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HomeMy WebLinkAbout2.0 Staff Report 2.24.10\ Exhibits for Public Hearing held on February 24,2010 for a Text Amendment for "Amendments to Approved Land Use Change Permits" (P; >/t!:/"/ %tr- 1 -? C,&, i7 ,a". --n/k Lr',/ [g-4 7'*-Y ) t1,, (z'- r*L /J- ^ (/ -\ol , ?* C-- A Proof of Publication B Gartield Countv Unified Land Use Resolution of 2008, as amended c Garfield County Comprehensive Plan of 2000 D Staff Memorandum dated 2124110 E Staff Presentation F Proposed language changes to the Unified Land Use Resolution of 2008 as amended G H I ) Exhibit Letter {A to Z} Exhibit AdIDffi o"r"@ O rime PUBLIC NOTICE TAKE NOTICE that the Director of the Garfield County Building and Planning Department is pro- posing amendments to the Text of the Garf ield County Unified Land Use Resolution of 2008, as amended. The Board of County Commissioners is required to refer these amendments to the Garf ield County Planning Commission in order to obtain their recommendation in order to contemplate their recommendations in a noticed public hearing. Specif ically, the proposed amendments include amendments to the sections of the Garf ield County Unified Land Use Resolution of 2008, as amended that allow for amendments to approved land use change permits and adds the ability to amend ap- provals for land use change permits where they do not currently exist. These proposed amendments include consolidation of and changes to existing processes and review criteria for an applicant re- questing a change to an approved Land Use Change Permit. All persons affected by the proposed amendments 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 the comments of surrounding property owners, and others affected, in deciding whether to recommend approval of the proposed amendments. The draft amendments may be re- viewed at the office of the Planning Department lo- cated at 108 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 recommendation to the Board of County Commissioners regarding these amend- ments has been scheduled for February 24,2010 at 6:30 PM which will be held in the County Com- missioners Meeting Room, Garfield County Plaza Building 108 8th Street, Glenwood Springs, Colo- rado. Published in the Citizen Telegram on January 21, 201 0 and the Post lndependent on January 21, 2010 [4s38035] EXHIBIT Ad shown is not actual print size EXHIBIT TO: MEMORANDUM Garfield County Planning Commission Fred A. Jarman, AICP, Director, Building and Planning Department Amendments to Approved Land Use Change Permits February 24,2O7O a. Requires public notice of Directo/s decision to adjacent property owners within 200 feet, the BOCC, and the Applicant; b. All requests for non-substantial changes are required to continue to meet all applicable standards in the Code; c. Appeals (or call-ups) of Director's decisions should be allowed from the BOCC, the Applicant, or adjacent property owners within 200 feet. C. Non-substantial Changes shall not be allowed to change specific Conditions of Approval required by the BOCC in a public hearing. Any requested changes to those conditions shall automatically require a public hearing before the BOCC on that specific condition which requires full notice; FROM: RE: DATE: bJ \\\U rn ''r * x'/' r*q \1-,o* x l. Purpose As Staff and the public have been using the various amendment sections found within the Unified Land Use Resolution of 2008, as amended (the Code), it has become apparent that there are significant inconsistencies and unintended consequences. As a result, Staff suggests the Board of County Commissioners amend the Code to include the proposed language in Exhibit F (attached) and provide a process as outlined in the attached PowerPoint presentation as Exhibit E. (This action requires a recommendation from the Planning Commission). ll. General Staff Comments Staff recommends the Planning Commission consider the following concepts which directly correlate to suggested code language in Exhibit F). A. Add a new Section into Article lV "Application & Review Procedures" which would be known as 4mendments to Approved Land Use Change Permits. This would include removing the individual amendment sections that currently exist in other Articles so that Amendments are discussed in one place in the Code. This new section would provide specific direction regarding the Director's ability to approve (or not) "Non-Substantial Modifications / Changes" to Approved Land Use Change Permits. B. "Non-substantial Change" as Determined by Director D.Revise the definitions of "substantial Modification f change" & "Non-Substantial Modification / Change" (which may also allow for scriveners / surveyors errors as a routine non-substantial change). BOCC "call-up": Any one Commissioner can call up the decision by the Director and require that the full BOCC discuss and vote on whether the decision should be heard in a noticed public hearing or not. 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E $EEE FEI sSs.g.Ee S EESI sI EEs E 6 E s Et; E E3.t s u si:6 s s T$AEH=EAA .=og-C\- +-,l-8a oboEEo(UC F.-.L sUT l- AP =<u,'i5 E f c v)l(U rol-J l=,ol o'=l> ol9.F I Q- c.llo-lo qo l- I- lo =lo o o€EG'Ot-c+)o:E(tr- E.o obrtroiitEe l- (J E=gokO ro t,C ro tJ-l -oJrn I Co C (u onclol -cl:l rol +.rlclol+., Iu'rl -ol =l?lclol :lol :l l-lol+tl'=l t -lI =lol EIe.l o oo C ro 1-..LU -(u a-+)C rUP 1n -o -J(n ICoz \t tr;c";eriF-{ Pb 9 E*E E..P5= s\ Fh,sE f 5- P;s!'S* S898 Eqr =3s:* 5f b's b3 -- = bgS$ilH $ b"=- S s H- -dArs.s b: EHSE 88. E IE S!IE Ei!sFsisEss;HEbE;e HT S P:.tE Hbs€."Ss.=EeS E..EEHSE .F\ H:sAisA '6Ncd Lolf o oo C ro -tU -G'FC (o at-J(n -o -JVI I Coz aa +JtUG S'J GE Pbb:8 si:FE Ts G d s b::E & SbtEar:Eb -lsB,ElEs: Il E!$*Rl: lr €l :EsEsiE:!;r $; t $i u $S o oo C ro ?+U -G, {=C ru+)tn -o =1r) EXHIBIT Section 4-L07 Permit. Proposals to change a Land Use Change Permit approved under these Regulations shall require application to the Director for Amendment of an Approved Land Use Change Permit. The Director shall review the application to determine whether or not the proposed change constitutes a substantial modification to the Land Use Change Permit. Should the Director determine that the requested change constitutes a substantial modification; a new application shall be required to be filed with the County. A.Review Process Amendments to an Approved Land Use 1. 2. 3. 4. 5. Pre-Application Conference. A accordance with the provisions of Article tV. Pre-Application Conference shall be held in of Section 4-103(A), Pre-Application Conference Application. The application materials (including review criteria and standards) required for Amendment of an Approved Land Use Change Permit based on a non-substantial change are set forth in Section 4-501(H). Should the Director determine that the requested change constitutes a substantial modification; a new application shall be required to be filed with the County. 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 Completeness of Article lV. Staff Review / Director Decision. Within thirty (30) working days of the date of determination of completeness the Director shall make a determination as to whether the proposed change constitutes a substantial modification to the approved Land Use Change Permit. Director Decision. No Substantial Modification. lf the Director determines that the proposed amendment to an approved Land Use Change Permit does not constitute a substantial modification, the Director may approve the proposed amendment to the Land Use Change Permit and provide notice of this decision pursuant to Section 4-103(H)(A)(6) below. Additionally, the Director shall have the discretion to require the request be decided by the Board of County Commissioners in a public meeting. b. Substantial Modification. lf the Director determines that the proposed amendment constitutes a substantial modification, the change shall require a new application for the proposed use. 6. Written Notice of Decision. The Director shall inform the Board of County Commissioners, the Applicant, and all adjacent property owners within 200 feet of the subject property of the Director's decision in writing within five (5) working days of the date of decision. (Note, if no request for reconsideration is filed with the County within 14 days of the date of the Director's decision, it shall become final.) C. 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. 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 circulatlon 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.) 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 2OO' 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.) b. c. 2 2. d. Decision by Board. The Board shall conduct a hearing pursuant to the provisions of Section 4-103(G), Conduct of Public Heoring. 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 Vll, Standards. 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 reconsider the Director's decision. lf 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. 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. 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 within a 2OO' 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. 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 Article Vll, Stondards. a. b. c. Replace the existing Section 4-501(H) Submittal Materials with the following: 4-501(H) Amendments to Approved Land Use Change Permits. The review process for an amendment to an approved Land Use Change Permit is set forth in Section 4-!O7, and requires the following submittal materials. 1. Application Form 2. Written Statement of the proposed amendments and how they meet the definition of non- Substantial Change in Article 16; 3. Supporting documents necessary to evaluate the proposed revisions. Amend the following Definitions in Article XVI for Substantial & Non- Substantial Change Non-substantial Change: A non-substantial amendment may be made to an approved Land Use Change Permit if it meets all of the following criteria as determined by the Director: t. ls consistent with action(s)taken during previous Land Use Change Permit approval; 2. Does not change the use category of the proposed development between residential, commercial and industrial uses; 3. Does not change the basic character of the approved use of land on which the activity occurs, including basic visual appearance and method of operation; 4. Does not constitute a new land development activity; 5. Does not violate any Land Use Code standard; 6. Does not substantially increase off-site impacts (including but not limited to increased traffic, water use, wastewater generation, etc.) in the surrounding neighborhood; 7. Does not substantially increase the need for on-site parking or utilities; 8. Does not increase the floor area of the use by more than five (5) percent or decrease the open space on the site by more than five (5) percent; and 9. Does not endanger the public health, safety or welfare. Substantial Change: A substantial change is any amendment that does not meet the definition of a non-substantial change amendment above, is otherwise determined by the Director to be a significant departure from the original development application or permit, or if the request is to change a specific condition of approval required by the Board of County Commissioners. 4 PUBLIC NOTICE TAKE NOTICE that the Director of the Garfield County Building and Planning Department is proposing amendments to the Text of the Garfield County Unified Land Use Resolution of 2008, as amended. The Board of County Commissioners is required to refer these amendments to the Garfield County Planning Commission in order to obtain their recommendation in order to contemplate their recommendations in a noticed public hearing. Specifically, the proposed amendments include amendments to the sections of the Garfield County Unified Land Use Resolution of 2008, as amended that allow for amendments to approved land use change permits and adds the ability to amend approvals for land use change permits where they do not currently exist. These proposed amendments include consolidation of and changes to existing processes and review criteria for an applicant requesting a change to an approved Land Use Change Permit. 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 the comments of surrounding property owners, and others affected, in deciding whether to recommend approval of the proposed amendmenis. The draft amendments may be reviewed at the office of the Planning 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 p.m., Monday through Friday. This public hearing where the Planning Commission shall make a recommendation to the Board of County Commissioners regarding these amendments has been scheduled for February 24,2010 at 6:30 PM which will be held in the County Commissioners Meeting Room, Garfield County Plaza Building 108 8th Street, Glenwood Springs, Colorado.