HomeMy WebLinkAbout2.0 Staff Report 5.6.14MEMO
TO:Board of CountY Commissioners
FROM: Steve Anthony, Vegetation Manager and David Pesnichak, Senior Planner
DATE: May 5,2014
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 2001. 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. The following is a brief discussion of sections that need
modification:
Section 1-102(B) - Authority and State Enabling Legislation
section l--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' 35-5.5-101 et seq' 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.
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 for Vegetation Management Professional which would include a qualified
botanist, ecologist, range scientist, or agronomist. 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(EX13)addresses Land Use Change Permit submittal requirements. This section
requires a Reclamation Plan that is "Consistent with the standards in Section 7-208" , but
Vegetation Managernent Text Amendment
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 7-2O8. 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 -203(E)(18) 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 7-2o8- standards for Revegetation, Reclamation and Soil Plan
While Sectio n7-2O8 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.
RECOMMENDATION
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 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 lnteresu
3. Title 24, Arlicle 67, C.R.S., Planned Unit Development Act;
4. Title 24, Article 68, C.R.S., Vested Property Rights Act;
1ae&z-
using and maintaining preperty iRa€€erdanee with eeunty regulatiens: { Ch 'fu ,"tV / eSCfu o 4
Landowners are responsible for managing all Garfield County listed noxious weeds aHd State of Colorado tLn, t 9-'l
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
++7l.Title 43, Article 2, C.R.S., State, County and Municipal and Public Roads.
Section 1-301(E)- Weed Control and Pets:
listed noxious weeds that are targeted for statewide eradication in accordance with the Colorad " );r'd4 '
Noxious Weed Act and the Garfield County Noxious Weed Management Plan. f ' I V
F. Control of Pets and Responsibilities of Maintaining Property
Landowners are responsible for een+reU+ng-\He€d+-keeping pets under controli 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 atpal.ifierl botanist, ecologist, range scientist, or
agronomist.
& 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(L) and 4-203(EX18) - Reclamation, Revegetation and Soil Management Plan Submittal
Requirements (The below markup is based on Pipelines Section 9-102(L), while the existing language
found in a-203(EX18) 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 7-2O8:
E. Weed Management €en++el anC-Pets;
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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 soilwill 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
listed noxious weeds that are targeted for statewide eradication. The Plan shall include a site
specific map and weed inventory. + /z oat J,srttbrce ea- nve ea- o / /t-
doscv ehzq { t14 W, .-tt-1"lo/ . )
4. A revegetation security may be required il in the determYnation 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;
c. A potential for visual impacts from public viewing corridors;
d. Steep Slopes 75%o or greater or unstable areas; and/or
e. Disturbs an areal, acre or greater where topsoil is exposed for the purposes of site
construction, development 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.
7-2O8- Reclamation, Revegetation and SoilManagement 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.
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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 ,14preparation of the site.
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B. Reclamation of Disturbed Areas. ,Y; YVl^
Areas disturbed during development shall be restored as natural-appearing landforms ,nr, i!;^n,,,^:V'
blend in with adjacent undisturbed topography within grc, of completion of constructiori. ,i 'T/n i
When the final landform is achieved, the surface shall be stabilized by vegetation or other v v'
Imeans to reduce further soil erosion from wind or water, provide fo.rage and cover, and reduce I
visuarimpacts. ) <kQ ,V €"2 Q;g , drs{,
I1. Contouring and Revegetation. Abrupt angular transitions and linear placement on I
visible Slopes shall be avoided. Areas disturbed by Grading shall be contoured so they I
can be revegetated, and shall be planted and have vegetation established. ana++euAng I
red witl'the eriginalen site vegetatien within-3 I
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uniform vegetative I
cover shall be established with an individual plant density of at least 70% of pre- |
disturbance levels within 4growing sgasons.Revegetation cover shall consist of a I
diversity of native and/or ##ffi&h6nnative vegetation species capabte of supporting Ithe post-disturbance land use. State or County listed noxious weeds, as well as"l5fe* I
annual invasive species, do not count as part of IheTO%cover.To the maximum extent I
feasible, disturbed areas shall be revegetated to a desired plant community with Icomposition of weed-free species and plant cover typical to that site.
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2. Weed Management. A management plan with appropriate strategies shall be I
employed for all Garfield County listed noxious weedg and State of Colorado listed Inoxiousweeaffi';:";::';"';x,l,oeeradicationl
3. Application of Top Soil. Top sbit sfiatt be stockpiled, placed on disturbed areas and I
managed for later use in reclamation. Provisions for salvaging on-site topsoil, . Itimetable for eliminating topsoil and/or aggregate piles and a plan that provides for soil I
cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more I
shall be reviewed and accepted by the Garfield county Vegetation Manager. I
4. Retaining Walls. Retaining walls made of wood, stone, vegetation, or other materials I
:ifijl:iliJ:,1:fi[:iffi'"'.'ff::1nffil:l"iHJ:es'ieepnessof cu'[
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5. Slash Around Homes. To avoid insects, diseases, and wildfire hazards, allvegetative
residue, branches, limbs, stumps, roots, or other such flammable lot-clearing debris
shall be removed from allareas 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