HomeMy WebLinkAbout1.04 Memo - Proposed AMD Subdivision Exemptions 08.22.20181
MEMORANDUM
TO: Planning Commission
FROM: Glenn Hartmann, Principal Planner
DATE: August 22, 2018
SUBJECT: Proposed Code Amendments to the Land Use and Development
Code, Article 5 Divisions of Land
BACKGROUND
As directed at the last two Planning Commission work sessions staff has continued to
refine and research options for amendments to the Subdivision Section of the Land Use
and Development Code. As discussed at the work sessions the amendments are
designed to address real issues identified by Staff and Applicants when pursuing
solutions to compliance with the Subdivision Regulation portion of the Land Use and
Development Code.
The issues are not simple and often involve complex interconnections with other agencies
and their regulations. As such the solutions presented in the current draft for the
Commission’s consideration are anticipated to break some new ground, may require
reinforcement by Director Policies down the road, and may generate challenging
discussion at the Commission and Board of County Commissioner’s level. The Planning
Commission’s direction and refinement of the draft is welcomed and encouraged.
This proposed amendments will continue to rely heavily on State Statutes including the
excerpt below that addresses Exemptions from the Subdivision Regulation and the
statutory provisions related to Conservation Subdivisions in the State Statutes under
County Government Part 1 Cluster Development, Section 30 -28-(401– 404).
Community Development Department
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In Part 1, County Planning, the Colorado Revised Statutes Section 30-28-
101(10)(c)(X)(d) provides that “The board of county commissioners may, pursuant to
rules and regulation or resolution, exempt from this definition of the terms “subdivision”
and “subdivided land” any division of land if the board of county commissioners
determines that such division is not within the purposes of this part 1.”
SUMMARY OF AMENDMENTS
As previously presented the proposed amendments are primarily to procedural Sections
and the Subdivision Exemption Section. A significant addition is the edit to Section 5-102
relating to properties with existing County approvals. The text amendments are further
summarized below:
Table 5-103 Common Review Procedures: Add new Exemption Procedures, including
BOCC review and specifying 15 day mailed notice requirement.
Add new Section 5-204 Basic Correction Exemption
Update and Edit Section 5-203 Rural Land Development Exemption
Table 5-401 Application Submittal Requirements: Add new Exemption Types and
Submittal Requirements
SUGGESTED FINDINGS & RECOMMENDATION
Specific Text for the proposed amendments is attached as an Exhibit with new Sections
highlighted in yellow. The attachments reflect the Staff recommendation for the Text
Amendments to Section 5, Divisions of Land in the Land Use and Development Code.
The Planning Commission motion for recommending approval of the Text Amendments
to the Board of County Commission needs to include the Findings outlined in the Staff
Memo prepared by Patrick Waller, Senior Planner. The Findings are generally applicable
to both the ADU and Subdivision Text Amendments and reflect the Finding that the
proposal meets the Approval Criteria contained in Section 4-114 of the Land Use and
Development Code.
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Table 5-103: Common Review Procedures and Required Notice
Common Review
Procedures 4-101. A B C D E F G H I
Pre-Application Conference Completeness Referral Agency Evaluation by Director Notice Recommendation Decision Duration and Expiration Extension Additional Requirements (See Section) Required Notice
BOCC Board of County
Commissioners Published Mailed Posted
Additional
Requirements
D Director
PC Planning
Commission
Exemptions
5-202 Public/County
Road Split D Per Administrative Review
Section 4-103.
5-203
Rural Land
Development
(10 Lots or
Fewer)
BOCC
5-203
Rural Land
Development
(Greater than 10
Lots)
PC BOCC
All types of
notice for both
PC and BOCC.
5-204 Basic Correction
Exemption BOCC 15 day mailed
notice
Minor Subdivision
5-301 Minor Subdivision D Per Administrative Review
Section 4-103.
Major Subdivision
5-
302.B.
Sketch Plan
(Optional) PC -- -- --
5-
302.C. Preliminary Plan PC BOCC
All types of
notice for both
PC and BOCC.
5-
302.D. Final Plan/ Plat BOCC -- -- --
Conservation Subdivision
5-
303.B.
Sketch Plan
(Optional) PC -- -- --
5-
303.C. Yield Plan PC -- -- --
5-
303.D. Preliminary Plan PC BOCC
All types of
notice for both
PC and BOCC.
5-
303.E. Final Plan/Plat BOCC -- -- --
Amendments, Re-
Subdivisions Plat Vacation
5-304 Amended
Preliminary Plan D Per Amended Preliminary Plan
Section 5-304.
5-305 Amended Final
Plat D Per Administrative Review
Section 4-103.
5-306 Common Interest
Community D Per Administrative Review
Section 4-103.
5-307
Vacating a Final
Subdivision or
Subdivision
Exemption Plat
BOCC
DRAFT TEXT AMENDMENTS SECTION 5 DIVISIONS OF LAND
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5-204 BASIC CORRECTION EXEMPTION
Pursuant to C.R.S. § 30-28-101(10)(d), the BOCC has established the Basic Correction
Exemption (BCE) as exempt from the definition of Subdivision but subject to Exemption
Review.
A. Overview and Review Criteria.
A Basic Correction Exemption (BCE) will be applied on a case-by-case basis to certain
divisions of land that, in the sole opinion of the BOCC, 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.
B. Review Process.
Applications for a BCE 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 a determination whether the
request is in general conformance with the Review Criteria. If 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
pursuant to section 4-112.B 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.
C. Review Criteria
An Application for a BCE shall meet the following criteria:
1. Compliance with all applicable requirements of this Code;
2. Does not generally conflict with applicable sections the Comprehensive
Plan;
3. Does not change the existing character of the development;
4. Does not alter the basic relationship of the development to adjacent
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property;
5. Demonstrates that extraordinary and exceptional special circumstances or
conditions exist unique to the property supporting the request.
6. The special circumstances and conditions have not directly resulted from
any act of the Applicant.
7. 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.
8. The BCE is necessary for to relieve the owner of the peculiar and
exceptional, practical difficulties or exceptional and undue hardship.
9. Granting the BCE will not cause substantial detriment to the public good.
10. Granting the BCE will not substantially impair the intent and purpose of this
Code.
11. The BCE shall have sufficient legal and physical source of water pursuant
to Section 7-104 or waivers to said section.
12. The BCE shall have legal and adequate access pursuant to Section 7 -107
or waivers to said section.
13. The BCE does not create hazards identified in Section 7 -108 and Section
7-205 or exacerbate existing hazards.
14. The BCE shall have an adequate water distribution system and wastewater
disposal system pursuant to Section 7-105 or waivers to said section.
15. Board of County Commissioner’s approval may include conditions of
approval or plat notes to address limitation s associated with Article 7
Standards including provision of adequate water.
16. The Final Exemption Plat meets the requirements per section 5-402.F.
Board of County Commissioner’s approval may include conditions of
approval or plat notes to address Final Plat requirements including
lienholder certificates.
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5-203. RURAL LAND DEVELOPMENT EXEMPTION.
Pursuant to C.R.S. § 30-28-101(10)(d), the BOCC has established Rural Land
Development Exemption (RLDE) as exempt from the definition of Subdivision but subject
to Exemption Review.
A. Overview.
The RLDE will be applied on a case-by-case basis to certain divisions of land that,
in the sole opinion of the BOCC, advance the objectives of Garfield County
regarding the preservation of rural lands as Agricultural Land and Open Space and
maintain the greater portion of the property for agricultural purposes, natural
resource utilization, Open Space, or other rural land uses.
1. The RLDE may be used to create a Cluster Subdivision Development
on a parcel of land 70 35 acres or more in any unincorporated area
of the County.
2. The RLDE shall be for Single-Family Dwelling and ADU use only.
The density shall not exceed 1 lot per every 35 17.5 acres for lots
less than 70 acres. The density shall not exceed 1 lot per every 35
acres for Lots 70 acres or greater, plus 1 lot per each 100 acres plus
1 additional lot. The maximum number of lots in a Rural Land Use
Development Exemption is 42 lots plus the remainder parcel.
3. This Code does not preclude owners of adjacent properties from
combining their properties for the purposes of forming a parcel
eligible for division under the provisions of the RLDE option.
4. The requirements of Article 8, Affordable Housing, shall not apply to
RLDEs.
B. Review Process.
Applications for a RLDE shall be processed in accordance with Table 5-103.
C. Review Criteria.
An application for a RLDE shall meet the following criteria:
1. The RLDE is in general conformance with the Overview Standards
contained in Section 5-201 (A).
2. The RLDE is in general conformance with the Comprehensive Plan,
and complies with any applicable intergovernmental agreements.
3. The RLDE lots have sufficient legal and physical source of water
pursuant to section 7-104.
4. The RLDE lots have legal and adequate access pursuant to section
7-107, Access and Roadways.
5. The RLDE does not create hazards identified in section 7-108 and
section 7-205 or exacerbate existing hazards.
6. The RLDE lots have an adequate water distribution system and
wastewater disposal system pursuant to section 7-105.
7. Development and use of the remainder parcel shall be restricted to
1 dwelling unit plus an Accessory Structure for agricultural use.
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8. Proposed division and development of the land minimizes the
impacts of residential development on Agricultural Lands and
agricultural operations, and maintains the rural character of lands.
Proposed division and development of the land maintains the
opportunity for agricultural production on the most productive and
viable parcels of land.
9. 80% of the parcel is preserved as contiguous Open Space to be used
as wildlife habitat, Agricultural Land, critical natural areas, or similar
uses.
10. All taxes applicable to the land have been paid, as certified by the
County Treasurer’s Office.
11. The Final Plat meets the requirements per section 5-402.F., Final
Plat.
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Table 5-401: Application Submittal Requirements
Application Type
Section 4-203 Section 5-402 Section 8-201
B C D E F G H J K L M N B C D E F G H I
Written Narrative/Additional
Submissions General Application Materials Vicinity Map Site Plan Grading and Drainage Plan Landscape Plan Impact Analysis Rezoning Justification Report Development Agreement Improvements Agreement Traffic Study Water Supply/Distribution Plan Wastewater Management Plan Yield Plan Site Map Sketch Plan Map Preliminary Plan Map Final Plan Map Final Plat Open Space Plan Map Visual Analysis Codes, Covenants, Restrictions Affordable Housing Plan Exemptions
5-202 Public/County
Road Split Demonstration of access, water and
sewer.
5-203 Rural Land
Development Engineering reports and plans: A,
B, C, D, E.
5-204 Basic Correction
Exemption Demonstration of access, water,
and sewer or waiver requests
Minor Subdivision
5-301 Minor Subdivision Preliminary engineering reports and
plans: A, C, E, H
Major Subdivisions
5-
302.B Sketch Plan
5-
302.C Preliminary Plan Preliminary engineering reports and
plans: A, B, C.
5-
302.D Final Plan/Plat Engineering reports/ plans: A, B, C,
D, E, F, G.
Conservation Subdivision
5-
303.B Sketch Plan
5-
303.C
.
Yield Plan
5-
303.D Preliminary Plan Preliminary engineering reports and
plans: A., B., C.
5-
303.E Final Plan/Plat Engineering reports and plans: A,
B, C, D, E, F, G.