Loading...
HomeMy WebLinkAbout4.0 Staff Report 8.13.14&rq*{ G f**pre a-- s*<- Planning Commission Exhibits - TXTP 7936 Vegetation Management Proof of Publication Garfield Land Use and Code Garfield Count've Plan 2030. as amended Staff dated July 9,2014 Staff Presentation dated 9.2014 A B C D Application E F Ad Name: 10222552A Customer: Garfield County Building Your account number is: 1008693 PROOF OF PUBLICATION T'HE- ts[f,"Lf, SYT\ZN T'E.t.f,@RAIW STATE OF COLORADO, COUNTY OF GARFIELD I, Michael Bennett, do solemnly swear that I am Publisher of The Rifle Citizen Telegram, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the flrst publication ofthe annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published inthe regularand entire issue ofevery number of said weekly newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 512912014 and that the last publication of said notice was dated 512912014 the issue of said newspaper. In witness whereof, I have 06102t2014. my hand this Michael Bennett, Publisher Publisher Subscribed and sworn to before me, a notary public in and for the County of Gaffield, State of Colorado this 06102D014. My Commission expires: November 1,2015 PUBLIC NOTICE Take Notice that the Board of County Commission- ers has requesled to amend multiple arlicles of the Lan-d Use and Development Code including, but not limited. to Articles 1, 4, 7, I and 15, in regard to vegetation management. All persons affectod by the proposed text amend- ment are invited to appear and state their views,protesls or support. lf you cannot appear person- ally at such hearing, then you are urgsd io stateyour views bv letter, as the Plannino commission wlll give consideralion to all commen-ts roceived, in deciding whether to approve, modily or deny the text amendments. The application may be re- viewed at the office of the Commurity Develop- m€nt Department located at 1 08 8lh Street, 4th Floor, Garfield County Administration Bullding, Glenwood Sprinqs, ColArado between the hours 6, 8:30 a.m. and 5:00 p.m., Monday ihrough Friday. A public hearing on this request has been sched- uled for the gth day of July at 6:30 p.m. in the County Commissioners Me-etinq Hooin, Gartield Counti Administration Buitding: 108 8ih Slreet, Glenwood Sprinos, Colorado Published in the Citizen Telegram May 29. 20'14.(1O222s52\ EXHim' here unto setffi PAMELqJ. i scHULlZ i 1r,......d A Community Development Department 108 8d'Street, Suite 401 Glenwood Springs, CO 81601 (970194s-82L2 www.Rarfi eld-countv.com tr Development in 100-Year Flood tr Development in 100-Year Floodplain Variance E Code Text Amendment E Amendments to an Approved LUCp E un Eutn E suP E Zone DistrictE PUD f] PUD AmendmentE MinorTemporary Housing Facility E edministrative I E Vacation of a County Road/Public ROW E Appeal of Administrative lnterpretationtr Location and Extent Review tr Areas and Activities of State lnterest tr Comprehensive Plan Amendment E vtajor E Minot E Accommodation Pursuant to Fair Housing Act E Time Extension (also check of Owner/Applicant Name: Board of County Commissioners Phone: (97O )945-8212 MailingAddress: 108 8th Street, Suite 401 state: CO zipcode: 81601 Representative (Authorization Requ ired) Name: Tamra Allen, Planning Manager Phone: (970 )945-8212 MailingAddress: 108 Bth Street, Suite 401 state: CO Zipcode: 81601 E_mair : tal len@garfield-cou nty. com Text Amendment in regard to vegetation management (Articles 1, 4,7 , and g). TYPE OF APPLICATION D Administrative Review tr Limited lmpact Review tr Maior lmpact Review tr Pipeline Development E Variance INVOLVED PARTIES ciry, Glenwood Springs cit : Glenwood Springs PROJECT NAME ANI rocATroN Project Name: Assessorrs Parcel Number: Physical/Street Address: Lega! Description: Zone District:Property Size (acres): Existing Use: Proposed Use (From Use Table 3-403): Description of Project: Amend code sections based on Board direction from May 6 work session Submission Requirements tr The Applicant requesting a Waiver of Submission Requirements per Section 4-202. Lisl: Section: Section: Section:Section: Waiver of Standards tr The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: File Number:Fee Paid: $ Nn I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Signature of Property Owner REOUEST ERS Date TYPE OF Text Amendment to the Garfield County Land Use and Development Code Vegetation Management Revisions TXTP 7936 Board of County Commissioners July 9,2014 FILE NUMBER: I. PROPOSAL DESCRIPTTON Background Since the adoption of the Land Use and Development Code (LUDC) in2013, certain deficiencies and inconsistencies have been identified related to vegetation management, specifically the Garfield County Noxious Weed ManaBement 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(8) - Authority and State Enabling Legislation Section 1-L02(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 L 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, 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(t) - Submittal Requirements for Revegetation, Reclamation and Soil PIan Section 4-203(EX18)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 andf 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 -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 SectionT-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. Article 15 - Definitions Two definitions for "Garfield County listed Noxious Weeds" and "State Listed Noxious Weeds' are proposed. These definitions are intended to clarify the weeds which are to be controlled and examined in the Weed Management Plan. II. SUMMARY OF BOARD OF COUNTY COMMISSIONER'S RECOMMENDED CHANGES 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: sEcTroN 1-102(8)- AUTHORTTY AND STATE ENABUNG TEGISLATION: 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 l-3, 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 Act; ++11. Title 38, Article 30.5, C.R.S., Conservation Easements; and *11 Title 43, Article 2, C.R.S., State, County and Municipal and Public Roads. SECTTON 1-301(E) - WEED CONTROL AND pETS: E. Weed Management €€'ctr€+ and Pets, randewners are respensible fer eentrelling weeds; keepin€ pets under eentrel, and eth€r aspeets ef using and maintaining preperty in aeeerdanee with Ceunty regulatiens 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 eent+eltingr ^e€ds-keeping pets under controh and other aspects of using and maintaining property in accordance with County regulations. SECTION 4.203(A} - PROFESSTONAT QUALIFICATIONS: 6. Vegetation Management Professional. Weed management, revegetation and reclamation plans and weed inventory reports shall be prepared by a botanjst, ecologist, range scientist, or agronomiqt.ffi 4 o'kr 7cn/,N ?d( e 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. sEcTroNs 9-102(r) AND 4-203(EX18) Reclamation, Revegetation and soil Management Plan submittal Requirements (Explonation: The below morkup is bosed on Pipelines Section 9-102(L), while the existing longuage found in a-203(E)(18)is olso proposed to be eliminoted ond replaced with the some text, os indicoted below) atien: A 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 2. Provisions for slffi'ging on-site topsoil, a timetable for eliminating topsoil and/or ^CCYie'"r{'o'9J*t ^t 4 r piles and a plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a €o r {'ilc-rt period of 90 days or more. Yt{i::t^on1lr3. A weed Manasement ptan for att Garfietd countv tisted noxious weeds and state of cotoradod'7( (J' \ ,'5 u:: N 3. A Weed Management Plan for all Garfield County listed noxious weeds and State of Colorado qp'f." (1 t ,,.rrot- .o listed noxious weeds that are targeted for statewide eradication. The Plan shall inclydg,qsite 2 **- ' ^[,, u, ,Art'" specific map and weed inventory.A Weed Management Plan is reouired if an are{'A,r.rJo, ,n .7"',O'r*,y"J^l{ ereateris disturbed for the purposes of site construction, development or gradingffit ,Yrt) r,;:''ru#::*:J:::;:]ffj::long-termfunctionofthesite(i.e.ouiraine,;::yy;/,o,,n,."o,W,*,;". the area impacted (where the soilwill be disturbed). > <*-/ nte 4lltotd *tt( ,tr,'l- igltt or* t)/1 co/e mm" , ')6'', r.1/' tJ '.u',,",,iili,ffi:Y.:::''.^requiredif,inthedeterminationoftheCountyVegetation dff . I:i ( 6:;::ffi;:;",.ffi:;":.;r eq uI I eu I r' II I r I re ue'[e, III IIrd L * ^"r1, E / a. A potentialto facilitate the spread of noxious weeds;w) : l::.':::':'::::i:1"":'"T:::::,,^ ,^.,-^^^-o.; , ./ c. A potential for visual impacts from public viewing corridors; ,/]\ 6^ \ a.Sfeet Slos^al5% or greater or unstable areas; andlor I q ,/ ,,& \ ". Disturbs ,n ,riV, acre or greater where topsoil is exposed for the purposes of site I ( /')r- Q' f ,onttruction, development or grading but does not comprise the long-term functioning I \ }.00 - t\ of the site (i.e. building footprint, road surface or permanent parking areas). , L/ / *1.*,v^",,n.::dikk",,",:W;;:;i".,,:#^,^ff #::ffik"#ffif * X' '-- - ^ . Manager that will be site specific and based on the amount of disturbance. The security shall V ?nrN be held by the County until vegetation has been successfully reestablished, or for a period of /Z aoe - 3"1*rti*e 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 3una <.qrok \Aanagement Plan. The County Vegetation Manager will evaluate the reclamation andU- revegetation prior to the release of the security. The security shall be subject to all provision of Article 13. 7-208- RECI.AMATION, REVEGETATION AND SOII MANAGEMENT PIAN 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. 4 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:llerm preparation of the site. he shortlql ,r'w':r)'ful/t' B. Reclamation of Disturbed Areas. Areas disturbed during development shall be landforms that blend in with adjacent undisturbed topography the final landform is achieved, the surface shall bestabilized 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. kcc L-*q,ff F*tf fi* 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. a{dg+e+ving ith the eriginal en site vegetatien within 2 l\ and use,A uniform vegetative r"$P \ cover shall be established with an individual plant density of at least 70% of pre- (:, ^ , bY ^(o / disturbance levels within 4 growing seasons.Revegetation cover shall consist of a \.\\ ;.0' ... diversity of native and/or beneficial nonnative vegetation species capable of supporting \' f,, - ",^$the post-disturbance land use. State or County listed noxious weeds, as well as alien \<q'_\S) annual invasive species, do not count as part of the 70% cover.To the maximum extent ' \." feasible, disturbed areas shall be revegetated to a desired plant community with L23-,.k 1 composition of weed-free species and plant cover typical to that site. & gr-/ e4or",Vfr 2. weed Management. A management plan with appropriate strategies shail be 'a5q" uLsf employed for all Garfield County listed noxious weeds, State of Colorado listed noxio ut Drrvn,y a weeds that are targeted for statewide eradication. ,{ l" d*fr. 3. Application of Top Soil. Top soilshall 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 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, priorto final building inspection approval. 6. Removal of Debris. Within 5 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 OisturUeO shall have a time line approved for the reclamation of the site Article 15 - Definitions Garfield County Listed Noxious Weed. An alien plant that has been designated as being noxious or has been declared a noxious weed by the Board of County Commissioners. State of Colorado Listed Noxious Weed. Any noxious weed identified by the Commissioner of the Colorado Department of Agriculture by rule after notifying and consulting with the state noxious weed advisory committee. IV. SIAFF ANAI.YSIS - IUDC CRITERIA FOR A TDfi AMENDMENT Section 4-114 outlines the procedures and criteria for consideration of a Land Use Code Text Amendment request to the LUDC. The criteria for approval of a Land Use Code Text Amendment are as follows: 1. The proposed text amendment is in compliance with any applicable intergovernmental agreements; and There are no intergovernmental agreements impacted by the proposed text amendment. 2. The proposed text amendment does not conflict with State law. The Colorado Revised Statute Title 35, Article 5.5, C.R.S., Colorado Noxious Weed Act, as amended, gives the County authority and responsibility to control noxious weeds on private lands within unincorporated areas of Garfield County, Colorado. The proposed amendments are to maintain consistency between State law, adopted Garfield County resolutions regarding reclamation and revegetation and the Garfield County LUDC. This proposed text amendment is in compliance with this statutory provision. V. STAFF RECOMMENDATION Staff recommends that the Planning Commission consider recommending approval of the text amendments as amended by the Board of County Commissioners and outlined in this memo. Staff believes that the text amendment as outlined brings consistency between the Garfield County Noxious Weed Management Plan as adopted in 2001 and the LUDC and by doing so brings clarity to the Land Use Permit application process.