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HomeMy WebLinkAbout5.0 BOCC Staff Report 10.01.2018Board of County Commissioners — Public Hearing Exhibits Text Amendments — Accessory Dwelling Units & Exemptions October 1, 2018 (File TXTP-08-18-8671) Exhibit # Exhibit Description 1 Proof of Published Notice 2 Garfield County Land Use and Development Code, as Amended 3 Garfield County Comprehensive Plan of 2030 4 Accessory Dwelling Unit Update — Staff Memo 5 Exemption Update - Staff Memo 6 Staff Presentation 1-0 ww-0\4.OVe 6 ' `" (o0/, I—y 1V\%) 5 wkt« A (,J s (1ecsle.C1 1.) "Ai& i w.,ov3 Ad #: 0000304879-01 Customer: GARFIELD CO COMMUNITY DEVELOPEME Your account number is: 10013533 PROOF OF PUBLICATION RIFLE CITIZEN TELEGRAM STATE OF COLORADO COUNTY OF GARFIELD I, Samantha Johnston, do solemnly swear that I am Associate General Manager of the RIFLE CITIZEN TELEGRAM, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State 41193 fi iRnexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 9/13/2018 and that the last publication of said notice was dated 9/13/2018 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 9/13/2018. Samantha Johnston, Associate General Manager Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this day 9/13/2018. Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 ,IER1 LYNN MED041 NOTARY 89900 AWE Or COtRRADO NOTARY 1152184099599' CIMSSIO 4 r2,991FSAUGUST d 20X' PUBLIC NOTICE Tae Notka that tne Bow0 o1 County Canmisslon- s has r uesteU end multiple articles of be Land Use and Development Code including, t not limited. tod. a, S. 7. alt , in re, gold to the Wowing - Scnveners anus.rectlms10 arrendmems udi g but not In1100 .a 0 amendments soclet. etl eswith accessory dwelling units and Subdivision exemplars. 011 persons affected by the proposed text amend- ments are Invited to appear and state Nen News. protests or support. It you cannot appear person- alty et such hean1gthen you are urged to state your News by leder. as the Board 01 Couall ulymGOT, rerticeived �in deciiding whethe t ro appm modify or deny tie text ame0ments Tho application may be 10alewed at the office of the Community Devebpment Department located at 108 81h Street 4th Flax. Garfield County Building. Glenwood SpringColorado r between the hours a 8:00 am. and 400 p.m.. Malay mmugh F,May. A public heenng with the Boats 01 County Com- missioners on this request hes been scheduled for the tat day a October a1 t:OD p m In MP Coun- ttvv Commissioners Mastiff g Room Garfield County Admirushation Building. 198 810 Street. Glenwood Springs. 00Orado. Published In Me Ruhr Citizen Telegram on September 13. 2018 0000306879 EXHIBIT 1 MEMO EXHIBIT Garfield County TO: Board of County Commissioners FROM: Patrick Waller, Senior Planner DATE: October 1, 2018 RE: Updates to ADU requirements BACKGROUND Pursuant to the Land Use and Development Code of 2013, applicants may apply for an Accessory Dwelling Unit (ADU) — Land Use Change Permit. All ADU applications are subject to an Administrative Review process. In recent years, staff has seen a substantial increase in the amount of ADU applications. The chart below shows the number of ADU applications received since 2010. 18 16 14 12 10 8 6 4 2 0 3 2 Accessory Dwelling Unit Applications 7 8 6 15 16 10 1 2010 2011 2012 2013 2014 2015 2016 2017 2018 11Page ADU's are an important part of the housing stock in Garfield County. They allow for possible rental housing options for citizens of the County and also permit property owners to earn extra income through the use of the unit for both short-term and long-term rentals. Through the increased number of ADU applications, staff has noticed an opportunity to increase efficiency in the review that would provide a benefit for customers of the Community Development Department and the citizens of the County. Staff initially notified the BOCC of the proposed changes on June 18, 2018. Work sessions were held with the Planning Commission on June 27, and July 25. On August 22, 2018 the Planning Commission recommended unanimous approval of all Staff recommended amendments, with additional changes to the definition of Accessory Dwelling Unit and Secondary Dwelling Unit. This change recommended adding square footage to the definition and has been included. RECOMMENDED CHANGES & CORRECTIONS Staff has provided a list of code sections that will make the ADU process more efficient for smaller units. The biggest change is to add a new use to Table 3-403, titled "Dwelling Unit, Secondary". This use would require an Administrative Review as well as a Land Use Change Permit and would still be required to meet current ADU requirements. The definition of "Dwelling Unit, Accessory" will be updated to limit the overall size of those units to 1000 square feet. This use will be permitted by -right in all zone districts. Broadly, the changes are as follows: Proposed Dwelling Unit Amendments Lot Size Additional Dwelling Unit Options Review Process Minimum Lot Size for Zone District ADU permitted by -right up to 1000 square feet Building Permit Double Minimum Lot Size for Zone District ADU permitted by -right up to 1000 square feet or Secondary Dwelling Unit up to 1,500 square feet Building Permit Administrative Land Use Change & Building Permit 4 Acres or Greater ADU permitted by -right up to 1000 square feet or Secondary Dwelling Unit up to 3,000 square feet Building Permit Administrative Land Use Change & Building Permit When a use is by -right, it does not require a Land Use Change Permit and does not trigger Planning Review. With this proposal, an Accessory Dwelling Unit use would be allowed provided that minimum lot size and maximum floor area requirements are met. Notably, this means that an applicant for an ADU would not be required to send notice to adjacent property owners or mineral owners as the applicant would only be required to obtain a Building Permit. Any applicant 21 would still be required to obtain a Building Permit and an OWTS permit as applicable. The use would also still be subject to any other applicable regulations (i.e. Division of Water Resources well permitting), but compliance would not be checked at time of Building Permit by the Community Development Department. Effectively, the change would align the review process for ADU's (under 1,000 square feet), with requirements for a single-family home. One other change being proposed by these Text Amendments, is the allowance for multiple kitchens in a single -dwelling unit. Currently, only one kitchen is allowed per dwelling unit — the Planning Commission's recommended changes would allow for multiple kitchens in a dwelling unit. Staff has run into issues when a citizen would like to put a "canning kitchen" or something similar in the basement. Currently, if there is already a kitchen in the dwelling unit, the application must meet the definition of a Wet Bar for the secondary kitchen. It is defined as follows: An area of a room that is designed to be used for serving of beverages, that may only have a single bar sink and no standard size kitchen appliances such as a stove, oven, dishwasher or full size refrigerator. Counter space is limited to 25 square feet. The proposed tweak allows for staff to evaluate the entire plan for the dwelling and determine whether or not the additional kitchen allows the unit to function as a different living space from the main dwelling unit on the property. With the proposed changes a dwelling unit, single family is defined as follows: A building or portion of a building designed exclusively for residential occupancy. A single structure with 1 or more rooms designed to function as a single living facility and containing kitchen facilities plus living, sanitary, and sleeping facilities The following pages describe the proposed changes in detail. 31P age Proposed Land Use and Development Code Amendments ARTICLE 3 Existing Proposed Page 3-22 Table 3-403 Dwelling Unit, Accessory Requires Administrative Review Permitted by -right Page 3-22 Table 3-403 Dwelling Unit, Secondary Use is not listed Create use category — Requires Administrative Review. Subject to 7-701 requirements ARTICLE 5 EXISTING PROPOSED Page 5-2 5-102 (F) Exemptions from Subdivision Exempts ADU's and 2 -Family Dwelling Units from Subdivision Include Secondary Dwelling Unit in this category ARTICLE 7 EXISTING PROPOSED Page 7-20 7-302 (M) Backing Onto Public Streets Prohibited Current definition includes single- family and duplex, but does not include Accessory Dwelling Unit or Secondary Dwelling Unit Include Secondary Dwelling Unit, 2 -unit dwelling units and Accessory Dwelling Unit Page 7-20 7-303 Landscaping Standards Single -Family Dwelling Units, Accessory Dwelling Units, Industrial Uses and all uses located fully within a parcel of land in an Industrial Zone District are exempt from this section. Include Secondary Dwelling Units and 2 - Unit Dwelling Units as exempt 7-34 7-701 Accessory Dwelling Unit Standards Currently, a lot is only permitted to have one accessory dwelling unit and one single-family unit. Include statement that only an Accessory Dwelling Unit or Secondary Dwelling Unit is permitted on a lot, but not both. 41Page ARTICLE 7 CONTINUED EXISTING PROPOSED Page 7-34 7-701 Accessory Dwelling Unit Standards This proposes to update the accessory dwelling unit requirements - Change Maximum Floor Area to be limited to 1000 square feet in floor area - Change Minimum Lot Area to only require that the lot meets minimum lot size requirements - Remove requirement for separate entrance Page 7-34 7-701 Accessory Dwelling Unit There are no standards for secondary dwelling units, this update proposes to use the existing accessory dwelling unit requirements for the new secondary dwelling unit use - Use existing Accessory Dwelling Unit Standards for Secondary Dwelling Unit standards, but remove requirement for separate entrance Page 7-45 7-902 Nursery/Greenhouse One single family dwelling unit is permitted to be accessory to a nursery/greenhouse. It should be changed to read just dwelling unit rather than accessory. Remove Accessory from title of 7-902 (A) ARTICLE 15 EXISTING PROPOSED Page 15-10 Article 15 Dwelling Unit A building used exclusively for residential occupancy including single -unit dwellings, 2 -unit dwellings, and multi- unit dwellings. A building or a portion of a building used exclusively for residential occupancy, including Single -Unit Dwellings, Accessory Dwelling Units, Secondary Dwelling Units, 2 -Unit Dwellings, and Multi - Unit Dwellings. 51 Page ARTICLE 15 CONTINUED EXISTING PROPOSED Page 15-10 Article 15 Dwelling Unit, Accessory Definition A dwelling unit considered secondary to a primary dwelling unit for use as a complete independent living facility on the same parcel as a permitted principal use and that meets dimensional and other requirements applicable to the principal use, which may be attached to the primary dwelling. A dwelling unit, 1,000 square feet or less in floor area, considered accessory to a Single - Unit Dwelling for use as a complete independent living facility. The Accessory Dwelling Unit shall be located on the same lot and may be attached to or detached from the Single -Unit Dwelling. Page 15-10 Article 15 Dwelling Unit, 2 -Unit Defined as "A single building consisting of 2 dwellings" A single building consisting of 2 dwellings that does not include any combination of an accessory or secondary dwelling unit, and/or a Single -Unit Dwelling. Page 15-10 Article 15 Dwelling Unit, Secondary Currently there is no definition for a Dwelling Unit, Secondary. A dwelling unit, greater than 1,000 square feet in floor area, considered secondary to a Single - Unit Dwelling for use as a complete independent living facility. The Secondary Dwelling Unit shall be located on the same lot and may be attached to or 61 Page TEXT AMENDMENT PROCESS The proposed changes have been reviewed by the Planning Commission who recommended approval to the BOCC, the ultimate decision making body. LUDC CRITERIA FOR A TEXT 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 amendments do not conflict with State law. RECOMMENDED FINDINGS The Planning Commission recommended approval of the Text Amendment application to the Board of County Commissioners with the following findings: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. detached from the Single -Unit dwelling. Page 15-10 Article 15 Dwelling Unit, Single "A building designed A building or portion of Family exclusively for residential occupancy. A single structure with 1 or more rooms designed to function as a single living facility and containing only 1 kitchen plus living, sanitary, and sleeping facilities." a building designed exclusively for residential occupancy. A single structure with 1 or more rooms designed to function as a single living facility and containing kitchen facilities plus living, sanitary, and sleeping facilities TEXT AMENDMENT PROCESS The proposed changes have been reviewed by the Planning Commission who recommended approval to the BOCC, the ultimate decision making body. LUDC CRITERIA FOR A TEXT 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 amendments do not conflict with State law. RECOMMENDED FINDINGS The Planning Commission recommended approval of the Text Amendment application to the Board of County Commissioners with the following findings: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That the Code Text Amendment is in compliance with the criteria for approval established in Section 4-114 of the Land Use and Development Code; and 4. That for the above stated and other reasons the proposed Code Text Amendment is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 81Page Proposed ADU Changes — Redlines ARTICLE 3 - USE TABLE Use Category Use Type Residential R Districts RS 111. RU R M HP Nonresiden CL CG s ial PL Resource It RL P a D' RL E Land RL TS RL GS Unless exempted, all uses must compty with Artcle 7 Standards including Use -Specific Standards. 11111.11011111 L AND ANWIAAL-RELAT,. General Agriculture P P .-.-. • P P PP EXEMPT :wilding or Structure Necessary to Agricultural Operations, Accessory P P ■■■■. • P ■■ P EXEMPT Forestry P P ...-. • P P PP EXEMPT •roducts Processing: Storage, Distribution, and Sale Off -Site A ■■■ LL L • P P P P At Point of Production PP PPPP P • P P PP EXEMPT Animals and Related Services Animal Sanctuary P --..-. • P P 7-601 Animal Processing M ..■■ M M • .■■■ 7-602 Feedlot. Commercial M ....- M • • M Kennel. Sinai' L M LL A • L L 7-603 Kennel. Large M ... LL A • L L 7-603 Riding Stable P P .-.-. • P P Veterinar, C rr: A A L L A • • L 7-604 RESIDENTIAL USESIMMIIIIIIIIIIMI Household Living Dweliny Sirglr Ju y_r _ 1 k4 PP PPPP • P P Dwelling 2 -Unit A A A A A A• Dwelling Multi -Unit LL AL L L L • ...- Dwelling Unit, Accessory PP PPPP P • P P PP 7-701 Dwelling Unit, Secondary A A A A A A A • 4 A A A 7-701 Cabin P ....-.- P P ARTICLE 5: DIVISIONS OF LAND GENERAL PROVISIONS. 5-101. TYPES OF LAND DIVISION. Division of land is classified by the County as either a "Subdivision" or an "Exemption." Definition of Subdivision. The division of land into 2 or more parcels is a Subdivision and subject to Subdivision Review unless specifically exempted as follows: Such division occurs by operation of law, without BOCC action, as detailed in section 5-201; or Such division is established by the BOCC as a County Exemption, consistent with C.R.S. § 30-28-101(10)(d), pursuant to sections 5-202 and 5-203. Sales Prohibited Prior to Platting. No person with any interest in land located within a Subdivision or Exemption shall transfer, agree to sell, , or sell any land before the Final Plat has been approved by the BOCC and recorded with the County Clerk and Recorder. 5-102. PROCESSES EXEMPT FROM SUBDIVISION AND EXEMPTION REVIEW. The following are not "Subdivisions" or "subdivided land" as those terms are defined by State law and are not subject to County Subdivision or Exemption Review. A. Boundary or Lot Line Revision or Correction. Revision to Lot Lines or boundary lines for parcels of land outside of a recorded Plat for the purpose of revising boundary or parcel lines shall constitute a boundary or Lot Line revision or correction. If the proposed change affects a lot within a recorded Subdivision or an approved Exemption, it does not qualify as a boundary or Lot Line adjustment and the change must be processed as an Amended Plat pursuant to section 5-305. The proposed change shall meet the following criteria: There will be no new lots created; There will be no loss of access; There will be no loss of utility service to the parcels; No parcel of land created as a state -exempt 35 acre or greater lot (pursuant to C.R.S. § 30-28-101(10)b) or (10)(c)(I)) will be reduced to less than 35 acres; Merger occurs by way of a recorded deed; and Title is held in the same form and quality of ownership, for example: fee ownership must remain fee ownership; fee ownership with the possibility of reverter must remain fee ownership with the possibility of reverter; joint tenancy with right of survivorship must remain joint tenancy with right of survivorship. Garfield County Owned Property. Leases, easements, and other similar, limited property interests in property owned by Garfield County. Pipelines and Facilities Appurtenant to Pipelines. Leases, easements, surface use agreements, and other similar, limited property interests in land used for oil and gas facilities accessory to a pipeline, as defined in Article 9. 2 Telecommunication Sites. Leases, easements, and other similar, limited property interests in land used for telecommunication sites, including without limitation, cell phone, television, and radio tower sites. Public Utilities Commission Authority. Land used for a facility subject to Public Utilities Commission Authority and regulated as a Public Utility through the issuance of a certificate of public convenience and necessity in accordance with the Colorado Public Utilities Law, C.R.S. § 40-1-101, et seq. ADU, Secondary Dwelling Unit, or 2 -Family Dwelling Unit. An Accessory Dwelling Unit, Secondary Dwelling Unit, or 2 -Unit Dwelling, subject to leasehold interests only and not for separate sale/gift, and complying with this Code Certain Leasehold Interests. A leasehold interest, whether commercial or residential, and whether for the whole or a portion of a single lot, conveyed by a legally adequate writing for a defined term. The use associated with the leasehold interest must comply with this Code. If the leasehold interest is changed to either an ownership interest (e.g. from apartments to Condominiums), then the formerly exempt leasehold parcel is no longer exempt from the definition of Subdivision. Certain Private Easements. Private easements between a grantor and a grantee, including Conservation Easements, regardless of whether the burdened and dominant estates are within a recorded Subdivision or Exemption. 3 ARTICLE 7: STANDARDS 7-302. OFF-STREET PARKING AND LOADING STANDARDS. A. Off -Street Parking Required. All land uses shall be required to provide the number of off-street parking spaces set forth in Table 7-302.A. Any use not specifically listed in Table 7-302.A. shall be determined by the Director. 1. A parking or loading space that is required by this Code shall not be a required parking or loading space for another use unless it can be shown that the shared use will not result in a shortage of parking at any time. Use of approved shared parking or loading spaces, based upon the following conditions, may reduce the number of off-street parking spaces by up to 20% of the total required for all uses. a. The peak use periods for the required parking or loading space will not overlap with one another. b. The shared use arrangement for parking or loading spaces shall be for 2 or more uses located on the same site or adjoining sites. 2. When any calculation of the number of required off-street parking spaces results in a fractional space being required, such fraction shall be rounded up to the next higher number of spaces. Table 7-302.A.: Minimum Off -Street Parking Standards By Use Use Type , Single -Unit 2 Spaces Per Unit 2 -Unit 2 Spaces Per Unit Multi -Unit 2.5 Spaces Per Unit Manufactured Home Park 2 Spaces Per Unit Transitional Housing 1 Space Per Unit Overnight/EmergencyShelter 1 Space Per Staff' Auditorium/Public Assembly Areas 1 Space Per 100 Square Feet of Seating Area Public Facility 1 Space Per 300 Square Feet of Floor Area2 Health Facility 1 Space Per 300 Square Feet of Floor Area2 Lodging 1 Space Per Room Restaurant and Tavern 1 Space Per Every 4 Seats Retail, Service, or Office 1 Space Per 250 Square Feet of Leasable Floor Area Wholesale Establishment, Warehouse, Rail or Truck Freight Terminals 1 space per 2,000 square feet of Floor Area Recreational Vehicle Park 1 S ace per Recreational Vehicle Manufacturing Establishments 1 Space Per 1.000 Square Feet of Floor Area r1. Computed on the basis of the estimated maximum number ofployees and v7Knteer time. 2. Net leasable areas include only those areas that are designed to be leased to a tenant and occupied for commercial or office purposes, exclusive of any area dedicated to foyers, bathrooms, stairways, circulation corridors, mechanical areas, and storage areas used solely by tenants on the site. B. Off -Street Loading Required. Buildings or structures that are designed or that are substantially altered so as to receive and distribute materials and merchandise by truck shall provide and maintain off-street loading spaces in sufficient number to meet their need. Where the property or use is served or designed to be served by tractor -trailer delivery vehicles, the standards in Table 4 7-302.B. shall be used in establishing the minimum number of off-street loading berths required. Table 7-302.B: Off -Street Loading Requirements Gross Floor Area of Building Required Berths or Spaces Up to 10,000 Square Feet 1 Space Greater Than 10,000 Square Feet 2 Spaces C. Continuing Obligation. The provision and maintenance of off-street parking and loading spaces that comply with this Code shall be a continuing obligation of the property owner. D. Location of Required Parking Spaces. Required off-street parking spaces shall be located on the same lot or the adjacent lot proximate to the business they are intended to serve. E. Loading and Unloading. Loading and unloading of vehicles serving commercial and industrial uses shall be conducted in a manner that does not interfere with the proper flow of traffic. F. Parking and Loading Area Surface. 1. Surface Materials. Off-street parking areas, loading areas, aisles, and access drives shall have a durable, all-weather surface made of materials that are suitable for the uses to which the parking area will be put. 2. Grading and Drainage. Parking and loading surfaces shall be design by an engineer to ensure proper drainage off surface and stormwater. 3. Striping. Paved surfaces shall be striped to demarcate the parking spaces for all commercial lots and for residential lots containing over 4 contiguous spaces. G. Minimum Dimensions of Parking Areas. The minimum dimensions of parking spaces, aisles, and back-up areas are specified in Figure 7-302. The length of a parking space may be reduced to 18 feet, including wheel stop, if an additional area of 2 feet in length is provided for the front overhang of the car, provided that the overhang shall not reduce the width of the adjacent walkway to less than 4 feet. H. Compact Car Spaces. In parking areas containing more than 10 spaces, up to 20% of the number of spaces over the first 10 spaces may be designed and designated for compact cars. 1. Minimum Dimensions. A compact car space shall have minimum dimensions of 8 feet in width by 16 feet in length. 2. Signage. Compact car spaces shall be designated for exclusive use by compact cars and identified by stencil signage or a raised identification sign not to exceed dimensions. COMPACT CAR SPACE 8'X16' MINIMUM REGULAR SPACE 9' X 20' -0" Figure 7-302: Parking Space Dimensions 5 I. Minimum Dimensions of Loading Berths. The minimum dimension of any loading berth shall be 10 feet wide by 35 feet long, with a vertical clearance of 14 feet. If the typical size of vehicles used in connection with the proposed use exceeds these standards, the dimensions of these berths shall be increased. J. Handicapped or Accessible Parking. Accessible parking shall comply with the County's construction codes and the adopted or most recent edition of CABO/ICC ANSI A 117.1. K. Unobstructed Access. Each required parking space shall have unobstructed access from a road or Alley, or from an aisle or drive connecting with a road or Alley, except for approved residential tandem parking. L. Tandem Parking. Tandem parking (a vehicle parking directly behind another) that meets the following conditions may be applied to meet the off-street parking standards of this Code: 1. The space does not impede the movement of other vehicles on the site; 2. Tandem spaces serving multi -family dwelling units are assigned to the same dwelling unit; and 3. Valet parking shall be provided for tandem spaces serving commercial uses. M. Backing Onto Public Streets Prohibited. All parking areas shall be located and designed in conjunction with a driveway so that vehicles exiting from a parking space shall not be required to back onto a public road. Vehicles exiting from a parking space for a single-family, Accessory Dwelling Unit, Secondary Dwelling Unit, or duplex 2 -Unit dwelling unit may back onto a residential street. Vehicles exiting from a parking space for any use may back onto the right-of-way of an Alley adjacent to the property. N. Access Driveways. Access driveways for required off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress, and the maximum safety of pedestrian and vehicular traffic on the site. 1. Minimum Width. a. The minimum width of the access driveway for a commercial or industrial use shall be 12 feet for a 1 -way drive and 24 feet for a 2 - way drive. b. The access driveway for a residential use shall be 10 feet for a 1 - way drive and 20 feet for a 2 -way drive. 2. Clear Vision Area. Access driveways shall have a minimum clear vision area as described and illustrated in section 7-303.1. O. Parking and Loading Area Landscaping and Illumination. Off-street parking and loading areas for nonresidential uses located adjacent to residential uses or Residential Zoning Districts shall be landscaped to minimize disturbance to residents, including installation of perimeter landscaping, proper screening of loading areas with opaque materials, and control of illumination. 6 7-303. LANDSCAPING STANDARDS. Single -Family Dwelling Units, Accessory Dwelling Units, Secondary Dwelling Units, 2 -Unit Dwelling Units, Industrial Uses and all uses located fully within a parcel of land in an Industrial Zone District are exempt from this section. A. General Standards. 1. All portions of the site where existing vegetative cover is damaged or removed, that are not otherwise covered with new improvements, shall be successfully revegetated with a mix of native, adaptive, and drought - tolerant grasses, ground covers, trees and shrubs. The density of the re- established vegetation must be adequate to prevent soil erosion and invasion of weeds after 1 growing season. 2. Landscaping shall not obstruct fire hydrants or utility boxes and shall be installed so it will not grow into any overhead utility lines. Trees and shrubs shall not be planted within 4 feet of existing overhead or underground lines B. Multi -Family Development. Lots in a Residential Zone District that contain multi -family dwellings shall be landscaped in the areas not covered by impervious materials. C. Subdivision, PUD, and Rural Land Development Exemption. Landscaping in a residential Subdivision, Planned Unit Development, or Rural Land Development Exemption shall be consistent with the character of the development, the unique ecosystem, and specific environment in which the development is located. D. Plants Compatible with Local Conditions. All plants used for landscaping shall be compatible with the local climate and the soils, drainage, and water conditions of the site. When planting occurs on hillsides, Slopes, drainage ways, or similar natural areas, plant material should duplicate adjacent plant communities both in species composition and special distribution patterns. Whenever possible, drought -resistant varieties of plant materials shall be utilized. Xeriscape design principles and the use of native plant species shall be used when appropriate. E. Existing Vegetation. Healthy trees, native vegetation, natural or significant rock outcroppings, and other valuable features shall be preserved and integrated within planting areas. F. Minimum Size. To ensure healthy plant materials are installed in new development, trees and shrubs shall comply with the quality standards of the Colorado Nursery Act, 1973 C.R.S. Title 35, Article 26. 3. Deciduous Trees. Deciduous trees shall be a minimum of 1-1/2 inches in caliper, measured at a point 4 inches above the ground. 4. Coniferous Trees. Coniferous trees shall be a minimum of 4 feet in height, measured from the top of the root ball to the top of the tree. 5. Ornamental Trees. Ornamental trees shall be a minimum of 1-1/2 inches in caliper, measured at a point 4 inches above the ground. 6. Shrubs and Vines. Shrubs shall be a minimum of 1 foot in height at time of planting. Vines shall be in a minimum 1 gallon container. G. Minimum Number of Trees and Shrubs. Trees and shrubs must be grouped in strategic areas and not spread thinly around the site. Where screening is required, plant materials must be sufficient to create a semi- opaque wall of plant material between the property and the adjoining area to be screened. 7 H. Parking and Storage Prohibited. Areas required as landscaping shall not be used for parking, outdoor storage, and similar uses, but may be used for snow storage if designed in compliance with section 7-305, Snow Storage Standards. I. Clear Vision Area. A Clear Vision Area is the area formed by the intersection of the driveway centerline road right-of-way, the other road right-of-way line, and a straight line joining said lines through points 20 feet from their intersection as illustrated in Figure 7-303.A. Within a Clear Vision Area, plant materials shall be limited to 30 inches in height to avoid visibility obstructions or blind corners at intersections as illustrated in Figure 7-303.B. CLEAR VISION AREA RESTRICTED PLANTING AREA Figure 7-303 A: Clear Vision Area Space. DIVISION 7. ADDITIONAL STANDARDS FOR RESIDENTIAL USES. 7-701. ACCESSORY DWELLING UNIT & SECONDARY DWELLING UNIT A lot may be permitted to have either an Accessory Dwelling Unit or a Secondary Dwelling Unit in addition to a Single -Unit Dwelling, but not both. A. Accessory Dwelling Unit Standards 1) Maximum Floor Area. The Floor Area of an ADU shall not exceed 1,000 square feet. 2) Ownership Restriction. An ADU is restricted to leasehold interest in the dwelling unit and is for residential or Home Office/Business use only. 3) Compliance with Building Code. Construction shall comply with the standards set forth in this Code and with Building Code requirements. 4) Minimum Lot Area. The minimum Lot Size for an ADU is either: a. 2 acres, or The minimum lot size in that zone district. b. For Tots in zone distists with a m-in-imum Lot Size of less than 2 acres, the minimum Lot Size is twice the minimum required Lot Size. 8 5) Entrance 4e Dwelling I lni4 A separate entrance to the Accessory Dwelling Unit is required. 6) One per Lot. One Accessory Dwelling unit which is subordinate to a Single -Unit (primary) dwelling unit is allowed per legal lot. B. Secondary Dwelling Unit Standards 1) Maximum Floor Area. The Floor Area of a Secondary Dwelling Unit shall not exceed 1,500 square feet for a lot less than 4 acres. The Floor Area of a Secondary Dwelling Unit shall not exceed 3,000 square feet for any lot 4 acres or greater. 2) Ownership Restriction. A Secondary Dwelling Unit is restricted to leasehold interest in the dwelling unit and is for residential or Home Office/Business use only. 3) Compliance with Building Code. Construction shall comply with the standards set forth in this Code and with Building Code requirements. 4) Minimum Lot Area. The minimum Lot Size for a Secondary Dwelling Unit is either: a. 2 acres, or b. For lots in zone districts with a minimum Lot Size of less than 2 acres, the minimum Lot Size is twice the minimum required Lot Size. 5) One per Lot. One Secondary Dwelling unit which is subordinate to a Single -Unit (primary) dwelling unit is allowed per legal lot. 7-902. NURSERY/GREENHOUSE. A. Accessory Dwelling Unit. One Single -Family Dwelling Unit occupied by the owner, operator, or manager shall be considered accessory to this use. B. Storage of Materials and Equipment. Storage of materials and equipment directly related to an on-site Nursery shall be considered accessory to and incidental to the operations. 9 Article 15: Definitions Dwelling Unit. A building or a portion of a building used exclusively for residential occupancy, including Single -Unit Dwellings, Accessory Dwelling Units, Secondary Dwelling Units, 2 -Unit Dwellings, and Multi -Unit Dwellings. Dwelling Unit, 2 -Unit. A single building consisting of 2 dwellings that does not include any combination of an Accessory or Secondary Dwelling Unit and/or a Single Unit Dwelling. Dwelling Unit, Accessory. A dwelling unit, 1,000 square feet or less in floor area, considered secondary accessory to a primary dwelling unit Single -Unit Dwelling for use as a complete independent living facility. The Accessory Dwelling Unit shall be located on the same lot and may be attached to or detached from the primary Single -Unit Dwelling. Dwelling Unit, Attached. A residential building containing dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by legally divided party walls without openings. The term is intended primarily for such fee simple title ownership of dwelling types as townhouses and duplexes. Dwelling Unit, Detached. A single -unit dwelling that meets the Building Code. Dwelling Unit, Multi -Unit. A dwelling containing 3 or more dwelling units, not including hotels, motels, fraternity and sorority houses, and similar group accommodations. Dwelling Unit, Secondary. A dwelling unit, greater than 1,000 square feet in floor area, considered secondary to a Single -Unit Dwelling for use as a complete independent living facility. The Secondary Dwelling Unit shall be located on the same lot and may be attached to or detached from the Single -Unit dwelling. Dwelling Unit, Single Family or Single -Unit. A building or portion of a building designed exclusively for residential occupancy. A single structure with 1 or more rooms designed to function as a single living facility and containing enly4 kitchen facilities plus living, sanitary, and sleeping facilities. 10 EXHIBIT 5 Garfield County Community Development Department MEMORANDUM TO: Board of County Commissioners FROM: Glenn Hartmann, Principal Planner DATE: October 1, 2018 SUBJECT: Proposed Code Amendments to the Land Use and Development Code, Article 5 Divisions of Land Regarding Subdivision Exemptions BACKGROUND Earlier this year, Community Development Staff conducted work sessions with the Planning Commission and with the Board of County Commissioners on proposed Text Amendments to the Land Use and Development Code regarding refinements to the Subdivision Section to address issues with older subdivisions, plats and exemptions. These work sessions provided direction to staff to move forward with formal consideration of the amendments along with specific direction on the proposed text for the amendments. SUMMARY OF AMENDMENTS As previously presented the proposed amendments are primarily to procedural Sections and the Subdivision Exemption Section. The text amendments are further summarized below: Table 5-103 Common Review Procedures: Add new Basic Correction Exemption Procedures, including BOCC review and specifying a 15 day mailed notice requirement. Add new Section 5-204 Basic Correction Exemption Update and Edit Section 5-203 Rural Land Development Exemption 1 Table 5-401 Application Submittal Requirements: Add new Basic Correction Exemption and Submittal Requirements BASIC CORRECTION EXEMPTION The Basic Correction Exemption amendment is designed to address real issues identified by Staff and Applicants where property owners are pursuing solutions to compliance with the Subdivision Regulation portion of the Land Use and Development Code. The issues are not simple and often involve a complex history of conveyances, ownership, plat amendments, and in some cases a failure to comply with basic County Regulations by predecessors in ownership of a property. The Basic Correction Exemption sets out a process where the Board can consider by Exemption the filing of a plat that would correct an outstanding issue that is determined to have "extraordinary and exceptional special circumstances", not directly the result form any act of the Applicant. The proposed amendments continue to rely heavily on State Statutes including the excerpt below that addresses Exemptions from the Subdivision Regulation. 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." RURAL LAND DEVELOPMENT EXEMPTION This Exemption option currently exists in the Code and provides a viable option for land owners with a larger tract of land to pursue creation of new lots on their property. It requires the conservation of a significant portion of an Applicant's property (80%) as "contiguous Open Space to be used as wildlife habitat, Agricultural Land, critical natural areas, or similar uses." The amendments to this Exemption section are intended to make this process more available to property owners by reducing the required acreage and adjusting the density to be consistent with State Statues. The adjustment are designed to maintain consistency with the intent of the process and State Statutes. The revisions to the Rural Land Development Exemption Section rely on statutory provisions specifically those related to Conservation Subdivisions in the State Statutes under County Government Part 1 Cluster Development, Section 30-28-(401— 404). 2 PLANNING COMMISSION PUBLIC HEARING & RECOMMENDATION On August 22nd, the Planning Commission conducted a noticed public hearing on the proposed amendments. The public hearing was held concurrently with the consideration of amendments to the Accessory Dwelling Unit regulations and definitions. The Planning Commission formalized by motion a recommendation for approval of the Text Amendments with minor corrections as presented by Staff at the public hearing. The motion passed by unanimous 7 — 0 vote of the Commission. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That the Code Text Amendment is in compliance with the criteria for approval established in Section 4-114 of the Land Use and Development Code. 4. That for the above stated and other reasons the proposed Code Text Amendment is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. RECOMMENDED TEXT - EXHIBIT A The specific text recommended by the Planning Commission is attached as Exhibit "A". Amendments including the new Basic Correction Exemption section are highlighted in yellow. Deletions are shown as strikethrough. 3 EXHIBIT "A" TEXT AMENDMENTS SECTION 5 DIVISIONS OF LAND Table 5-103: Common Review Procedures and Required Notice Common Review Procedures 4-101. A m U C .4' C v o 0 'Q a c' a BCDE N N c m E o a = rn a R a, ..- a, ` o y ` 8 a c ° f0 w d - o Z F c o o iv E 0 ■ G cco 'v� . o D H C O .Q W a c 3 0 1 o N w ■ C m E ly C y m m CC co c d o N mi a v °'c H o_ Required d — 2 Per Administrative m N a_ Section Notice Additional Requirements Review 4-103. Board of County BOCC Commissioners D Director PC Planning Commission Exemptions 5-202 Public/County Road Slit 5-203 Rural Land Development (10 Lots or Fewer v v v y .0 BOCC v v v v v `' 5-203 Rural Land Development (Greater than 10 Lots v .0 v v v PC BOCC . . . v v v All types of notice for both PC and BOCC. 5-204 Minor Subdivision 5-301 Basic Correction Exemption Minor Subdivision v v v v v v v .0 v v v BOCC D v ■■- v ,. , Per Administrative Section 15 day mailed notice Review 4-103. Major Subdivision 302.B. (Optional) Plan ■ ' ■■ PC ■■- 5 302.C. Preliminary Plan .0 v v v v PC BOCC v v v v All types of notice for both PC and BOCC. 5 302.D. Final Plan/ Plat ■ v v v ■■ BOCC v v v Conservation Subdivision 303.B. (Optional) Plan �■ ' ■■ PC ■■- 5 303.C. Yield Plan ■■. PC 5—Preliminary 303.D. Plan v v v v .0 PC BOCC v v v v v All types of notice for both PC and BOCC. 5 303.E. Final Plan/Plat ■ ■■■ BOCC — -- Amendments. Subdivisions Re - Plat Vacation Preliminary Plan 5-304 Amended Prelimina Plan v ■ ■■ D ■ Per Amended Section 5-304. 5-305 Amended Final Plat D Per Administrative Review Section 4-103. 5-306 Common Interest Communit ■ D Per Administrative Review Section 4-103. 5-307 Vacating a Final Subdivision or Subdivision Exemption Plat • • ,, ,, v v BOCC v v v 4 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 Tots 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 5-1032, 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 property; 5. Demonstrates that extraordinary and exceptional special circumstances or conditions exist unique to the property supporting the request. 5 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 limitations 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 Iienholder certificates. 6 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. 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. 8 Table 5-401: Application Submittal Requirements Application Type Section 4-203 BCDEFGHJKLMN Section 5-402 B C D E F G H 1 a a f4 ca 2 E a c .4a a D. c c c ca L co a ao cc v . C >-v)D.LL m a R C LL a a a Written Narrative/Additional Submissions 5-202 Public/County Road Split 5-203 Rural Land Development 5-204 Basic Correction Exemption ✓ V 44 44 4, 1 4' ✓ V 40 4, ✓ V 44 44 44 44 4, 90 44 v Demonstration of access, water and sewer. Engineering reports and plans: A, B, C, D, E. Demonstration of access, water, and sewer or waiver requests Minor Subdivision 5-301 Minor Subdivision 44 44 44 4, 44 4' 94 Preliminary engineering reports and plans: A, C, E, H 5 -Sketch Plan 302.B ✓ V 9, 4' 5- 302.0 Preliminary Plan 44 44 44 94 4, 1 44 1 Preliminary engineering reports and plans: A, B, C. 5 -Final Plan/Plat 302.D 44 94 V V Engineering reports/ plans: A, B, C, D, E, F, G. Conservation Subdivision 5- 303.6 5- 303.0 5- 303.D Sketch Plan Yield Plan Preliminary Plan 44 44 44 4, 4, 44 4, 1 44 v 4, 1 9, 44 v 9, 9, 4, 4' Preliminary engineering reports and plans: A., B., C. 5- 303.E Final Plan/Plat 44 4' 9, 9, 44 40 1 Engineering reports and plans: A, B, C, D, E, F, G. 9