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Home My WebLink About3.0 Staff Report BOCC 11.14.16Board of County Commissioner Exhibits - November 14, 2016 Text Amendment TXTP-OS- 1 6-8457 Exhibit Letter (A to Z) Exhibit A Proof of Publication B GarJield County 2013 Land Use and Development Code, as amended c Garfield County Comprehensive Plan of 2030, as amended D Application E Staff Memorandum with attached redline changes F Staff Presentation G Letter dated September 3,2016 from Sarah Ludington H Letter dated November 13,2016 from Sarah Ludington I J K L M N o P Garfield Coun PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. lnaddition,pleaseinitialontheblanklinenexttothestatementsiftheyaccuratelyreflectthe described action. My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the - day of 201,6. All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] - . Please attach proof of certified, return receipt requested mailed notice. F My application required Published notice. tr tM Notice was pubrished on the fr*o*", Sh( ,2o,t6. Please attach proof of publication in the Rifle Citizen Telegram. My application required Posting of Notice. Notice was posted on the day of Notice was posted so that at least one sign faced each adjacent road generally used by the public. Name: Signature: Date: 2016. right of way c I testify that the above information is true and accurate. Thu, Sep 22,2016 12392219 09:58:50 Ad Ticket #5 ACCI. 1 0086e3 PhOne' (e70)e45-8212 E-Mai;. TALLEN@GARFIELD-CoU Client: Callef : Kathy Eastley Name. Garfield County Building AddfeSg. 108 8th Street - Ste 401 City' Glenwood SPrings State: CO Zip: 81601_Receipt Ad Name: Editions: Start: Color: Gopyline: 123922194 SCTi 09t29116 ct Land Use and Original ld: 0 Class: 0990 Stop: 09129116 lssue 1 Development Am Rep' Pl Legals PUBLIC NONCE Take Nolice that lhe Diroctor ol Community Devel- ooment has applied to the Board ol County Corn- niissioners to amend multiple articles of the Land Us€ and Development Code including modifica- tions to tot slope in Article 3. clarificatiorl of code requiremenls roI process and procedures in Arlicle 4. and olher clarilicattons and co[rections lo cooe provisions in Articles 3. 4. 5, 6, 7, and 8. All persons aftected by the proposed text amend- m eht are invitod to appear and state their viows. proless o[ support. lf you cannot appear person- elly at such hearing. then you ars urged to state yolr views by lett€i. as tha Planning Co.nmisslol"l will give consderation to all comments recelveo. ln deciding whother to approve. modif y or deny the text amendments. The application may De re- viewed online at by putting ihe tile number TX- the sBarch box. or al the o{fice-05-16-8457 into the search box, or at the ollice ol the fummunily Development Department locat- ed al 108 8th S[reet, 4lh Floor. Gartield County Adm i nistration Buildin g. Gl enwood S pri ngs, Colo- rado between the hours ot 8:30 a.m. aM 5:00 p.m.. i/bnday through Friday. A oublic hearino on this requed has been sched' ut6o tor the 1 4th day of Novem ber at 1 :00 p.m . in the Countv Commissioners Mseting Room. Gar- tield County Administration Building, '108 8th Slreet. Glenwood Springs. Colorado. Published in the Citizen Tolegram September 29. 2016. (12392219) Ad shown is not actual print size Lines: 37 Depth: 3.1 Columns: 1 Discount: 0.00 Commission: 0.00 Net: 0.00 Tax: o'oo Total 18.72 Payment 0.00 TYPE OF REVIEW: FILE NUMBER: APPLICANT: DATE: Text Amendment to the Garfield County Land Use and Development Code Va rious TXTP-05-16-8457 Community Development November 14,20L6 I. PROPOSAL DESCRIPTION tn the course of admlnistering the Land Use Code both planning and legal staff have identified code sections that could be improved, clarified or restated. These improvements are proposed to code sections contained in Articles 3, 4,5,6 and 7 of the 20L3 Land Use and Development Code, as amended. Redline proposed changes are attached to this staff report. It. PROPOSED AMENDMENTS TO THE LAND USE CODE Cod A end ntsloPrond Use and Developmen t Code Amendme ARTICLE 3 PAGE SECTION LANGUAGE EXISTING PROPOSED 3-5 Table 3-201 Maximum Floor Area Ratio o.s0/1.0 50%in RS, RU, CL and CG 3-6 3-302 D.Lot Slope D.1. and D.2.Move D.L. tol-4O2 A. and Delete D.2 3-7 Table 3-301 Floodplain Overlay Use Table Not included currently lnclude Language related to gravel pit extraction 3-15 Table 3-303 A.Airport Overlay Restriction Table Foot 4 Change cites to reflect correct sections ARTICLE 4 PAGE SECTION LANGUAGE EXISTING PROPOSED 4-7 Table 4-102 Common Review Proced ures Temporary Housinq Notice Requirements 4-7 Table 4-102 Rezoning Add new process for zoning maP corrections 4-9 4-106 Amendment to an approved LUCP Process and decision maker Clarify language 4-10 4-107 Minor Temporary Housins Facilitv Notice required but not defined Notice required consistent with Administrative review 4-17 4-1,12 Call-up to BOCC B.1.'challenged'Change to 'issued' 4-17 4-1.1.3 Rezoning PC and BOCC review and decision Create a streamlined Process for corrections to the zoning maP ARTICLE 5 PAGE SECTION LANGUAGE EXISTING PROPOSED 5-3 Table 5-103 Common Review Procedures Final Plat - no requirement for referral review Add a check in box to require referral agency review 5-6 5-301 Minor Subdivision Review c.1. under review criteria Add in "...Code, including Articles !,2,3,4, and7" Board of County Commissioners, November !4,2016 Land Use Code Text Amendments ARTICLE 5 PAGE SECTION LANGUAGE EXISTING PROPOSED 6-5 6-203 8.1.b.(2)Substantia I Modification "... Applicant may requrest the..." "...Applicant may request the..." 5-8 6-302 B Amendment J ustification Report Subsections a. and b. Subsections L. And 2. 6-8 6-302 B. b.Amendment Justification Report "...PUD either is complies..." "...PUD either comPlies... ARTICLE 7 PAGE SECTION LANGUAGE EXISTING PROPOSED 7-7 7-201E,Agricultural Land Contains staff note in regulatory language Remove staff note 7-7 7-201, E.5.lrrigation Ditch "...shall ind icated..." "...shall be indicated..." 7-7 7-201. E.1.lrrigation Ditch Notes on plats/site plans Require notes only on plats/site plans when a ditch exists 7-57 7-1201. B.Accessory Structu re "Accessory structu res including fences, hedges, and walls may be located within a required yard setback..." "Accessory Structures, for example, fences, hedges or walls, may be located within a required yard setback" 2l; :- . ARTICLE 8 PAGE SECTION LANGUAGE EXISTING PROPOSED 8-3 8-201A.10.Affordable Housing Plan and Agreement The proposal for compliance with all provisions of the Affordable Housing Guidelines maintained by the Garfield County housing Authority (cCHA) or other Approved Affordable Housing Entity (AAHE) The proposal for compliance with all provisions of the *++e+Aag{e-get+si"S Cside+ines Inclus!oitary /otring G u idelirtes, Divisiorr 4 in tltls ciot u lns rtl, maintained by the Garfield County housing Authority (GCHA) or other Approved Affordable Housing Entity (AAHE) Board of County Commissioners, November L4,201'6 Land Use Code Text Amendments ItI. LUDC CRITERIA FOR ATEXT 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 proposed text amendment does not conflict with State law. IV. STAFF ANATYSIS A majority of the proposed text amendments are minor grammar or formatting corrections, however there are two issues that deserve further explanation: A. Staff proposes to remove lot slope issues from Article 3 and move subsection L. to subdivision standards and to delete subsection 2. which would then allow for reliance upon existing slope standards in Article 7. 3 | ::' .:.l l, Board of County Commissioners, November L4,2076 Land Use Code Text Amendments Section 3-202 General Restrictions and Measurement A. Lot Slope. 1. Lot Size Less Than l- Acre. Original and undisturbed Slope in excess of 30% shall not be credited toward lot area in determining whether the minimum lot area requirements will be met. Staff proposes to move subsection l-. to Section 7-402 A., Subdivision Lots as this subsection appears to be related to division of land rather than zoning which is the intent of Article 3. Staff proposes to delete subsection 2 and instead to rely solely upon the slope standards in Section 7-207 F. Slope Development and the lot standards contained in Section 7-402 Subdivision Lots, to determine the appropriateness of lot size in creating lots in areas containing slopes of 30% or greater' The existing code language is potentially problematic as it prohibits development in areas that may in fact be appropriate for development. The appropriateness of development, as determined by a qualified professional engineer. ln fact the language regarding Lots Size 1 acre or Greater would require that a 1 acre lot provide a 1 acre building envelope, and that development of a single family home necessitates 1 acre in order to build. Staff instead proposes to rely upon Section 7-207 F., below, that contains adequate safeguards and minimum standards regarding slope development. F. Slope Development. Development on Slopes 20% or greater shall only be permitted to occur if the Applicant demonstrates that the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the CountY: t. Building lots with 20% or greater Slope shall require a special engineering study to establish the feasibility of development proposed for the site. The study shall address feasibility of construction required for the use and describe the mitigation measures to be used to overcome excessive Slope problems. 2. Development shall be permitted to occur on Slopes greater than 30% only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with the following minimum requirements: a. Cutting, filling, and other Grading activities shall be confined to the minimum area necessary for construction. b. Development shall be located and designed to follow natural grade, rather than adjusting the site to fit the structure. Roads and driveways built to serve the development shall follow the contours of the natural terrain and, if feasible, shall be located behind existing landforms. 3. Development on Unstable or Potentially Unstable Slopes. lf a site is identified as having moderate or extremely unstable Slopes, then development shall be permitted only if the Applicant demonstrates that the development cannot avoid 4lPage Board of County Commissioners, November t4,2016 Land Use Code Text Amendments such areas and the development complies with certified geotechnical design and construction stabilization and maintenance measures. a. cutting into the slope is prohibited without provision of adequate mechanical support. b. Adding water or weight to the top of the slope, or along the length of the Slope, is prohibited. c. Vegetation shall not be removed from the Slope unless the integrity of the Slope can be adequately maintained. 4. Development on Talus Slopes. Development shall be permitted to occur on a Talus Slope only if the Applicant demonstrates that the development cannot avoid such areas, and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or a qualified professional geologist, and as approved by the County: a. The development shall be designed to withstand down Slope movement. b. The design shall include buried foundations and utilities below the active Talus Slope surface. c. Site disturbance shall be minimized to avoid inducing slope instability. d. The toe of a Talus slope shall not be removed unless adequate mechanical support is Provided. Staff proposes that the existing slope restrictions contained in Section 3-202 are in fact not necessary for the followinB reasons: 1. Article3oftheLUDCrelatestozoning. Section3-202isnotapplicabletozoning,butappearsto be directly related to subdivision or creation of lots; 2. Subsection 1. regarding minimum lot size calculations on lots of less than 1 acre is more appropriately located in Subdivision Lot Standards in Article 7; 3. Currently the development or creation of lots is subject to compliance with 7-207 F. which is applicable to areas of 20% slope and greater. This code section states specifically that development within these slope areas are subject to additional studies by a qualified professional engineer to determine if the proposed development complies with minimum standards. These standards would be utilized during the subdivision process to determine the appropriateness of creating lots in sensitive slope areas. 4. The existing language in Section 3-202 does not account for engineering of a site that may allow for development on slopes of 30% or greater as permitted by Section 7-2O7 F.2.; S. The existing language presupposes that one acre is the minimum area upon which a single family home is required to be constructed when in fact an adequately sized area for construction of a single family home may be much less - for example a home could be constructed within a 100' x 100' area which is a quarter of an acre. B. Staff recommends creating a new process that would allow for a simplified and streamlined process to allow for corrections to the Official Garfield County Zoning Map. As the Board may recall there have been numerous corrections approved within the past several years. These corrections take a significant amount of staff time - including compilation of application materials, staff reports and presentations to the Planning Commission and Board of County Commissioners as well as completing the public notice requirements which include mailing to property owners within 200'of the subject correction, posting of the site and publication in the 5lPage Board of County Commissioners, November L4,2016 Land Use Code Text Amendments Rifle Citizen Telegram. Staff is recommending that the correction process, with clear demonstration that the Official Zoning Map is incorrect based upon prior Board action, be reviewed Administratively subject to call-up to the Board of County Commissioners. This process will accomplish the necessary public notice to property owners within 200' of the subject zoning correction, and will allow for call-up to the Board to assure that proper procedures are followed to allow for public input on the correction. V. PTANNING COMMISSION CONSIDERATION The Planning Commission considered these items at public hearings held on July 13, 2016 and September 14,2076. The original hearing was continued in order for staffto provide clarification on several items. Ultimately the Planning Commission voted unanimously to recommend that the Board of County Commissioners approve the text amendments. 6lPage GARFIELD COUNTY, COLORADO Article 3. Zoning The purpose of this Division is to identify the lot and building restrictions.for each zone district ln aidition to these general requirements, all land uses shall comply with the applicable standards set forth in Article 7, Standards. 3-2q1, .ZONE DISTBiCf DItiENSIONS-. Table 3-201 identifies the dimensional standards for each zone district' Mlnlmum Lot Areal Maximum Lot Cowrage (7.) [taxlmum Floor Area Ratio Front Rear Side2 Zone Distrlct Artsrial Local Rural R 2 acres R: 15 N/A 50 tc 25 10 R: 25 NR:4O Residential - Suburban RS 20,000 s.f.50 l}#. 6no/^50 25 10 25 Residential - urban RU 7,500 s.f.50 g5(}+-r={, 5.r)0/^50 25 25 10 25 Residential-Manutactured Home Park MHP 2 acrcs 50 50 25 25 10 25 Commercial - Limited CL 7.500 s.f.NC:75 C: 85 e5oJ-rJ] 40/^50 ZA R: 25 Cr 75 10 40 Commercial - General CG 7,500 s.f.NL;: /C C:85 g5g+1$. at\o/^50 25 R: 25 C: 7.5 10 40 lndustrial I 21,780 s.f .75 N/A 50 25 25 10 40 Plateau RLP 35 acres 25 25 Escarpment RLE 35 acres 25 25 50 Talus Slopes RLTS 35 acres 25 25 25 50 Gentle Slopes RLGS 35 acres R: 2 acres R: 15 25 25 25 10 75 Public Airport PA Subject to FAA, FAR Part 77, Airport Layout Plan, Building Codes, and other applicable Federal, State, and local standards and regulations Public Lands PL @5,AdequatecentralWaterDistributlonandWaStewatersystem. 2. Ot % ol building height, whichever is greater. i. ietecommunicitioniacilities may exieed maximum height provided they are reviewed (if required) and approved pursuant to Table 3-403, Use Table 4. Parapet walls may exceed building height limitations by 4 feet' 5. Stacis, vents, cooling towers, eleiatoriupolas, torers, and similar noninhabitable building appurtenances, and cuoolas. soires. and -belfries constructed as part of a Plage of Worship shall be ex GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3-5 A. Frontage. Unless otherwise provided by this Code, each lot shall have a minimum of 25 lineal feet of frontage on a dedicated street or road right-of-way providing access' B. Through Lots' on lots exten-ding from 1 street to another paralleling street, both. streets shall be considered as front streets for purposes of calculating front yard setbacks. C. Corner Lots. on lots bordered on 2 contiguous sides by streets, the required front yard setback shall be observed along both streets. D. Lot Slope. 1. Lot Size uess ffhar{t lcfg. qliSileL Alq q4QlstuQqd $!opgln g1gees 9f 30% shalt not o" ii6ditiid i6ri'drd lot area in determining whether the minimum lot area requirements will be met' @mitmumBuildind E. Row House.-o. prrpo."a of setback calculations, only those row houses that do not share a .o*ron wall with an adjacent row house need to observe the required side yard setback for the district. F. Partially Developed Frontages. On a vacant loibordered on 2 sides by previously constructed buildings that do not meet 6eiequirea front yard setback for the district, the required front yard-setback for the vacant'lot shall be established as the averaged front yard setback of the 2 adjacent buildings; where a vacant lot is bordered on only 1 side by a previously constructed buildini that does not meet the required front yard setback for the district, the required fr""i VZ1O setback for the vacant iot shall be established as the averaged front yard iutur6r of the adjacent building and the minimum front yard setback for the zone district' G. Projections. Every part tf a required yard shall be unobstructed from ground level to the sky except for projections as shown in Table 3-202. f c"..;"d tKAElI .hr.-t*[* p"ffi t lc'-*a to I I se"tr"n z+oz P- ---)CommenEd [l(AE2]: Removc rrturcnce to a minlmm 'buildin8 env6loP€' rhd rcly upon thc slopi dcvelopmrnt rhndards in 7-207 GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3-6 A. Use Restrictions in the Floodplain Overlay. The following use restrictions shall apply to areas within the Floodplain overlay: B. General Standards. ln the Floodptain Overlay, the following provisions are required for all New Construction and Substantial lmProvements: 1. All New construction or substantial lmprovements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting lrom hydrodynamic and hydrostatic loads, including the effects of buoyancy. 6l mtun.nt ortclnmran stfuctufes P ilclopmt or utc of overniEht CrmPgrcunds p solid Wastc Disposl Sitcs ccntnl collectlon Sawage Treatment Facilitics P St*irg ", pr*'*S "f #terials that arc buoYant, flammablc, exploslve, or othcrwis potentially injurious to human, animal, or plant life u*r ttr.t *v *.trtt in an adversr .ffect on thc etficlency of the Floodway or change the dircctlon of flow or causc any increas in BFE iIr ",at *y r.tt t tn tt btt*,tt.l solld debris or signifient scdiment bclng carrlcd downstream bY fl@dwaters Asri"rlt"ret u*s su.L as Scnaral farminS, grazing of livcstock and horses, truck famlng, sod farming, rnd wild crop harucsting; P P L"wns, open "rcas, gardens, drlveways, and play aruas that are aecssry to residentialu*s P P t""di"S *""t, r"'tlr.ad rightsof-way, parking arcas, Airport Landing strips, and storaga yards fol cquipment or machincryeasily mwcd or not subJect to flood damage, that do not rcquirc asphak paving P P il*tion"i ana Opcn SPacc structurcs and uss not r'quiring permancnt ortempffiry structurcs designcd for human habitation P P Dams, pover plants, spillMys, transmi$ion llnes, piPrlincs, water monitoring devica, mter supplyditches, irflSation ditchas, laterals, and other undcrground utilitica P P m.l ,nd hlshwav structuGs or tEils P P Bmk rastoration and stabilization P P Gravel Pit e GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3-7 Sanltary L.ndfills Watcr Treatm€nt Plants P P7 P2 P2 P1 Pr P P Pr Outdoor Lithting P4 PI P{Pr Rcflectlve Materials Pi Pi P4 Pi P4 lndustrial Emi$ions Shall not obscure visibility P P P P 6f lmesinaru Surlaccs P1 P1 P) AirporVAircnft Landing StriP, Hclipoa/Hclistop P4 P4 Pt P4 Facilitv P5 P P P P 6 P ?P P Rcsidcntia I 6 P P P P p4 P4 P P P P P4 P{P P P P P4 P P P P Pt P pl P1 P p8 ?B P3 P3 pB P3 PJ/!r P4 P!P4 P4 Pi Pe Pe P.Pe Pe Pe FrM nd.d watrr lmDoundmantse 11 P P P P Roids/parking P4 P P P P Park/opcn sPae P P P P P Athletic Rclds Pi P4 P P Mining P Pi Footnotes 1 Except those accessory to airport operations' 2 Shall conrply with 14CFR Part 77.9. 3Shall not inGrfere with navigational signals or radlo communicatlons' . irUrelito StrnOrrds in sections 33QaL-43o3.er Z-3,O-2, aryl 1jgQj 7-EJ?-an++€rliJ' 5lf potentaal danger to public safety is minimal' 6 Unless no practicablc alternativc exists. I Upon use of accepted management techniques to reduce existtng ancj creaion of new wildllfe attractants. 8 Shall comply with FAA circular 150/5200-3A. e per Major tmpact Review and sroie.t to itanoaros in sectron,3-303.8.. Shall comply with F41 Clrcular 150/5200-34' 10 prohibited il ya acre u targer and on land owned by Arrport Sponsor if necessary for Airport operations' rr lf y4 ac(e ot larget. 12 lt y4 acre o( la(ger and within 5,000 feet of Runway end' L3 Utilities, power lines, and pipetrnes located in the hPZ Shall be underground unless they are lower than the elevation ol the closest Runway surface. B. Standards for DeveloPment. The provisions of this section are applicable to any application for development in the AirporUHel iport I nfl uence Area Overlay District' 1. site Plan lnformation. submittal of maps showing the following information: GInTIEIO COUTITY LAND USE ANO DEVELOPMENT CODE 3-1 5 GARFIELD COUNTY, COLORADO Article 4. Application and Review Procedures 4-.103 Administrative Review D 4-104 Limited lmpact Review BOCC Y 4-1 05 Maior lmpact Review PC BOCC Notice required lor PC and BOCC hearings. 4-t06 Amendments to an Approved LUCP a D Subject to Minor or Substantial Modilication DF-termination Der section 4-106. 4-107 Minor Temporary Housing Facility D a ll zoned Resource Z€Ded Lands see 4-107 B.(3.) 4-1 08 Vacation of a County Road or Public ROW I PC BOCC (PC hearing requires inclusion in posted agenda. Bocc hearino reouires oublication and mailino. 4-109 Develop. in the 1oo-Year Floodplain D v Per Administrative Review, section 4-103. 4-110 Develop. in the 1oo-Year Floodplain Variance a BOA a 4-111 Location and Extent Review PC t a ,Notice to be provided at least 7 calendar days but no more than 30 calendar davs Drior to hearinq. 4-112 Call-Up to the BOCC BOCC The BOCC shall provide notice as requarecl by the original application. lf no notice was required, nolice shall he edeouate if included in a oosted aoenda. 4-113 Rezoning PC BOCC J t (Notjce required for PC and BOCC hearings.- Corrections to the Ollicial Zonino Mao shall be n?^^accad nar Sa^ii6n a-1 1 3 B 4-114 Code Text Amendment PC BOCC Notice for PC and BOCC hearings published 15 .l.rre h?i^r l^ haerih^ 4-115 Variance BOA I , 4-1 16 Administrative lnterpretation D 4-1',17 Administrative lnterpretation Appeal BOA , 4-1 18 Waiver of Standards Determined bv companion application.Notice as required by companion application. GARFIELD CoUNTY LAND USE AND DEVELOPMENT COOE 4-7 4.103. ADMINISTRATIVE REVIEW. A. Overview. Applications subject to Administrative Director. B. Review Process. Review shall be reviewed and decided by the B. Review Process' Applications for Administrative Review shall be processed according to. Table 4-102, Cbinmon Review Procedures and Required Notice, with the following modifications: 1.Pre-ApplicationConference.Thisrequirementmaybewaivedbythe Director. 2.DeterminationofCompleteness.oncetheapplicationisdeemed technicallycomplete,theDirectorwillsendalettertotheApplicantthat indicates: a, The additional number of copies to be delivered to the county; b. The date that the Director will render a decision or, if the Director decides to refer the application to the BOCC, the date that the BOCC will hear the APPlication; and c. The notice form that the Applicant is required to mail to the Adiacent Property Owners and mineral estate owners and leseeslggseeg' 3.Notice.TheApplicantshallmailnoticepursuanttosection4.l0l.E.b.(2),. (+)., at least t'S'Oays prior to the date of the Director's decision and shall prbuoe prool of adequate notice prior to any decision. The notice shall includeaVicinityMap,theproperty'slegaldescription,ashortnarrative describing the curreni zoning and proposed Land Use Change' the contact informatiJn for the Community Development Department and the date that the Director will make a decision' 4. Decision. a, Director Decision. lf the Director decides the application, the Director will inform the Applicant and the BOCC of the approval' conditions of approval, or'basis for denial, in writing within 10 days of the date of decision. b.BOCCDecision.lftheapplicationisreferredtotheBoCCfora O".i.ion, the BOCC will memorialize their decision of approval' conditions of approval or basis for denial in the form of a Resolution' 5. Call-Up to the BOCC. The Director's decision is subject to section 4-1 12' Call-UP to the BOCC. C. Review Criteria. Anapplicationshallcomplywiththeapplicab|estandardsofthisCode. 4.104, LIMITED IMPACT REVIEW. A. Overview. Applications subject to a Limited lmpact Review shall be reviewed and decided by the BOCC. Glnaelo CouNw LAND UsE AND DEVELoPMENT CooE Applications ior Limited lmpact Review shall be processed according to Table 4-102, Common Review Procedures and Required Notice. C. Review Criteria. An application shall comply with the applicable standards of this Code. 4.105. MAJOR IMPACT REVIEW. A. Overview. Applications subject to a Major lmpact Review shall be reviewed and a recommendation made by the Planning Commission, and decided by the BOCC. B. Review Process, Applications for Major lmpact Review shall be processed according to Table 4-102, Common Review Procedures and Required Notice. C. Review Criteria, An application shall comply with the applicable standards of this Code. 4.106. AMENDMENTS TO AN APPROVED LAND USE CHANGE PERMIT. A. Overview. Applications for amendment to an approved Land Use Change Permit may be reviewed and decided by either the Director as a Minor Modification or be reviewed as a Substantial Modification. This procedure is applicable to: 1. Proposed amendments to a Land Use Change Permit approved under this Code or the Unified Land Use Resolution of 2008; 2. Proposed amendments to conditional use permits and special use permits approved by the BOCC under lhe Zoning Resolution of 978; 3. Change of a specific condition(s) of approval as identified in a final approval made by the Decision-Making Body. Any requested change of a specific condition(s) as identified in a resolution adopted by the BOCC shall be considered a Substantial Modification. B. Review Process, Applications for an amendment to an approved Land Use Change Permit shall be processed according to Table 4-102, Common Review Procedures and Required Notice, with the following modifications. 1. Pre-Application Conference. After holding a pre-application conference and within 10 business days of receiving all necessary information, the Director shall make 1 of the following 3 determinations: a, Minor Moditication. The Director shall apply the criteria in section 4-106.C. to determine if the proposed amendment is minor in nature. Upon finding the amendment is a Minor Modification, the Director shall determine the submittal reouirements for an application that may be-approved, conditionally approved, or and cause an amended Land Use Chanqe Permit to be recorded upon satisfaction of anv conditions of approval. Substantial Modification. GARFIELD CouNry LAND Use mto DEVELoPMENT CooE 4-1 0 Commented IXAEU: This ir an atiemptto say that if the modification wa9 determined to me Minor then and applicatign must be submiued in which a determination for approval, apProval with conditions o. denial would b€ made. An apprcval would result in recording ofa reviJed LucPb. (1) lf the Director determines that the proposed amendment constitutes a Substantial Modiflcation, the change shall require a new application for a Land Use Change Permit' The Director shall determine the contents ol the application submission requirements for a Substantial Modification request and provide this information in writing to the Applicant. Though a new application is required, the review oi ihe application may result in an approval, approval with conditions or denial of the amendment only. lf the amendment is denied, the Applicant's original approval is still valid. (2) Should the Applicant contest the decision made by the Director that the proposed amendment constitutes a Substantial Modification, the Applicant may request the decision be called-up to the BOCC pursuant to section 4- 112.B and C. c. Determination by the BOCC. The Director shall have the discretion to request the BOCC decide, in a Public Meeting, whether a modilication is Minor or Substantial. C. Review Criteria. Minor Modifications are those that deviate from standards or rearrange/reconfigure elevations, structures, parking areas, landscape areas, drainage facilities, utilities, or other site improvements in an apfiroved Land Use Change Permit, and that meet all of the following criteria as aPPlicable: 1. Comply with all requirements o{ this Code; 2. Do not conflict with the Comprehensive Plan; 3. Do not change the character of the development; 4. Do not alter the basic relationship of the development to ad,acent property; 5. Do not change the uses Permitted; 6. Do not require amendment or abandonment of any easements or rights-of- way; 7. Do not increase the density; g. Do not increase the zone district dimensions to an amount exceeding the maximum dimension in the applicable zone district in Table 3-201; and 9. Do not decrease the amount of the following to an amount below the minimum required in the applicable zone district: a, Amount of dedicated OPen SPace; b. The size of or change in the locations, lighting, or orientation of originally approved signs; and c. Any zone district dimensions in Table 3-201 ' 4.107. MINOB TEMPORARY HOUS]NG FACILITY. A. Overview. Applications for a Minor Temporary Housing Facility shall be reviewed and decided by the Director. GARFTELD CouNTY LAND UsE AND DEVELoPMENT CoDE 4-11 B. Review Process' AMino,TemporaryHousingFacilityshallbeprocessedaccordingtoTable4-102' Corro, Review PiocedureJand Required Notice, with the following modifications: l--Pre-Application Conference. The Director may waive the pre-application conlerence. indicates: BOCC will hear the APPlication: and -Propertv owners ano miner ffito any decision. The notice shall @'s leqal descrtption, a short nanative ffi and oroposed Land Use Chanqe the contact ffilopment Department and the date that the Director will make a decision' a. ll the permitted Site is located in the Resource Land9 Zo!-e District.' theFermitted Sit'e and mineral owner loticq is le=gyired to be sent tolh6se owners of minerals under the Permitted Site' inTe off'lce of the Countv Clerk and Recorder or Assessor' Formatted: I Heading 5, Indent: Left: 2", No bullets or numbering Formatted: I Heading 5, Tab stops: Not at 1'31" Formatted: I Heading 5, Left, Indent: Left: 2", No bullets or 4. Decision. a. Director Decision. lf the Director depidqs-the application' the msis tor denial. in writinq within 10 davs of the date of decision. 1,h. BOCC Decision. lf the application is refqrred to the BOCC for a 6nEitioi6 of approval or basis for denial in the form of a Resolution. ".5. call-Up to the BOCC. The Director's decision is subject to call-up-p_ursuanl tosection4-ll2,exceptthatcall-upmaybeinitiatedonlybythefollowing: a. b. The Applicant; Adiacent Property Owners within 2OO feet of the subject lot or the Permitted Site if ihe Permitted Site is within the Resource Land Zone Districts; The owner(s) ol the subject lot or the Permitted Site if the Permitted 4-12Gennelo CouNw LAND UsE AND DEVELoPMENT CoDE d. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, sale, lease, or acquisition of land for any road, park, or other public way, ground, place, property, or structure; and e. Public and charter schools; 2. The Location and Extent Review of a request to vacate a County road or public right-otway pursuant to section 4-108 may be combined with any request being processed through this section. B. Review Process. Applications for a Location and Extent Review shall be processed according to Table 4- 102, Common Review Procedures and Required Notice, with the following modifications: 1. The Planning Commission shall either approve or disapprove the application for a Location and Extent Review based on general conformance with the Comprehensive Plan. 2. ln the event the Planning Commission finds the application is not in general conformance with the Comprehensive Plan and disapproves the application, the following apply: a. For public and charter school projects, the Planning Commission may request a Public Hearing before the board of education, pursuant to C.R.S. 5 22-32-124(1).(a) or (1.5)(a). b. For all other projects, the Applicant may appeal the disapproval to the applicable governing body in accordance with C.R.S. S 30-28- 1 1 0(1 )(b) or (c). C. Review Criteria. The Planning Commission shall determine whether the project is in general conformance with the Comprehensive Plan. 4.112. CALL.UP TO THE BOCC. A. Overview. Where permitted by the Code, a call-up may be initiated by the BOCC, the Director, the Applicant, or any affected Adjacent Property Owner. B. Review Process. Call-ups shall be processed according to Table 4-102., Common Review Procedures and Required Notice, with the lollowing additions: 1. A request for a call-up shall be submitted in writing to the Director within 10 days of the decision:+ei€g€hallenged. 2. The request lor a call-up will be scheduled at a Public Meeting at the next available BOCC meeting. At this meeting, the BOCC shall, by a majority vote, decide whether to review the Director's decision. 3. Should it be decided that BOCC will review the Directois decision, the BOCC shall schedule a Public Hearing and provide notice as required in the original application. Should it be decided that the Director's decision will not be reviewed, the Director's decision shall be final. C. Review Criteria. The BOCC shall apply the same review criteria under which the original application was GaRF|ELD Courw Lero UsE AND DEVELoPMENT CoDE 4-18 processed. 4-1r3. HEZONTNG. A. Overview, 1. Applications lor rezoning shall be reviewed and a recommendation made by the Planning Commission, and decided by the BOCC. 2. Rezoning may be initiated by the BOCC, the Planning Commission, the Director, or the owner of the subject property. 3. The rezoning request may be processed concurrently with a Land Use Change application and review process. B. Review Process. '1 . Applications for rezoning shall be processed according to Table 4-102,. Common Review Procedures and Required Notice. 2. Corrections to the Official Zone District Map mav occur where conflicts exist between Recorded Resolutions and the zoninq map. ln these cases the Director shall determine on a case-bv-case basis whether a correction should be processed as an Administrative Fleview. a. lf the Director determines that the correction shall be processed as an. Administrative Review the procedure shall follow Section 4-103 of this code. b. lf the Director determines that the correction should not be processed as an Administrative Review then it shall be processed pursuant to 4- 113B.3. 3. Rezoninq applications that are not corrections shall be reviewed bv the. Plannino Commission for a recommendation and a decision bv the Board of County Commissioners. C. Review Criteria. Anapplicationforrezoningshalldemonstratew+th€Ubs{a+M i@ meet the following criteria: 1. The proposed rezoning would result in a logical and orderly development pattern and would not constitute spot zoning; 2. The area to which the proposed rezoning would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area; 3. The proposed rezoning addresses a demonstrated community need with respect to facilities, services, or housing; and 4. The proposed rezoning is in general conformance with the Comprehensive Plan and in compliance with any applicable intergovernmental agreement. 4-1 14. CODE TEXT AMENDMENT. A. Overview. 1. Applications for an amendment to the Land Use and Development Code shall be reviewed and a recommendation made by the Planning Commission, and decided by the BOCC. 2. Amendments to the text of this Code may be initiated by the BOCC, the GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-19 Formatted: Indent: Left: 1", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: L,2,3, ... + Start at: 1 + : Left + Alioned at: 0.75" + Indent at: 1" Formatted: Indent: Left: 1.5", Numbered + Level:2 + Numbering Style: a, b/ c, ... + Start at: 1 + Alignment: Left + Aligned at: 1.25" + Indent at: 1.5" Formatted: Indent: Left: 1", Hanging: 0.5". Numbered + Level: 1 + Numbering Style: 1,2,3, ... + Start at: 1 + : Left + Aligned at: 0.75" + Indent at: 1" Article GARFIELD COUNTY, COLORADO 5: Divisions Land Addldonal R6qulrsnontE GInrrELD COUTTTV LAND USE AND DEVELOPTTENT CODE and maintains the rural character of lands. Proposed division and development of the land maintains the opportunity for agricultural produition on the most productive and viable parcels of land' B0% of the parcel is prerserved as contiguous Open Space to be used as wildlife habiiat, Agricultural Land, critical natural areas, or similar uses' All taxes applicable to the land have been paid, as certified by the County Treasurer's Office. The Final Plat meets the requirements per section 5-402.F., Final Plat. A. Overview.1. A Minor Subdivision is any Subdivision that: a. Creates no more than 3 Parcels; b. ls served by a private well or wells, or a water supply Entity; and c. Does not require the extension, construction, or improvement of a County right-of-waY. 2. A parcel may be eligible to use the Minor Subdivision process once so long as it is not evading the Major Subdivision process or would result in a de facto Major Subdivision through the combination of previous contig-uous tvtinor Subdivisions as determined by the Director. An appeal of this determination shall be processed as an Administrative lnterpretation Appeal. 3. Further divisions of the lots created through the Minor Subdivision process shall be processed as Major Subdivisions' 4. Use of the Minor Subdivision process does not prevent the subsequent use of a RLDE Pursuant to section 5-203. B. Review Process. A Minor Subdivision application s;hall be reviewed pursuant to section 4-103' Administrative Review, and consistent with Table 5-103. C. Review Criteria. ln considering a Minor Subdivision application, the application shall demonstrate the following: 1. lt complies with the requirements of the applicable zone district and this Code.lncludinq Standiards in Article 7. Divisions 1. 2. 3 and 4. 2. lt is in general conformance with the comprehensive Plan. 3. shows satisfactory evidence of a legal, physical, adequate, and dependable water supply for each lot. 4. Satisfactory evidence of adequate and legal access has been provided. 5. Any necessary easements including, but not limited to, drainage, irrigation, utility, road, and water service have been obtained' 6. The proposed Subdivision has the ability to provide an adequate sewage disposalsystem. 8. 9. 10. Gnnrteuo Gouxrv LAND UsE AND DEvELoPuerur Coor 5-6 GARFIELD COUNTY, COLORADO Article 6: Planned Unit Developments (5) Subsequent Action. The amended PUD Plan and all associated documents are recorded within 30 days from an approval by the Director. b. Substantial Modification. (1) lf the Director determines that the proposed amendment constitutes a Substantial Modification, the change shall require a new application for a PUD. i. The Director shall determine the contents of the application submission requirements for a Substantial Modification request and provide this information in writing to the Applicant. ii. Notice shall be provided pursuant to section 4- 1Ol .E.(2)-(4) and shall include notice to all property owners of record within the PUD. (21 Should the Applicant contest the decision made by the Director that the proposed amendment constitutes a Substantial Modification, the Applicant may reqwest reouest the decision by called-up to the BOCC pursuant to section 4-1 12.8 and C. c.DeterminationbytheBoCC.TheDirectorshallhavethediscretion to request the BOCC decide, in a Public Meeting, whether a modification is Minor or Substantial. C. Review Criteria. Minor Modifications to a PUD are those that deviate from previously-approved standards or rearrange/reconfigure elevations, Structures, parking areas, landscape areas, utilities, or other siie improvements in an approved PUD, and that meet all of the following criteria as applicable: 1. Conform to the Comprehensive Plan; 2. ls consistent with the efficient development and the preservation of the character of the develoPment; 3. Do not increase the density; 4. Do not decrease the amount of dedicated Open Space; 5. Do not affect, in a substantially adverse manner, either the enjoyment of thelandabuttinguponoracrosstheroadfromthePUDorthepublic interest; 6.Donotchangetheuse@tegoryofthePUDbetweenresidential, commercial, or industrial uses; and 7. Will not be granted Solely to confer a special benefit Upon any person; and 8. Shall not affect the rights of the residents, occupants, and owners of the PUD to maintain and enforce those provisions at law or in equity' The following are the application materials for PUDs and PUD Amendments. Sections 4-203 and 6-302 provide detailed descriptions of each submittal requirement. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 6-5 b. Landscape design guidelines that include design criteria for the construction of parks, kails, rights-of-ways, and all other land held in common, if applicable. c. Signage standards such as height, lighting, placement, and quantity, as applicable. d. The County zoning regulations shall be applicable to any conditions not provided for by the approved PUD Plan Guide. Amendment Justifi cation Report. a']-General description of the amendment and any supporting information' such as the proposed amendments to the PUD General Description, PUD Technical Descriptions, PUD Plan Map, and/or PUD Plan Guide. HlEvaluation of how the PUD either is complies with the criteria in section 6-203.C. for a Minor Modification or how it does not comply with the criteria. At the time of zoning as a PUD, the Applicant may request that the BOCC modify the specifications, standards, and requirements to which the parcel(s) would be otherwise subject based on the zone district requirements set forth in Article 3. The BOCC may grant a modification if the Applicant demonstrates that the proposed specifications, standards, and requirements meet support the purpose of the PUD. ln addition, the PUD Plan shall meet the following criteria: A. Permitted Uses. 1. Permitted uses within the PUD are all uses that are either permitted in the underlying zone district or are in general conformance with the ComPrehensive Plan. 2. Upon approval, the uses that shall be permitted in any particular PUD shall be those permitted by the PUD Guide. B. Off-Street Parking. The PUD shall provide parking areas adequate in terms of location, area, circulation, safety, convenience, separation, and screening. C. DensitY. 1. Nonresidential Density. The density of nonresidential development allowed within a PUD shall comply with the Comprehensive Plan and shall not exceed the level that can be adequately served by public facilities. 2. Residential Density. a. Residential density shall be no greater than 2 dwelling units per gross acre within the PUD; provided, that the BOCC may allow an increase to a maximum of 15 dwelling units Per gross acre in areas where public water and sewer systems, owned and operated by a municipal government or special district, pursuant to C.R.S. $ 32-1- 103(20) are readily available. b. Residential density shall be calculated by summing the number of residential dwelling units planned within the boundary of the PUD and dividing by the total gross area expressed in acres within the boundary of the PUD. Averaging and transfening of densities within the PUD shall be allowed upon a showing of conformance with the B. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE GARFIELD COUNTY, COLORADO Article 7:Standards A. No Adverse Affect to Agricultural Operations. Land Use Changes on lands adjacent to or directly affecting agricultural operations shall not adversely affect or otheruise limit the viability of existing agricultural operations. Proposed division and development of the Iand shall minimize the impacts of development on Agricultural Lands and agricultural operations, and maintain the opportunity for agricultural production. B. Domestic Animal Controls. Dogs and other domestic animals that are not being used to assist with the herding or the care of livestock shall not be permitted to interfere with livestock or the care of livestock on Agricultural Lands. The County shall require protective covenants or deed restrictions as necessary to control domestic animals. C. Fences. The County is a Right to Farm County consistent with section 1-301. Fences shall be constructed to separate the development from adjoining Agricultural Lands or stock drives as required to protect Agricultural Lands by any new development and to separate new development from adjoining agricultural operations. All parts of the fencing including such items as gates, cattle guards, boards, posts, and wiring shall be maintained by the owner, HOA, or other responsible entity. D. Roads. Roads shall be located a sufficient distance back from the property boundaries so that normal maintenance of roads, including snow removal, will not damage boundary fences. Dust control shall be required, both during and after construction, to minimize adverse impacts to livestock and crops. E. Ditches.1. Colorado State Statutes, C.R.S. 37-86-102, provides that "any person owning a water right or conditional water right shall be entitled to a right-of- way through the lands which lie between the point of diversion and point of use or proposed use for the purpose of transporting water for beneficial use in accordance with said water right or conditional water right." A standard County note (stafi-Fete;-eeeseetie*-lAE @ tangsage) shall be placed on all final plats and site plans for land use change permits for orooerlies that are imrracted bv. or contain, irriQation ditches. 2. The Colorado Constitution Article XVl, Section 7 provides that all persons and corporations shall have the right-of-way across public, private and corporate lands for the construction of ditches for the purposes of conveying water for domestic, agricultural, mining, manufacturing and drainage purposes upon just compensation. 3. Rights-of-Way. The land use change shall not interfere with the ditch rights-of-way. 4. Maintenance. Where inigation ditches cross or adjoin the land proposed to be developed, the developer shall insure that the use of those ditches, including maintenance, can continue uninterrupted. 5. Maintenance Easement. A maintenance easement shall be*indicated on any Final Plat for the division of land or for the final development plan for any other land use. The Applicant shall provide a letter from the ditch owner accepting that the development proposal will have no impact on their ability to maintain the ditch and that an adequate maintenance easement GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 7.402. SUBDIV|SION LOTS. All lots in any Subdivision shall conform to the following specifications: A. Lots Conform to Code. Lot area, width, frontage, depth, shape, location, and orientation shall conform to the applicable zone district requirements and other appropriate provisions of this Code. 1. The Lot Size may be increased for lots developed in areas posing a potential hazard to health or safety due to soil conditions or geology. +L_Lot characteristics shall be appropriate for the location of the development and the type of use allowed. a. Depth and width of lots shall be adequate to provide for the required off-street parking and loading facilities required by the type of use and development contemplated. b. The width of residential corner lots shall be sufficient to accommodate the required building setback from both roads. 3. Lots sized less than one acre - Oriqinal and undisturbed Slooe in excess of 30% shall not be credited toward lot area in determinino whether the minimum lots area reouirements will be met. B. Side Lot Line Alignment. Side Lot Lines shall be substantially at right angles or radial to road right-of-way lines. C. LotsConfiguration,Cul-de-Sacs. Wedge-shaped lots or lots fronung on cul-de-sacs shall be a minimum of 25 feet in width at the front property line. D. Lot Division by Boundaries, Roads, or Easements Prohibited. No lots shall be divided by municipal boundaries, County roads or public rights-otway. 7403, S-URyEY M ONUIII Ei,lfS. Permanent Survey Monuments shall be set within all Subdivisions pursuant to C.R.S. $$ 3B-51- 104 and 38-51-'105. Prior to selling or advertising the sale of lots, No. 5 steel rebar, 18 inches or longer in length, shall be set at all lot corners. The registration number of the responsible land surveyor shall be fixed securely to the top of all monuments, markers, and benchmarks. A. Monuments Located Within Streets. Monuments located withln streets shall be No. 5 rebar steel, 36 inches or longer in length, placed so that their tops are 6 inches below the final street surface. When a street is paved or otheruvise surfaced, all such monuments within the paved or surfaced area shall be fifted with monument boxes of sturdy construction. Monuments set after paving or surfacing shall also be provided with sturdy monument boxes. B. Setting by Standard Construction Techniques. All monuments, markers, and benchmarks shall be set or witnessed according to standard construction techniques and in a fashion that is satisfactory to the BOCC. GARFTELD CouNry LAND UsE AND DEVELoPMENT CooE 7-25 4. Any antennae used for FCC licensees engaged in AM, FM, or television broadcasting. H. Telecommunications Act. All Telecommunications Facilities shall comply with all applicable standards of the Federal Telecommunications Act of 1996, and all applicable requirements of the FAA. 7.1103. WATER RESERVOIR. A water reseryoir shall not be required to comply with the minimum Lot Size requirement for the zone district in which it is located. The following shall apply to all Accessory Buildings or Structures: A. Accessory Building. The rear yard setback of an Accessory Building may be reduced to the following distance provided Clear Msion Area standards in section 7-303.1. are met. B. Accessory Structure. Accessory Structures, for example*rcluding fences, hedges, andor walls may be located within any required yard setback provided the requirements in Table 7-1201 B and Clear Vision Area standards in section 7-303.1. are met. Land Within R, RL-P, RL-E, RL-TS and RL-GS! C-1, C-G, I and PL I Structures proposing to exceed the Maximum Height may be erected if reviewed and approved through an Administrative Review (Section 4-103) where the structure: a. is required to maintain the agricultural use or the other existinE uses on the property; b. des not in any manner adversely impact the operation of any adjacent public right-of-way or roads; c. does not adversely impact the natural liEhting or visual corridor of adjacent properties; and d. will not obstruct critical traffic areas along roa GARFIELo CoUNTY LAND USE AND DEVELoPMENT CoDE 7-56 GARFIELD COUNTY, COLORADO Article B: lnclusionary Zoning for Housing a. A bond or other security acceptable to the BOCC, in an amount acceptable to the BOCC to ensure the required number of Affordable Housing Units are constructed. b. Provisions in the adopted Affordable Housing Plan that require Building Permits for 10 free-market houses may only be issued after a Building Permit for 1 Affordable Housing Unit has been issued. c. Another method of securing construction of the Affordable Housing units acceptable to the BOCC. lf the Applicant proposes to locate some or all of the Affordable Housing Units off-site, the plan for off-site location and justification therefor. The proposal for compliance with all provisions of the n+er+ag,le-geusing maintained by the Garfield County Housing Authority (GCHA) or other Approved Affordable Housing Entity (MHE). 8-202, REVIEW AND APPROVAL PROCEDURES. The Affordable Housing Plan shall be reviewed by the Director and the GCHA or other AAHE. The Affordable Housing Plan approved at Preliminary Plan shall become the "Affordable Housing Agreement" between the County, the Applicant, and the GCHA or other AAHE, which agreement will be adopted and recorded in conjunction with a Final Plat approval by the BOCC. A. Number of Units Required. ln a Subdivision required to provide Affordable Housing, 10o/o of the lots proposed in the development shall be developed with Affordable Housing Units. ln computing this requirement, any fraction of a unit lot above .50 will be rounded up and any fraction of a unit lot .49 or less will be rounded down. B. Unit Mix and Minimum Bedroom Requirement. The Applicant shall propose the mix of housing types. The Affordable Housing Units shall closely mirror the market rate units and shall be of comparable quality with similar fixtures (e.9. dishwashers, disposals, air conditioning, and energy efficient windows) to market rate units. ln addition, the units shall meet the following requirements: 1. The approved mix will provide the minimum number of bedrooms required based upon the following formula: a. Multiply the number of Affordable Housing Units required by 2.6 (the average number of persons in a household) then, b. Divide the result by'1.5 (the U.S. Department of Housing and Development criteria of person per bedroom). c. The resulting number is the minimum required number of bedrooms that must be disbursed across the required Affordable Housing Units. 2. Any proposalfor a unit with 4 or more bedrooms may be approved, but only after a special review to determine a need. 3. Any fractional Affordable Housing Units created by the above formulas will be rounded up to the next highest number. 4. The following minimum square footage requirements shall be met, with only finished square footage being counted, excluding garages, carports, and unfinished Basement space: 9. 10. Gnnrrelo Gour.rw LAND UsE aruo Developruemr Gooe 8-3 EXHIBIT G September 3,20L6 Garfield County Planning Department LOB Bth Street Glenwood Springs, CO 81601 Subject: Code Text Amendment To the Garfield County Planning Departmen! This letter is a follow-up to the letter from Bruce Barth at Red House Architecture dated October L3,2015 (see attachedJ. My name is Sarah Ludington and I own a 10- acre parcel on County Rd. 129 in Glenwood Springs. As my kids are heading off to college, I am ready to subdivide my lot and build a much smaller house on the north portion of the property that will be more suitable to my future needs. Ideally, I would like to break ground in Spring 20L7. My plan is to design a structure with a small footprint that is site specific and addresses the immediate topography of the lot [see survey attached). The current Garfield County Land Use Code does not allow for site-specific design nor does it give any consideration for house size/footprint as it relates to envelope size. In short, there is no avenue to build a small home that fits the topography of the site and does not require an extensive building envelope. I was advised over a year ago that the Garfield County Planning Department was getting ready to enact a code text amendment for land use code s.ition 3-ZOZ(d)(Z) that would make it possible to apply for subdivision that creates a lot with a building envelope less than 1 acre with slopes under 3OVu My request is that the code text amendment is approved in your September meeting. I need to be able to subdivide the proper$r in order to proceed and have been waiting quite some time already, Thankyou for considering this request. Sincerely, P ".":n.<7 uJt.,w,5. .*{--.\ Sarah Ludington 11c.9vr eely October t3,2Ol5 &qFlD {I{.WJSI: architecture Garfield County Building Department 108 8'h Street Glenwood Springs, CO 81601 Subject Code Text Amendment Dear Glenn: Please accept this letter as a request for the Garfield County planning staff to initiate a code text amendment for land use code section 3-202(d)(2). The code section requires "Lot Size 1 Acre or Greater. A minimum Building Envelope of 1 acre, that does not contain Slopes 3OVo or greater, shall be required" in order to subdivide a parcel that otherwise meets all the zone district criteria for subdivision. The referenced code section above does not allow for the ability to relate the structure and its siting and design to its lot and building envelope size. It also eliminates the ability to create site specific design for more unique lots within suMivisions. Furthermore, therl are other provisions in the code that allow development in other situations on slopes of 3O7o or greater. Please contact me with any questions or comments. Sincerely, Bruce Barth Red House Architecture 0802 Ll design + build 815 blake avenue glenwood springc colorado 816101 p 970 94.5 a?A f 970 947 9137 ww.redhouerchitectue.com sEg'4illa.l\r Iround r€bar s/p1a3. 1cap. PLS No. 27929-1 t,,rlffi:iffi#cap. PLS No.U&b tr:Ez <,,/// Singb radly ResideDca 1 r@d Erne Con5t. I 1558 Co. Rd. NO. 129 i GIeNood Springr, @, i (s6e detail) i* I SoLar Paheb Tele@try S&. f---13'6=--l c; I iu/p1as. 2?929 \n .rr 5'i ? or zE ,F -t:/d, 171.35' EXHIBIT r{ November 13,20L6 Subject: Code Text Amendment To the B0CC, This letter is in support of the PC's approval of all the Staff Recommendations regarding amendments to the Land Use Code, in particular the recommendation to delete the one-acre building envelope with slopes of 30% or less. My name is Sarah Ludington and I own a lO-acre parcel on County Rd. 129 in Glenwood Springs. As my kids are heading off to college, I am ready to subdivide my Iot and build a much smaller house on the north portion of the property that will be more suitable to my future needs. Ideally, I would like to break ground in Spring, 2077. My plan is to design a structure with a small footprint that is site specific and addresses the immediate topography of the lot. The current Garfield County Land Use Code does not allow for site specific design nor does it give any consideration for house size/footprint as it relates to envelope size. In short, there is no avenue to build a small home that fits the topography of the site and does not require an extensive building envelope. My request is that the code text amendment is approved in your November 14th meeting. Thank you for considering this request. Sincerely, Sarah Ludington