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HomeMy WebLinkAbout4.0 Resolution 2016-67fl l ill r.ri',H Ei',llll Llil Il, fl l.lff l lllfit{ il ilhti'r hI l l l l l Receot lon$ : 8E555111,2212016 ot ;01 :3t pH Jean Atbarico1 of 9 Roc Fa€r$O.@@ Doc FearO,@O GFRFIELo CoUNTY CO STATE OF COLORADO COUNTY OF GARFIELD At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room,. Garfield County Administration Building, in Glenwood Springs on the 14ft day of November, 2015, there were present: John Martin . Commissioner Chairman Mike Samson . Commissioner Tom Jankovskv . Commissioner Tari Williams , County Attorney I(elly Cave , Assistant County Attomey Kevin Batchelder , County Manager Fred Jarman , Assistant County Manager Jsan Alb,erlco (absent). Clerk of the Board when the following proceedings, among others were had and done, to-wit: RESoLUTTON No. W_b_z_ A RESOLUTION AppROyINc A TEXT AMENDMENT TO ARTICLES 3,4, 5,6,7, AIID 8 OF'THE GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE TO CLARIFY PROCESS AND CORRECT GRAMMATICAL AND FORMATTING ERRORS. Regitals A. Garf,reld County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners is authorized to act. B. The Board of County Commissioners is authorized to adopt a zoning plan for the unincorporated area of Garfreld County pursuant to the provisions of $ 30-28-l I 1 through g 30- 28-716, C.R.S., as amended. Such provisions also authorize the Board of County Commissioners to provide for the approval of amendments to such zoning plan from time to time. C. On the l5th day of July, 2013 the Board of County Commissioners adopted Resolution No. 2013-46 concerning a zoning plan for the unincorporated areas of the County of Garfield, State of Colorado. D. Sections 30-28-110, 30-28-133, 30-28-133.5, and 30-28-136, C.R.S., as amehded, provide for the approval of subdivision plans and plats, and the adoption of regulations governing such plans and plats by the Board of County Commissioners for the unincorporated areas of Garfield County, Colorado. Pursuant to this authority, the Board of County Commissioners may amend such subdivision regulations from time to time. ) )ss ) 1 lIReceotlonH: 88555 11t2it2@16 01;01:312 of 9 Rac Fae:$0.00 Ir,lll*lLbl ]lll Jean Rlberlco F€s:@.0@ GRRFIELD COUNTY C0 E. Pursuant to Section 4-lI4 of the Land Use and Development Code, as amended (LUDC), the Board of County Commissioners and the Director may initiate a text Bmendment to the LUDC. F. On July 73, 2016 and Septembor 14, 2016, the Garfield County Planning Commission, with a unanimous-0 vote, certified and recommended to the Board of County Commissioners, that the Board approve the proposed text amendment. G. On November 14,2016, the Board of County Commissioners held a public hearing on the proposed text amendments. The Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. The proposed text amendment is in compliance with any applicable intergovernmental agreements. 2. The proposed text amendment does not conflict with State Law. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garheld County, Colorado, that the Garfield County Land Use and Development Code is hereby amended as shown in the attached Exhibit A. These amendments will be effective immediately. cf ADOPTED this il - day of fi)olev:,n A.n,,- ,20L6 ATTEST:BOARD COMMISSIONERS COLORADOE ofthe Board J. Upon motion duly made and seconded approved the proposed Text Amendment, by the following John Martin Aye Tom Jarkovsky . Aye Mike Samson .A ye "#:--ttei sPau i i;i'dfi^e Exhibit A Text Amendments to the Garfield County Land Use and Development Code, amended Section 3-202 D. ---+et€tepe 1. tet-Size tes*Than-1 Aere,- eriginal and undisturbed Slepein exees+ef Table 3-2Al Resldential - Suburban RS 20,000 s.f,50 05+#t o 500/"50 25 25 10 25 Residential - Urban RU 7,500 s.f.50 sse#Le 50o/"50 25 25 10 25 Commsrclal - Llmlted CL 7,500 s.f.NC:75 C:85 0s0J-1-0 50o/"50 25 R:25 C:7.5 10 40 Commercial - General CG 7,500 s.f.NC:75 C:85 OS0JjLe 500/o 50 25 R:25 C:7.5 10 40 Table 3-301 ravel Pit P Table 3-303 A. Footnotes 1 Except those accessory to airport operations. 2 Shall comply with 14CFR Part 77.9. 3Shall not interfere with navigational signals or radio communications. I Subject to Standards in sections W 3-303 8.. 7-802 and 7-803. s lf potential dangerto public safety is minimal. 6 Unless no practicable altemative exists. 7 Upon use of accepted management techniques to reduce existing end creation of new wildlife attractant$ 8 ShaU complywith FA{ circular 150/520G3A" s Per Major lmpact Review and subject to Standards in section 3-303.8.. Shall comply wlth FAA Circular 150/5200-3A. ro Prohibited if Ye acre or larger and on land owned by Airport Sponsor if necessary for Airport operatlons. tLlf Ya acre or lar$er.elf Yt acre or larger and within 5,000 feet of Runway end. 13 Utilities, power lines, and pipellnes located in the RPZ shall be underground unless they are lower than the elevation of the closest Runway surface. llll lilrr I lil tfflllllli+ I, H L1L1 1,? I tH I I I rl # hr { I t',fh ll ll I i,"1""'f6lP:Tti;3,l"ifti[."'Fll,tlBE'aEf ,,ELDG',NTYco Table 4.102 Notice required for PC and BOCC hearings. Amendments to an Approvsd LUCP Vacation of a County Road or Public in the 1O0-Year Per Administrative Review, section 4-103. in the 10O-Year The BOCC shall provide notice as required by the original application. lf no notice was required, notice shall be adeouate if included in a Notice required for PC and BOCC hearings. Corections to the Official ZoniEgJ-qpjlallbe Notice for PC and BOCC hearings published 15 Flp- O\q:-Nli -@{t -_NAL- 8,;E E -o**I6=..Els*d9aEE3-Ui- Fs =F5- F.-ilq= oD rf oG'uoo trol. EIio+40-,.,: rP+"=OF9r{--iE __l-3E= =-I Additlonal Requirements Subject to Minor or Modification Determination oer section 4-106. PC hearing requires inclusion ln posted agenda. and _lll t[rllhlr?f_fl ![h Ll# I j,il I t hrl fl{ Ihltr [ I h &,1, I I ll tReeeptlonfl: EESSSI lt'"?=' fP]"Z Pl;9la?JooB"", FBl, t l BE.8EFF r ELD couNry co Section 4-106 B.l. a. Minor Modification. 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 requirements for an apolicatioE thatmaybe-approve(,conditionallyapproved,ordeny C. lf aoproved the Director shall M provide written notice to the Applicant and cause an amended Land Use Qhange Permit to be recorded upon satisfaction of anv conditions of aoproval. Section 4-107 B. 2.Determination of Completeness. Once the aoplication_is deemed technicallv complete. the Director will send a letter to the Aoolicant that iEdicates: a. 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_thg Application: and b. The notice form that the Applicant is required to mail to the Adiacent Prooerty Owners and mineralestate owners and lesees. Notice. The Appligant shall mail notice pursuant to section 4-101.E.b.(2). - (4).. at leas_L15 davs priorto the date of the Director's decision and shall pfovide proof of adequate notice prior to anv decision. The notice shall include a .\!_cjnity Map. the property's leqal description. a short narrative describino the currsnt zonino and proposed Land Use Chanqe. the contact information for the Communitv Development Department and the date that the Director will make a decision. lf the Permitted Site is located in the Resource Lands _Zone District, the mailed notice shall be sent to those owners within 200 feet of the Permitted Site and mineral owner notice is_required to be sent to those owners of minerals undgr the Permitted Site. lf the Pelnitted Site is located in anv zone district other tha[ Resource Lands Zone District the mailed notice shall be sent to those-olrrrners within a 200 foot radius of the subiect oarcel as shoJn in the office of the Countv Clerk and Recorder or Assessor, Decision. a. Director Decision. lf the Director decides t[e application. the Director will inform the Aoplicant and the BOCC qf llleEproval. conditions of aoproval. or basis fordenial. in writing within 10 davs.of thg date of decision. BOCC Decision. lf the application is referred to the BOCC for a decision, the BOCG will memorialize their decision of approval. conditions of approval or basis for denial in the form of a Resolution. 3. 4.. lil illr.,ilhl'tlllNll Fh{ lU:ll,lU iH[f,llt#l{flrhi, ll lll Reccotlonf: 885551 f itaCl2@16 01 :o1 r31 PIt Jean Al!9r!ggt6';?-O-i;; F6iiitit.oo-ijoc FeC:o.oo GARFTELD couNrY c0 Section 4-ll2B. 1. A_fequest fof A cgll-up shall be submitted in writinq to the Director within 10 days of the decision. being-eha{lenge4 Section 4-113 B. 2. Corrections to the Official Zone District Mao mav.occur where conflicts exist between Seqorded Resolutions and the zoning map. ln these cases the Director shall determine on a case-by-case bA.sjs whether a correction should be processed as an_Administrative Review. a. lf the Director determines that the correction shall_bg proces_ggd 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- 113 B.3. 3. Rezonino applications that are not corrections shall be reviewed bv the Planninq Commission for a recommendation and a decision bv the Board of Countv Commissioners. Section 4-113 C. Review Criteria. An application for rezoning shalldemonstratei t the following criteria: i. t.;:"'. li Required Notice Eq) t, Eao- 1'g t!E "o 0) ooo. Additional Requirementsiffi,.,,,r:,,,,.; li.,l'.,., 5-202 Public/County Road Split D Per Administrative Review Seclion 4-103. 5-203 Kurar Lano uevetopment (10 Lols or Fewer)BOCC s-203 Rural Land Developmenl (Greater than'10 Lots)PC BOCC All types of notice for both PC and BOCC. 5-301 Minor Subdivision D Per Admlnistrative Review Section 4-103. 5-302.8.Sketch Plan (Optional)PC 5-302.C.Preliminary Plan PC Bocc All types of notice for boih PC and BOCC. 5-302.D.Final Plan/ Plat BOCC 5,303.B.Sketdt Plan (0ptional)PC 5-303.C.Yield Plan PC s-303.D.Preliminary Plan PC BOCC All types of notice for both PC and BOCC. 5-303.E.Final PlanlPlat I BOCC 5-304 Amended Preliminary Plan D PerAmended Preliminary Plan Section 5-304. 5-305 Amended Final Plat D Per Administrative Review Section 4-'103. f il Hr.Illlt{tli"l{F,lt[El+t hvl[lllH f l{llJ'i{'lui' ll ll I J'"*;Z:g'll?i rffi 38."' F3!, B I BE' lEE,, ELD couNry co lll ]i,rrr l' lT lff I lttfl tlil t llil hifl l JIJ I {fiI th f lJ t l+tr t I ll IReception$: 885551 1112212A15 O'l r01r3l Pl'l Jean AlberlcoI ot 9 Rec Fae:$0.00 Ooc Fe6:O.O0 GnRFIELo CoUNTY c0 Section 5-301 C.1. lt complies with the requirements of the applicable zone district and this Code* i[cludino Stand?rds in Article 7. Divisions 1. 2. 3 and 4. Section 6-203 8.1.b.2. (1) Should the Applicant contest the decision made by the Director that the proposed amendment constitutes a Substantial Modification, the Applicant may requr€st reouest the decision by called-up to the BOCC pursuant to section 4-112.8 and C. Section 6-302 B Amend ment Justification Report. 1. a, General description of the amendment and any supporting information such as the proposed amendrnents to the PUD General Description, PUD Technical Descriptions, PUD Plan Map, andior PUD Plan Guide. 2. E Evaluation 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. Section 7-201 Colorado State Statutes, C.R.S. 37-80-102, 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 p6l6 laagr{age) shall be placed on all final plats and site plans for land use change permits for properties that are impacted bv,.o.[_gontain. irrigation ditches. 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 abillty to maintain the ditch and that an adequate maintenance easement is possible. No structure or fence shall be placed within the right-of-way or easement without written permission from the appropriate ditch owner. Section 7-402 A. a,J.Lots sized less than one acre - Original and undisturbed Slope ifi excess of 30% shall not be credited toward Iot area in Ce-t_eJmining whether the minimum lot area reouirements will be met. E. 1. Land Within R, RL-P, RL-E, RL-TS and RL-G51 1 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 existing uses on the property; b. does not in any manner adversely impact the operation of any adjacent public right-of-way or roads;c. does not adversely impact the natural lighting or visual corridor of adjacent properties; andd. wlll not obstruct critical traffic a reas a Section 7-1201B. Illl ]ifriLttlfi+U[Jlt{t ll'I tJil}$I[ilJl ltrtl l''rttr t',* ll ll I Receotlon$: 885551Ittzitzata ol r@1:31 PIr Jean AlbericoI o! 9 Rec Fea:$@.@O Doc Fee;0.00 GARFIELD COUNTY c0 A. Accessory Structure. Accessory Structures, for example in€l+rding fences, hedges, and qlwalls 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. Section 8-201 A. 10.ThepropoSalforcomplianceWithallprovisionsofthe@+nes lnclusionarv Zonino Gui_delines. Division 4 of this document. maintained by the Garfield County Housing Authority (GCHA) or other Approved Atfordable Housing Entity (AAHE).