HomeMy WebLinkAbout3.0 Staff Report 5.3.2010Exhibits for Public Hearing held on May 3, 2010 for a Text Amendment for
"Amendments to Approved Land Use Change Permits"
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Exhibit
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 2124110
E Staff Presentation
F @angeStotheUnifiedLandUseResolutionof2008,
as amended
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Exhibit Letter
{A to Z)
Date 0312212010 I t'r"
PUBLIC NOTICE
TAKE NOTICE that the Director of the Garfield
Countv guilding and Planning Department was di-
recieO'bv the 6oard of Counly Commissioners to
oiooJr*'"ertain amendment3 to the Text of the
b'iiti.io County Unified Land Use Resolution of
ffi8,-u* amended. The Board of County Commis-
sioners obtained a recommendation from the Gar-
iieiO-Corniy Planning Commission in a noticed
public hearirig for the following amendments'
Soecif icallv. the proposed amendments include
imendmenis to the si;ctions of the Gar{ield County
Uniii"O iunO Use Hesolution of 2008, as amended
tf it ,tto* for amendments to approved land use
"finoe
permits and adds the ability to amend ap-
or*uii ioi tanO use change permits where they do
hot currently exist. These pioposed amendments
inilrO* changes to existing processes and review
Criteria f or an"applicant requesting a change to an
approved Land Use Change Permit.
All persons affected by the proposed amendments
aie invited to appeaiand state their views' Prg-
iests or support. 'lf you can not appg?r personally
at such hea'ring, thcin you are u-rged to state yo.ur
,"*. ny ietterl as the'Board of e ounty Commis-
sioners witt give consideration to the comments ot
iu rrou nOln g"frope rty ow ners, a nd .others aff ected,
in Jecioing"wtreitrerio recommend approva,l of the
nrooosed"amendments. The draft amendments
ir-i, n* reviewed at the off ice of the Planning-De-
niriment located at 108 8th Street,4th Floor, Gar-
f ieiO County Plaza Building, plelwood Springs'
CotoraAo bdtween the hours of 8:30 a-m. and 5:00
p.m., MondaY through FridaY-
This public hearing,where the. Board of County
Commissioners shlll make a decision regarding
these amendments has been scheduled fo.r May
erO, ZOf 0 at 1:15 PM which will-be held in the
bornlv Comrissioners Meeting Boom. Garf ield
a;rniy Plaza Building 108 8th Street' Glenwood
Springs, Colorado.
Published in the Rif le Citizen Telegram and the
Glenwood Spring Post lndependent on April 1,
2010 [480366e]
Ad shown is not actual Print size
. AdID
EXHIBIT
EXHIBIT
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TO:
FROM:
RE:
DATE:
MEMORANDUM
Garfield County Board of County Commissioners
Fred A. Jarman, AICP, Director, Building and Planning Department
Amendments to Approved Land Use Change Permits
May 3, 2010
l. Purpose / Background
As Staff and the public have been using the various amendment sections found within the Unified Land
Use Resolution of 200g, as amended (the Code), it has become apparent that there are inconsistencies
and unintended consequences in the various sections that allow for amendments to approved land use
change permits sought through a variety of the County's review processes such as the Administrative
process, Limited lmpact Review, Major lmpact Review, Minor I tt(aior Temporary Employee Housing,
Development in the 100-year Floodplain, and Pipeline Developments. [Note, amendments to Divisions
of Lands which include Exemptions & Subdivisions and Rezonings (PUDs) will continue to have their own
specific amendment processes provided in Article V and Vl.l
Staff brought these concerns to the BOCC in a worksession in February, 2010 and presented and
discussed the efficiency of having one amendment process in the Code. The BocC believed this was a
good concept and urged it be sent to the Planning Commission and then back to the BOCC as a Text
Amendment.
As a result, on February 24th,z1i:},the Planning Commission reviewed and discussed the proposed text
amendment and forwarded a unanimous recommendation of approval to the Board of County
Commissioners to 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.
ll. General Proposal
The planning Commission recommended 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 "Amendments to Approved Land Use Change Permits." This would include removing the
individual amendment sections that currently exist in other Articles of the Code 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:
Requires public notice of Director/s decision to Adjacent Property Owners within
200 feet, the BOCC, and the APPlicant;
All requests for non-substantial changes are required to continue to meet all
applicable standards in the Code;
c. Appeals (or call-ups) of Directo/s decisions should be allowed from the BOCC, the
Applicant, or Adjacent Property Owners within 200 feet.
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;
Revise the definitions of "substantial Modification f Change" & "Non-Substantial
Modification f Change" (which may also allow for scriveners / surveyors errors as a routine
non-substantial cha nge).
E. 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.
lll. Newty Proposed: Section A-lI7:Amendments to an Approved Land Use Change Permit.
Lond
Permits ond
a.
b.
C.
D.
Permits
amended
sholl r ther or not
Lond Use
ch
The
o subst
modi the Director that the
A. Review Process
7. pre-Apolication Conference. A Pre-Application Conference sholl be held in accordance
with the provisions of Section 4-703(At. Pre-Applicotion Conference of Article lV. (Note. o
pre-opplicotion conference for an Administrotive Review mov be woived bv the Director
upon reouest bv the APPlicont.)
Amendment Land Use 'mit bosed on
chonqe are set forth in Section 4-507(H). Should the Director determine thot the
reauested chonqe constitutes o substontiol modification. o new applicotion sholl be
required to be filed with the Countv.
tiol
3. Determinotion of Completeness. The Director shall review the o\7licotion for
determinotion of completeness in occordonce with the provisions of Section 4-103(C)'
Determination of Completeness of Article lV.
4. Stoff Review / Director Decision. Within thirtv (30) workinq davs of the dote of
determination of completeness the Director sholl make o determinotion os to whether
the proposed chonoe constitutes o substontiol modificotion to the approved Land Use
Chanqe Permit.
5. Director Decision
a. No Substantiol Modification, lf the Director determines that the DroDosed
amendment to an opproved Land Use Chonqe Permit does not constitute o
substontial modification. the Director mov opprove the proposed omendment to
the Land lJse Chonae Permit ond provide notice of this decision pursuant to
Section 4-107(At(6) below. Additionallv, the Director sholl hove the discretion to
require the determination reauest be decided bv the Board of Countv
Commissioners in a public meetina.
b. Substantiot Modification. tf the Director determines that the prolosed
amendment constitutes o substontial modificotion. the chonqe shall reouire o
new opplicotion for the proposed use.
6. Written Notice of Decision. The Director sholl inform the Boord of Countv
Commissioners. the Applicont. and oll Adiacent Propertv Owners within 200 feet of the
subiect propertv of the Director's decision in writino within five (51 workina dovs of the
date of decision. (Note. if no request for reconsideration is filed with the Countv within
74 davs of the dote of the Director's decision. it shall become final.)
B. Reconsideration of Directotrs Decision bv Applicant or Adiacent Propertv Owner
7. Reouest bv Applicant or Adiacent Propertv Owner for Reconsideration of Decision. An
applicont or Adiocent Propertv Owner mav request reconsideration of the Director's
decision bv the Boord of Countv Commissioners. The requestina partv mav file a written
request within fourteen (141 colendor davs of the date of written notice of the decision
bv the Director to the Director of the Buildina ond Plonnina Department. The Director
sholl oresent the request for reconsiderotion at the next reaular meetina of the Board of
Countv Commissioners where the Board (bv moioritv votel mav opprove the settina of o
public hearinq to reconsider the Director's decision.
o
a. Schedule public Hearino. Public heorinq bv the Boord of Countv Commissioners
sholl be held within fortv-five (451 colendor dovs from the dote the Boord of
Countv Commissioners decide to reauire a public hearinq'
b. Notice bv Publication. At least thirtv (30t colendor davs prior to the dote
of the scheduled public heorino before the Boord of countv
Commissioners the opplicont or Adiacent Propertv Owner sholl hove
publishecl o notice of public hearina in a newspaper of aeneral circulotion
in the areo that the proposed land use chonae is located. (Note- this sholl
onlv opplv to Lond Llse Chanoe Permits which were oriqinollv opproved in
a noticed public heorinq.)
c. Notice to Adiacent Prooertv Owners. At least thirtv (301 colendar dovs
prior to the dote of the scheduled public hearinq. the aPDlicant or
adiocent propertv owner sholl send bv certified mail return receiDt
requested a written notice of the public hearino to the owners of record
of all Adiacent Propertv Owners within a 200' rodius. The notice shall
include o vicinitv map. the propertv's leaal description' a short norrotive
describina the current zonina and prooosed lond use chonae- ond on
announcement of the dote. time ond location of the scheduled heorina.
(Note- this sholl onlv applv to Lond Use Chonae Permits which were
oriainallv opproved in o noticed public heorinq.l
d. Decision bv Boord. The Board shall conduct o heorino oursuont to the grovisions
of Section 4-TOilGt Conduct of Pubtic Heorinq. The Board sholl uphold the
Director's ilecision. modifv the decision. or reverse the decision. bosed uPon
complionce of the proposed lond use chanae with the opolicoble opprovol
stondords set forth in Article Vll, Stondords.
2. Call-uo bv Bodrd. Within fourteen (74t calendor dovs of the notice of decision bv the
Director, onv one member of the Board mav at their discretion, decide to reconsider the
Director's decision. lf that is the case o Board member sholl require the Director to
present the request for reconsiderotion of the next reoular meetina of the Boord of
Countv Commissioners where the Boord (bv moioritv vote) mov opprove the settinq of a
public heorina to reconsider the Director's decision.
a. Notice bv Publication. At leost thirtv (30t calendor davs prior to the date
of o scheduled public hearina before the Board of Cauntv Commissioners.
' the Director shall have published a notice of public heorina in o
nl\/
newspaper of aeneral circulation in the orea thot the proposed lond use
chanqe is locoted.
b. Notice to Adiocent Propertv Owners. At leost thirtv (30t calendar dovs
prior to the dote of the scheduled public heorina. the Director shall send
bv certified moil. return receipt requested. a written notice of the public
hearinq to the owner of the subiect propertv (opplicantl ond Adiacent
Propertv Owners within o 200' radius. The notice sholl include a vicinitv
map. the propertv's leoal description a short narrotive describina the
current zonino and proposed lond use chonqe ond on announcement of
the date. time and location of the scheduled heorinq.
c. Decision bv Board. The Boord shall conduct o hearinq pursuont to the provisions
of Section 4-1031d. Conduct of Public Heorina. The Boord sholl uphold the
Director's decision. modifv the decision. or reverse the decision bosed uDon
com"plionce of the proposed lond use chonqe with the applicable o\Droval
standards set forth in Article Vll. Stondords.
lV. Replace the existing Section 4-501(H) Submittal Materials with the following:
4-507(Hl Amendments to Approved Lond llse Chanae Permits. The review process for an amendment to
moterials.
1. Applicotion Form
2. Written Statement of the proposed omendments ond how thev meet the definition of non-
Substantiol Chonae in Article 76:
3. Supportinq documents necessorv to evoluate the proposed revisions.
V. Amend the following Definitions in Article XVI for Substantial & Non-Substantial Change
Non-substontial Chonoe: A non-substontial omendment mov be mode to on approved Lond Use Chonqe
Permit if it meets oll of the followinq criterio os determined bv the Director:
1. ls consistent with action(sl token durina previous Lond Use Chanae Permit approval:
2. Does not chanae the use cateaorv of the proposed development between residential
commercial ond industriol uses:
o
3. Does not chanoe the bosic charocter of the opproved use of lond on which the activitv
occurs includinq basic visuol oppearonce and method of operotion:
4. Does not constitute o new lond development octivitv:
5. Does not violate onv Land lJse Code standord:
6. Does not substantiallv increase off-site impacts (includina but not limited to increased
troffic water use. wastewoter aeneration etc.l in the surroundina neiahborhood'
7. Does not substantiallv inqeose the need for on'site porkino or utilities:
8. Does not increase the floor orea of the use bv more than five (5t percent or decreose
the open space on the site bv more than five (5t percent' and
g. Does not endanaer the public heolth. safetv or welfare'
vt. Amend the Definition of substantidl chdnoe in the Followina wav:
@isS
b, the maximum square ieetage ef struetures less than 10;000 s9, ft, ever
e, prejeeted traffie sueh that a highway aeeess permit or an amendment te a
highway aceess permit is required as a result ef the ehange
d,1he size of the land whieh is the subjeet ef the permit or aPProval
Subrtontiol Chonoe: A substontial chonqe is onv amendment thot does not meet the definition of o non-
,ubrtrntiol chonae omendment obove is otherwise determined bv the Director to be o siqnificont
deporture from the oriainol development apolicotion or permit, or if the reQuest is to chonqe o soecific
condition of approvol required bv the Board of Countv Commissioners'
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EXHIBIT
trla,Do
Section 4-L07 Amendments to an Approved Land Use Change
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
L. Pre-Application Conference. A Pre-Application Conference shall be held in
accordance with the provisions of Section 4-103(4), Pre-Application Conference
of Article lV.
2. 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.
3. 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.
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.
b.
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 Countywithin 14 days of the date of the Director's decision, it shall
become final.)
C. Reconsideration of Directoy'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.
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 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.)
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.)
b.
c.
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d. 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.
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
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 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.
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, Standords.
b.
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 4-107, 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:
1. 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.
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