HomeMy WebLinkAbout1.02 Memo - Potential Code Amendments Related to Exemption 07.25.2018AUti t tl Ztjlb
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COMMUNITY DEVELOPMENT
Com munify Development Department
MEMORANDUM
TO:Planning Commission
FROM:Glenn Hartmann, Principal Planner
DATE:July 25, 2018
SUBJECT:Potential Code Amendments Related to Subdivision Exemptions
BACKGROUND - DRAFT TEXT
As directed at the last Planning Commission work session staff has continued to refine
and research options for amendments to the Subdivision Section of the Land Use and
Development Code. Additional research of State Statutes has been undertaken along
with additional research of other jurisdiction's code provisions. This work is ongoing. We
have prepared a more detailed outline including some specific text for discussion at the
work session.
The focus continues to be on the creation of a new exemption type along with possible
refinements to the Rural Land Development Exemption currently in the code. Additional
details are outlined below:
2018 CODE AMENDMENTS .,BASIC - CORRECTION'' EXEMPTION
The intent is to create a process modeled after existing code language in the Minor
Modification and Variance Sections of the Land Use and Development Code. lt is
anticipated to also require that the application be processed and approved subject to a
public hearing before the Board of County Commissioners. This will allow for the County's
review to closely conform with State Statutes (see excerpt below) that references BOCC
approval by regulation or resolution.
1.
Garfield Coülnty
ln Pa¡t 7, County Planning, the Colorado Rovisod Sfafufcs Seofion 30-28-
101(10)(c)N@) provicles tlml "The baañ of courtty conlnlissr'oners may, pursuanf frt
rules and regulation or resolution, exempt from this definitian of the fenns "subdivisíon"
and "subdivided land" any division of land íf the board of county commr'ssioners
determines that such divisionis nof within the purposes of fhis part 1."
Draft Language is still being developed, however, the following excepts provide a basic
outline for the structure of a new Exemption category referred to in this draft as a "Basic
- Correction" Exemption.
5.2A4 BASIC CORRECTION EXEMPTION . DRAFT
Pursuant to C.R.S. S 30-28-101(1OXd), the BOCC has established the Basic Correction
Exemption (BCE) as exempt from the definition of Subdivision but subject to Exemption
Review.
A. Review Process.
Applications for a BCE shall be processed according to Table 4-1A2, 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 a determination whether the
request is in general conformance with the Review Criteria. lf the
Director determines that it is in general conformance an Application
for BCE shall be accepted and processed by the County.
2. Should the Applicant contest the decision made by the Director, the
Applicant may request the decision be called-up to the BOCC
pursuantto section 4-112.8 and C.
3.Determination by the BOCC. The Director shall have the discretion
to request the BOCC decide, in a Public Meeting, whether a
modification can be processed as a BCE.
B. Review Griteria.
A Basic Correction Exemption is an Application that is intended to address
extenuating and extraordinary circumstances associated with the past creation of
lots or parcels without the benefit of the appropriate County review, or for which
adequate documentation is not verifiable due to the passage of time or extenuating
and extraordinary circumstances, or for which boundary line corrections are
necessary to address ownership and legal description discrepancies. The
following review criteria, as applicable shall be utilized in reviewing BCE
Applications.
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1.
2.
3.
4.
5.
6.
7.
8.
Comply with all applicable requirements of this Code;
Do not conflict with the Comprehensive Plan;
Do not change the character of the development;
Do not alter the basic relationship of the development to adjacent property;
Do not change the uses Permitted;
Do not require amendment or abandonment of any easements or rights-of-
way;
Do not increase the existing density;
Do not increase the zone district dimensions to an amount exceeding the
maximum dimension in the applicable zone district in Table 3-201;
and
Do not decrease the amount of the following to an amount below the
minimum required in the applicable zone dístrict:
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.
Extraordinary and exceptional special circumstances or conditions exist
unique to the property supporting the request.
The specialcircumstances and conditions have not resulted from any act of
the Applicant,
Because of the special circumstances and conditions the strict application
of the regulation would result in peculiar and exceptional, practical
difficulties to, or exceptional and undue hardship on, the owner of the
property.
The BCE is necessary for to relieve the owner of the peculiar and
exceptional, practical difficulties or exceptional and undue hardship.
Granting the BCE will not cause substantial detriment to the public good.
Granting the BCE will not substantially impair the intent and purpose of this
Code.
9.
10.
11.
12.
t3
14.
15.
NOTE: Additional review criteria and submittal requirements are still be developed
by Staff including use of some of the Rural Land Development Exemption Criteria.
NOTE: The Application processing piece is still being developed but will be
modeled after the Limited lmpact Review Process with a public hearing before the Board
of County Commissioners, Staff is considering requiring only a 15 day mailing notice
which is consistent with other administrative reviews and call-up notice to the BOCC
requirements.
NOTE: Requirements for exemption plats are still being developed to clarify survey
requirements on how larger "originating" parcels can be referenced.
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2OI8 GODE AMENDMENTS UPDATED RURAL LAND DEVELOPMENT EXEMPTION
The Rural Land Development Exemption is also based on specific language contained in
State Statutes under County Government Part 1 Cluster Development, Section 30-28-
40'l - 404. Revíew of this section has identifies some provisions of the County
Regulations that can be adjusted to make the Rural Land Development Exemption an
option for more property owners. Staff review indicates that it is underutilized portion of
the code with improved potential based on some minor refinements. The following
adjustments are being considered:
Section 5-203(A)(1): Reduce the required minimum size from the current 70 acres. 35
acres is an option being considered.
Section 5-203(AX2): Revise the maximum density to conform with State Statutes which
limit the maximum density to 1 unit per 17Yz acres.
Section 5-203(AX2): Simplify and clarify the density bonuses contained in this section
Section 5-203(AX3): Simplify and clariff this section to facilitate the option for
combination of properties to allow properties to quality for this exemption process
2OI8 CODE AMENDMENTS - ADDITIONAL EXEMPTION OPTIONS . RESEARCH
Ongoing research of other codes has highlighted the potential for additional exemption
types which may also be brought forth in future staff reports and pubtic hearing
discussions. These allwould continue to be based on State Statute limitations and would
include a process similar to the BCE that would require approval by Resolution of the
Board of County Commissioners.
Staff has also met again with the Division of Water Resources regarding legal water for
subdivision exemptions. While coordination with the Division will be ongoing initial
indicators are that the exemption process does offer the Division more options for the
issuance of in-house use only well permits.
2018 CODE AMENDMENTS - COORDINATED TEXT AMENDMENTS
Additional text amendments to complement the above proposals are anticipated including
Article 15, Definitions, Table 5-103 Common Review Procedures and Required Notice,
and in Table 5-401 Application Submittal Requirements.
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PROGEDURE$ - UPCOMING PUBLIC HEARINGS
Staff anticipates that the comprehensive Exemption Text Amendments can be scheduled
for public hearing in late August or early September with detailed text available for the
Planning Commission's review.
Staff appreciates the Commission's input at the work session on the concepts outlined in
this memorandum. The concepts are still very draft in nature with ample opportunity for
refinements and edits pursuant to comments and direction from the Commission.
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