Q47:$A
Adjacent. Meeting, abutting or touching at some point, or located across a street, alley
or other right-of-way.
Adjacent Property Owner. An owner of record of any estate, right, or interest in real
property which is lOlacent to the subject land or only separated by a publicly owned
right-of-way or easement.
Administrative Review. The land use change permit application and review process,
described in Article lV, Section 4-104, Administrative Review Process of this Code, by
which the Director approves applications for land uses
Adverse. Unfavorable, harmful.
Adult Day Care. A facility for the care of individuals eighteen (18) years old or older in
a place oi residence of a family or person for the purpose of providing less than twelve
(12) hour care for individuals who are not related to the head of such home.
Affected Party. (Art. 14 definition) Any person with an interest in the outcome of the
permit decision for the Proposed Project.
Affordable Housing Agreement. An agreement between the applicant and Garfleld
County, based upon the Affordable Housing Plan.
Affordable Housing Guidelines. Division 4 of Article Vlll of these regulations
Affordable Housing Unit (AHU). A resident-occupied housing unit, the sale or rental
of which units have been limited to specific segments of the market with permanent
affordability insured through appreciation rates controlled by deed restriction or other
legally-binding mechanism approved by the Board of county commissioners.
Agriculture. The use of land for farming, dairying, pasturage, aquaculture, horticulture,
floiiculture, viticulture, nursery and animal and poultry husbandry and the necessary
accessory uses for harvesting, packing, treating, or storing the produce, excluding
forestry.
Agricultural Land. Any land used primarily for the production of crops or livestock
inctuding irrigated meadows, irrigated and dry pasture, irrigation ditches, stock drive
routes, iandJ used for barns, corrals and storage of crops or agricultural products, but
not including lands used primarily for the production of commercial timber.
T:\lr4yFiles\pLANV008 Unified Lmd use Resolution mended 6 of 08-31-og\Wate Supply Amenedmerts to Article 4- 5- od l6 doc
GnRrIeIo COUNTY UUITITO LANO USE RESOLUTION OF 2OO8' AS AMENDED 16-2
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Exhibits for Public Hearing held on February 24,2010 for a Text Amendment for
1)Additions/ChangestoElectricPowergenerationFacilitiesandAssociated
infrastructure;
2) Clarification to Requirements for Adequate Water Supplies; and
3) Clarification for Legal Descriptions as they relate to site plans for Limited / Major
lmPact Reviews and ExemPtions'
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Proot of Publication Ea continued
nified Land Resolution of as amended
Plan of 2000
Memorc ated 2124110
PowerPoint Presentation