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HomeMy WebLinkAbout5.0 Staff Report 10.6.14f,q,{t G* a-*'t'?'-z/ (3 -o) "ff..v/MEMO TYPE OF REVIEW: FILE NUMBER: APPLICANT: DATE: Text Amendment to the Garfield County Land Use and Development Code Vegetation Ma nagement Revisions TXTP 7936 Board of County Commissioners October 6,2AL4 BACKGROUND Since the adoption of the Land Use and Development Code (LUDC) in 2013, certain deficiencies and inconsistencies have been identified related to vegetation management, specifically the Garfield County Noxious Weed Management Plan as adopted in 2002. These inconsistencies have resulted in confusion on the part of applicants who are submitting for Land Use Change permits. Making the expectations and requirements clearer in the LUDC will help facilitate the overall Permit review process and make it smoother for both Staff and applicants. On May 6,201.4, the Board of County Commissioners (BOCC) directed Staff to draft a text amendment to the LUDC to make it consistent with the Garfield County Weed Management Plan, and the Revegetation Guidelines and Reclamation Standards section, adopted by the BOCC in 2002. These resolutions impact multiple departments, include Vegetation Management, and Community Development. This application was heard by the Planning Commission (PC) on July 9, 201-4. At this hearing, the PC voted to continue the hearing to the regularly scheduled August 73,2014 meeting date in order to allow staff time to evaluate a number of different issues in the proposed language' On August 13,2074, the PC voted 6-0 to recommend the following amendments to the BOCC. Specific to the lz acre threshold for requiring weed management plans, revegetation plans and security (Sections 9- 102(L) and 4-203(EX18)), the PC asked that Staff bring the recommendation of increasing the threshold to 1 acre to the Weed Advisory Board for their review and recommendation. This was requested because the % acre threshold as it exists today comes from the Revegetation Guidelines as adopted in 2002, of which the Weed Advisory Board is the recommending body. Since the Weed Advisory Board meets on October 1, after reports need to be completed for the BOCC meeting, Staff will update the BOCC on the Weed Advisory Board's recommendation at the October 6 hearing. lncreasing the threshold does not exempt landowners from compliance with the Colorado Noxious Weed Act and the Garfield County Weed Management Plan. The following is a brief discussion of sections that need modification: Section 1-102(B)- Authority and State Enabling Legislation Section 1-102(B) identifies the powers granted to the County by State Statutes. lt is proposed to add the enabling legislation for the Colorado Noxious Weed Act, C.R.S. 35-5.5-101etseq. This section details the powers of the Board of County Commissioners ("Board") pertaining to noxious weeds as well as addresses noxious weed management on private lands. RE:Vegetation Management Text Amendment Section 1-301(E)- Weed Control and Pets Division 3 of Article 1 identifies Garfield County as a Right to Farm jurisdiction. Section E of this Division states that "Landowners are responsible for controlling weeds, keeping pets under control and other aspects of using and maintain property in accordance with County regulations." lt is proposed to separate this section into one for weeds and one for pets and other responsibilities. Doing so would help to highlight the importance of managing weeds in conformance with both State and County regulations. Section 4-203(A) - Professional Qualifications Section 4-203(A) identifies the qualifications necessary for professionals who create the studies required by the LUDC for Land Use Change Permit applications. The list of qualification currently does not identify those necessary for the creation of revegetation and reclamation plans. lt is proposed to add a line forVegetation Management Professionalwhich would include a qualified botanist, ecologist, range scientist, agronomist or other qualified professional. Doing so will clarify the expectations on the part of applicants for the creation of vegetation and reclamation related studies and plans. Section 4-203(EX18), 9-102(L) - Submittal Requirements for Revegetation, Reclamation and Soil Plan Section 4-203(E)(18)addresses Land Use Change Permit submittal requirements. This section requires a Reclamation Plan that is "Consistent with the standards in Section 7-208" , bul provides no further guidance for applicants regarding materials which are necessary for Staff, Planning Commission and/or the Board to adequately review the applications against the standards in Section 7-208. As a result, there has been some confusion on the part of applicants as to what information should be submitted in their application. The goal of this amendment is to make the submittal requirements in Section a-203(EX18) and the standards in Section 7-208 consistent with the Garfield County Revegetation Guidelines as adopted in 2001 and Reclamations Standards from the Noxious Weed Management Plan also adopted by the Board in 2001. While reviewing the various regulations for consistency, it was found that the Revegetation Plan submittal requirements found in Pipelines Section 9-102(L) was a good model for revising Section 4-203(EX18); the section which governs almost all Land Use Change Permits and Divisions of Land Permits. To this end, the following recommendation draws off the format and content which already exists in Section 9-102(L), with additional amendments to increase conformity of that section with the adopted revegetation and reclamation plan and standards. Section 7-2Og - Standards for Revegetation, Reclamation and Soil Plan While Section 7-208 has been the governing guidelines to date for both compliance and submittals, this section remains largely intact relative to form and content. However, some changes are proposed to this section to make the requirements consistent with those found in the Garfield County Revegetation Guidelines and Reclamations Standards from the Noxious Weed Management Plan. ln addition, some changes are proposed to clarify the language and to extend the required timeframe to establish vegetation on a disturbed site from 2 seasons to 4 growing seasons, as it is a more realistic timeframe. RECOMMENDED CODE TEXT AMENDMENT The Vegetation Manager and Community Development Department concur that the LUDC and the Garfield County Noxious Weed Management Plan should be consistent as well as provide for clear expectations on the part of applicants of Land Use Change Permits. The Planning Commission, Vegetation Manager and the Community Development Department recommend amending the LUDC as indicated in red text: Section 1-102(8) - Authority and State Enabling Legislation: It is the intention of the BOCC in adopting the Garfield County Land Use and Development Code to fully exercise all relevant powers conferred by the laws of the State of Colorado including, but not limited to: A. Colorado Constitution. All of the powers reserved to the County by the Colorado Constitution. B. State Enabling Legislation. All of the powers granted to the County by: 1. Title 16, Article 13, Part 3, C.R.S., Restraint and Abatement of Nuisances; 2. Title 24, Article 65.1, C.R.S., Areas and Activities of State lnterest; 3. Title 24, Article 67, C.R.S., Planned Unit Development AcU 4. Title 24, Article 68, C.R.S., Vested Property Rights Act; 5. Title 29, Article 20, C.R.S., Local Government Land Use Control Enabling Act; 6. Title 30, Article 11, C.R.S., County Powers and Functions; 7. Title 30, Article 15, C.R.S., County Regulations Under Police Powers; 8. Title 30, Article 28, C.R.S., County Planning Act; 9. Title 34, Article 1, Part 3, C.R.S., Preservation of Commercial Mineral Deposits; 10. Title 35, Article 5.5, C.R.S., Colorado Noxious Weed AcU +&11. Title 38, Article 30.5, C.R.S., Conservation Easements; and +{-,12. Title 43, Article 2, C.R.S., State, County and Municipal and Public Roads. Section 1-301(E)- Weed Control and Pets: E. Weed Management €en++el and-P€+si tandewners are respensible fer eentrelling weeds, lreeping pets under eentrel; and ether aspeets ef usi iens- Landowners are responsible for managing all Garfield County listed noxious weeds and State of Colorado listed noxious weeds on their property that are targeted for statewide eradication in accordance with the Colorado Noxious Weed Act and the Garfield County Noxious Weed Management Plan. F. Control of Pets and Responsibilities of Maintaining Property Landowners are responsible for ee+*ell+ng-we€dsr-keeping pets under controlT and other aspects of using and maintaining property in accordance with County regulations. Section 4-203(A) - Professional Qualifications: 6. Vegetation Management Professional. Weed management, revegetation and reclamation plans and weed inventory reports shall be prepared by a botanist, ecologist, range scientist, agronomist or other qualified professional. G 7. Other. Other professionals retained by Applicant to provide studies and analysis required by this Code shall demonstrate qualification in the specific field, to the satisfaction of the reviewing body. Sections 9-102(t) and 4-203(EX18)- Reclamation, Revegetation and Soil Management Plan Submittal Requirements (The below markup is based on Pipelines Section 9-L02(L), while the existing language found in -203(E)(18) is also proposed to be eliminated and replaced with the same text, as indicated below: Revegetation, Reclamation and Soil Plan that includes the following information and is consistent with the standards in Section 7-208: 1. A plant material and seed mix list that includes scientific and common names and the application rate in terms of Pure Live Seed per acre, a planting schedule that includes timing, methods, and mulching, and a map with a calculation of the surface area disturbance in acres of the area impacted (where the soil will be disturbed). 2. Provisions for salvaging on-site topsoil, a timetable for eliminating topsoil and/or aggregate piles and a plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. 3. A Weed Management Plan for all Garfield County listed noxious weeds and State of Colorado nLrUlisted noxious weeds that are targeted for statewide eradication. The Plan shall in9!1S slte \ specific map and weed inventory. A Weed Management Plan is required if an aref% acrd Vl greater is disturbed for the purposes of site construction, development or grading but not including areas serving the long-term function of the site (i.e. building footprint, road surface or permanent parking areas). 4. A revegetation security may be required if, in the determination of the County Vegetation Manager, the proposed project has: a. A potential to facilitate the spread of noxious weeds; b. A potential to impact watershed areas; 4 c. A potential for visual impacts from public viewing corridors; d. Steep Slopes !5% or greater or unstable areas; and/or \ r[ ''t'te. Disturbs an ar{a% acr/or greater irutrere topsoil is exposed for the purposes of site construction, deve\/pmlent or grading but does not comprise the long-term functioning of the site (i.e. building footprint, road surface or permanent parking areas). 5. The revegetation security will be in an amount to be determined by the County Vegetation Manager that will be site specific and based on the amount of disturbance. The security shall be held by the County until vegetation has been successfully reestablished, or for a period of time approved by the County Vegetation Manager in any specific land use action, according to the Reclamation and Revegetation Standards section in the Garfield County Weed Management Plan. The County Vegetation Manager will evaluate the reclamation and revegetation prior to the release of the security. The security shall be subject to all provision of Article 13. 7-208- Rectamation, Revegetation and Soil Management Plan Standards A. Applicability. These standards shall apply to any development that requires a Land Use Change Permit, including divisions of land, as well as to the following activities: 1. lnstallation of ISDS. lnstallation of a new or replacement ISDS. 2. Driveway Construction. Any driveway construction that requires a Garfield County Access Permit or a CDOT Access Permit. 3. Preparation Area. All areas disturbed during development that do not comprise the longer-term functional areas of the site but are those areas used for the short-term preparation of the site. B. Reclamation of Disturbed Areas. Areas disturbed during development shall be restored as natural-appearing landforms that blend in with adjacent undisturbed topography. When the final landform is achieved, the surface shall be stabilized by vegetation or other means to reduce further soil erosion from wind or water, provide forage and cover, prevent fugitive dust as required by State Statute, and reduce visual impacts. 1. Contouring and Revegetation. Abrupt angular transitions and linear placement on visible Slopes shall be avoided. Areas disturbed by Grading shall be contoured so they can be revegetated, and shall be planted and have vegetation established. ana++e{+ing g+ewin€-s€asensr{si A uniform vegetative cover shall be established with an individual plant density of at least 70% of pre- disturbance levels within 4 growing seasons. Revegetation cover shall consist of a diversity of native andlor beneficial nonnative vegetation species capable of supporting the post-disturbance land use. State or County listed noxious weeds, as well as alien annual invasive species, do not count as part of lhe 70% cover. To the maximum extent feasible, disturbed areas shall be revegetated to a desired plant community with composition of weed-free species and plant cover typical to that site. 2. Weed Management. A management plan with appropriate strategies shall be employed for all Garfield County listed noxious weeds, State of Colorado listed noxious weeds that are targeted for statewide eradication and any other invasive species. 3. Application of Top Soil. Top soil shall be stockpiled, placed on disturbed areas and managed for later use in reclamation. Provisions for salvaging on-site topsoil, a timetable for eliminating topsoil and/or aggregate piles and a plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more shall be reviewed and accepted by the Garfield County Vegetation Manager. 4. Retaining Walls. Retaining walls made of wood, stone, vegetation, or other materials that blend with the natural landscape shall be used to reduce the steepness of cut Slopes and to provide planting pockets conducive to revegetation. 5. Slash Around Homes. To avoid insects, diseases, and wildfire hazards, all vegetative residue, branches, limbs, stumps, roots, or other such flammable lot-clearing debris shall be removed from all areas of the lot in which such materials are generated or deposited, prior to final building inspection approval. 5. Removal of Debris. Within 6 months of substantial completion of soil disturbance, all brush, stumps, and other debris shall be removed from the site. 7. Time Line Plan. Every area disturbed shall have a time line approved for the reclamation of the site SUGGESTED FINDINGS t. The proposed text amendment is in compliance with any applicable intergovernmental agreements. 2. The proposed text amendment does not conflict with State law. 6 STAFF RECOMMENDATION Staff recommends the BOCC approve the Code Text Amendment as proposed by the Planning Commission. tyL,,b,'+ 4 MEMORANDUM TO: FROM: DATE: RE: Board of County Commissioners Steve Anthony, Vegetation Manager October 3,2014 Weed Advisory Board Review of Land Use Code Text Amendment Revisions SUMMARY: The Garfield County Weed Advisory Board (WAB) met on October 1,2O14. They reviewed the Land Use and Development Code (LUDC) text amendment revisions pertaining to vegetation management. The Planning Commission (PC) had requested Staff to bring to the Weed Advisory Board the revisions for their review and recommendation. lncluded in the revisions is the recommendation from the PC to increase the threshold of surface area disturbance from lz acre to 1 acre that would require revegetation plans, securities and weed management plans. The WAB voted 8-0 to support the text amendment revisions and to increase the aforementioned threshold from/, acre to 1 acre. Garfield County