HomeMy WebLinkAboutText Amendment Resolution 2020-19STATE OF COLORADO )
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County of Garfield )
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At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held
in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday the
11th day of May, 2020, there were present:
John Martin , Commissioner Chairman
Mike Samson , Commissioner
Tom Jankovsky , Commissioner
Kevin Batchelder , County Manager
Tari Williams , County Attorney
Kelly Cave , Assistant County Attorney
Jean Alberico , Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2020- 1
A RESOLUTION APPROVING A TEXT AMENDMENT TO AMEND THE GARFIELD
COUNTY LAND USE AND DEVELOPMENT CODE OF 2013, AS AMENDED
INCLUDING BUT NOT LIMITED TO ARTICLES 3, 7, AND 15 IN REGARD TO
REGULATIONS FOR PROCESSING OF APPLICATIONS, APPLICATION
SUBMITTAL REQUIREMENTS, APPLICATION STANDARDS AND REVIEW
CRITERIA AND DEFINITIONS ASSOCIATED WITH "EXTRACTION, GRAVEL"
AND "EXTRACTION, MINING AND OTHER" USES
Recitals
A. Garfield 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 Garfield County pursuant to the provisions of§ 30-28-111 through § 30-
28-116, 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 15th 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 amended,
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.
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E. Pursuant to Section 4-114 of the Land Use and Development Code, as amended
(LUDC), the Board of County Commissioners and the Director may initiate a text amendment to
the LUDC.
F. The Board of County Commissioners were the applicant for the Text Amendments
to amend the LUDC.
G. On April 22, 2020, the Garfield County Planning Commission, opened a public
hearing on the proposed amendments. The Planning Commission closed the public hearing on
April 22, 2020 to make a decision. The Planning Commission with a 7-0 vote recommended to
the Board of County Commissioners, that the Board approve the proposed text amendments.
H. On May 4, 2020, the Board of County Commissioners opened a public hearing on
the proposed text amendments. The Board of County Commissioners continued the public hearing
to May 11, 2020. The Board of County Commissioners closed the public hearing on May 11, 2020
to make a decision.
I. 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. 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that the Garfield County Land Use and Development Code, and as
subsequently amended by this Board, shall be and hereby is amended and said language will be
incorporated into the codified Garfield County Land Use and Development Code as shown on the
attached Exhibit A.
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ADOPTED this I — day of
ATTEST:
, 2020
GA' • , COUNTY BOARD OF
CO I ISSIO L RS, GARFIELD
CC LINTY, C LORADO
C k of the Board Chai
Upon motion duly made and seconded e foregoing Resolution as ap fl by the
following vote:
John Martin /Nay
Tom Jankovsky /Nay
Mike Samson /Nay
1111 J1/2/ M OW flik,Ei lr;'ilrllril'!AIYlilfild 11 Il i
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EXHIBIT A
TEXT FOR AMENDMENTS TO THE LAND USE AND DEVELOPMENT CODE
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EXHIBIT A
TEXT FOR AMENDMENTS TO THE LAND USE AND DEVELOPMENT CODE
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GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE
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:7-1002. GRAVEL OPERATION.
A. Water Quantity and Quality Impacts/Floodplain Impacts.
Every application for gravel extraction shall address the following:
1. No application shall be accepted by the County without a letter from the
applicable fire protection district stating that the proposed project has been
adequately designed to handle the storage of flammable or explosive solids
or gases and that the methods comply with the national, State, and local
fire codes.
2. No materials or wastes shall be deposited upon a property in such form or
manner that they may be transferred off the property by any reasonably
foreseeable natural causes or forces.
3. When the proposal is near a river or stream, the Applicant is required to
submit an analysis by a professional engineer showing the boundaries of
the Floodplain and the Floodway in the area of the pit.
4. All gravel extraction operations shall comply with the applicable standards
of section 3-301, Floodplain Overlay Regulations, and will be subject to
section 4-109, Development in 100 -Year Floodplain.
a. In all cases, there shall be no storage of fuel or hazardous materials
including concrete/asphalt Batch Plants within the Floodway.
b. All applications shall provide a dewater/discharge plan that
provides a detailed graphic representation of how dewatering
operations shall occur. This plan shall demonstrate that the
discharge will not exceed State standards for discharge into a water
course or Wetland.
B. Air Quality.
No application shall be approved until the Applicant submits evidence that uses shall have
current CDPHE air pollution permits and shall meet current CDPHE emissions standards
for air and water.
C. NoiseNibration.
Gravel extraction operations shall be conducted in a manner such that the volume of
sound generated does not constitute a public nuisance or hazard. Gravel extraction
operations shall comply with the standards set forth in C.R.S., Article 12, Title 25, except
as such standards are modified as follows:
1. An Applicant shall submit a noise study that demonstrates the proposed
gravel operation can meet the requirements in the matrix below based on
measuring the sound levels of noise radiating from a property line at a
distance of 25 feet or more beyond the subject property, except as
excluded for construction activities per C.R.S. § 25-12-103 et seq., that
allows up to 80 db(A).
2. The dB(A) threshold shown in Table 7-1002 shall be that of the receiver
and not that of the emitter. For example, while the gravel operation would
be considered an industrial operation, the dB(A) levels shown below are
measured according to the neighboring uses so that if a residential use was
located adjacent to the operation, sound levels could not exceed 55 dB(A)
from 7:00 a.m.to 7:00 p.m. and 50 dB(A) from 7:01 p.m. to 6:59 a.m.
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Table 7-1002: dB(A) Threshold per Neighboring :Use
11
Use
Residential
Commercial
Light Industrial
industrial
7 am to 7pm. 7 pm to7:am
55 d8(A)
60 dB(A)
70 dB(A)
80 d8(A)
50 dB(A)
55 dB(A)
65 d8(A)
75 dB(A)
3. Every use shall be so operated that the ground vibration inherently and
recurrently generated is not perceptible without instruments at any point of
any boundary line of the property on which the use is located.
D. Visual Mitigation.
All applications for gravel extraction shall address the following:
1. A11 gravel operations proposed to mine areas greater than 30 acres shall
be designed in multiple phases in order to minimize the visual impact of the
Gravel Pit primarily by logical "sequencing" and "overall layout" of the pit's
design.
2. Screening, Berming and Buffering.
a. The operation shall be organized on the site to minimize impact on
adjacent land uses and protect established neighborhood character
through installation of screen fences, berming, and/or landscape
materials, as well as by the location of access points, lighting, and
signage.
b. Visual screening shall be in place prior to the commencement of the
commercial mining activity of each phase. Site preparation activity
such as removal of overburden shall be allowed prior to the
construction of the visual screening if material will be used for the
creation of the necessary screening.
3. Unless otherwise determined by the BOCC, mining operations shall be
allowed to progress so long as the previous phases have been reclaimed
within 6 months after the commencement of the new phase. If the
reclamation has not commenced in 6 months, or has not been completed
within 18 months, all mining operations on the property shall stop until the
reclamation/revegetation has occurred to the satisfaction of the County.
E. County Road System.
1. AH applications shall submit a Traffic Impact Study consistent with section
4-203.1.
2. Any required improvements shall either be in place prior to or shall be
constructed in conjunction with the proposed use.
3. Truck traffic will not access the mining operation through residential or
commercial areas, or such traffic will be mitigated.
4. Proposed haul routes from the extraction operation will be upgraded to
withstand the additional traffic, if determined by the Traffic Study or
recommended by the County Engineer, and the permittee will prevent road
damage and mitigate dust, under the supervision of the Road Supervisor.
5. If a driveway access permit is required by the County Road and Bridge
Department, Applicant must comply with all permit conditions. The owner
or operator of a gravel extraction operation is responsible for any damage
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caused by the operation's traffic to a County Road. Repair or replacement
of road surface will be determined by the Road Supervisor.
F. Compatibility with Surrounding Land Uses.
The proposed operation will be located so as to mitigate cumulative impacts to roads, air,
and water quality
G. Revegetation.
All revegetation efforts shall occur as part of phased reclamation. The Applicant shall
provide locations of County -listed noxious weeds on a map. Once the inventory is
provided, the Applicant shall develop a Weed Management Plan that addresses all
County -listed noxious weeds found on site. This Weed Management Plan shall be
submitted to the County Vegetation Manager for approval prior to the issuance of a Land
Use Change Permit
H. Reclamation.
All applicants shall submit a reclamation plan that complies with the standards of the
Colorado Division of Reclamation, Mining and Safety (CRMS) and meets the following
design criteria:
1. The Reclamation Plan approved by the County as part of the Land Use
Change Permit shall be resubmitted to the DRMS to become the only
reclamation plan (tasks/timetables) used by both the County and DRMS.
Additionally, a bond shall need to be calculated to cover this plan and
secured with DRMS to cover its implementation.
2. Wetland and Dryland Slopes. Wetland and Dryland Slopes are illustrated
in Figure 7-1002.
a. Wetland Slope Areas:
(1) For the purpose of this section, Wetland Slope is defined as
3 feet above the shoreline and 3 feet below the shoreline.
(2) Wetland Slopes shall be predominantly 5:1 or shallower,
with at least 80% 5:1 and 20% 10:1 or shallower. The
percentage of Wetland Slope is calculated along the
perimeter of the reclaimed lakes.
(3) An alternate plan for the shoreline area which modifies the
standards above may be proposed by an Applicant to
accommodate special needs for:
(a) Water-based recreation amenities;
(b) Reducing wildlife habitat along certain sections of
shoreline due to proximity to an airport; or
(c) Fishing embankments.
(4) Other special needs or uses that may be proposed by the
Applicant.
(5) Wetlands shall be included in the reclamation plan for all
shoreline areas.
b. Dryland Slope Area.
(1) For the purposes of this section, the Dryland Slope area is
defined as any area above a Wetland Slope in the post -mine
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land use that will predominately be used for rangeland
grazing and wildlife habitat.
(2) Dryland Slopes shall be predominantly 5:1 with at least 85%
of the Slopes 5:1 or shallower.
An alternate Slope plan for the Dryland area which modifies
the standards above may be proposed by an Applicant to
accommodate special needs when:
(a) The existing terrain Slope is steep (greater than 5:1);
or
(b) Where there is little or no available on-site backfill
material.
(3)
General Cross Section
Reclaimed Pit Lake Areas
Cottonwood Wing.
Or Trees Planted Jus! Original Ground
Above Wetland Slope
Topsoil Repeced
nd Siapo
(Slope Length Varies
Depending on
Ground Warr Level)
Wel . nd Sicpo
Approximate Zone
S' Wide
Wetland Slope Close Up
1
Water
1111 Level
W eter Levet
Minimum 3H1V Slope _
Required Until 211:1V Minim urn Slops ' i
10 VerticalFee[ Length Vedea Depending On
Below Waley Level SimConditions
PR Floor
Figure 7-1002: Wetland and Dryland Slopes
3. Vegetation.
a. Wetland Criteria.
(1)
All Wetland Slopes on a Reclamation Plan shall include
revegetation with appropriate species shown on a
Landscape Plan. The plan shall:
(a) Show the reclaimed Wetland area to scale;
(b) Identify the species and number of plantings;
(c) Provide for adequate irrigation, if required;
(d) Provide for adequate species diversity to enhance
wildlife habitat; and
(e) Provide other site specific requirements as may be
identified.
(2) Wetland seeding shall occur immediately prior to lake filling
using the following methods:
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(a) Seeding shall be done by drilling or by hydro -
seeding methods. Broadcast seeding is not
permitted;
(b) Revegetation of Wetlands shall also include planting
of trees, willows and/or shrubs; and
(c) Existing trees may be included in the plan if they are
a minimum of 8 feet in height and 2 inches in
diameter.
b. Dryland Criteria. All Dryland areas on a Reclamation Plan shall
include revegetation with appropriate Dryland plant species
including a mixture of grasses, forbs, and shrubs, based on the
written recommendation of a qualified professional.
4. Reclamation with multiple ponds or lakes shall provide islands or
peninsulas that make up at least 20% of total lake surface in order to break
up the surface and provide undulation of shorelines in a natural -like
appearance.
5. To the extent permitted by law, unless all disturbance created by the mining
operation is covered by a reclamation bond under jurisdiction of the DRMS,
or by the Federal government on federally -owned lands, a bond or other
acceptable financial performance guarantee shall be submitted in favor of
the County in an amount of at least 150% of the cost of restoration of the
site and access roads. The required amount of such financial performance
guarantees may be increased at the discretion of the BOCC to account for
inflation. A bid for site restoration acceptable to the permittee and the
County shall be submitted to the Community Development Department as
evidence of the cost of reclamation for bond setting purposes.
Enforcement.
1. The County shall not issue a Land Use Change Permit until all required
local, State, and Federal permits have been obtained and submitted to
Garfield County including, but not limited to, the municipal watershed
permit, CDPHE, USAGE, NPDES, Division of Water Resources (approved
well permits and plan for augmentation), etc.
2. The Operator acknowledges that the County has performance standards
in place that could lead to revocation of the Land Use Change Permit if
continued violations of the permit occur over a period of time.
3. The County can request a site inspection with 1 -day notice to the Operator.
The owner or Operator must grant full access to any part of the site will be
granted. On request, all paperwork must be shown. The County cannot
request a large number of inspections that would interfere with normal
operation without cause.
4. Prior to contacting the appropriate agency, the County commits to notifying
the Operator of any compliance concern identified during a site inspection.
5. Any person at any time can call any permitting agency directly and request
an inspection if they believe a condition of that agency's permit is being
violated.
6. To ensure that certain conditions of a permit are complied with, the BOCC
may require a financial performance guarantee in addition to that required
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by the DRMS. The required amount of such financial performance
guarantees may be increased at the discretion of the BOCC to account for
inflation. The County will not require financial guarantees that are
duplicative of that required by the DRMS.
7. The County will be invited to any bond release inspection of the DRMS.
The County inspector will have the opportunity to demonstrate that any item
of the permit has not been complied with and that bond should not be
released.
,7-1003. MINING OPERATION.
All Mining Operations are subject to 1041 Regulations as described in Article 14 of this Code.
7-53
DEFINITIONS APPLICABLE TO GARFIELD COUNTY MINING/GRAVEL
REGULATIONSTO BE ADDED OR REMOVED FROM ARTICLE 15 OF THE LUDC
Affected land. The surface of an area within the County.where a mining operation is being or
will be conducted, which surface is disturbed as a result of such operation. Affected lands
include but shall not be limited to private ways and roads, and railroad lines appurtenant to any
such area; land excavations; prospecting sites; drill sites or workings; refuse banks or spoil
piles; evaporation or settling ponds; leaching dumps; placer areas; tailings ponds or dumps;
work, parking, storage or waste discharge areas; and areas in which structures, facilities,
equipment, machines, tools or other materials or property which result from or are used in such
operations are situated.
Cave. Any naturally occurring void, cavity, recess, or system of interconnected passages
beneath the surface of the earth or within a cliff or ledge, including any cave resource therein,
and which is large enough to permit a person to enter, whether the entrance is excavated or
naturally formed. Such term shall include any natural pit, sinkhole, or other feature that is an
extension of a cave entrance or which is an integral part of the cave.
Cave resource. Any material or substance occurring in caves, including, but not limited to,
biotic, mineralogic, paleontological, geologic, hydrologic, or cultural resources.
Exploration. The act of searching for or investigating a construction materials deposit.
"Exploration" includes, but is not limited to, sinking shafts, tunneling, drilling core and bore
holes, and digging pits, cuts, or other works for the purpose of extracting samples prior to the
commencement of development or extraction, and the building of roads, access ways, and other
facilities related to such work. "Exploration" does not include:
a. An activity that causes very little or no surface disturbance, such as airborne
surveys and photographs, the use of instruments or devices that are hand -
carried or otherwise transported over the surface to make magnetic, radioactive,
or other tests and measurements, boundary or claim surveying, location work, or
other work that causes no greater land disturbance than is caused by ordinary
lawful use of the land by persons not involved in exploration activities; or
b. Any single activity that results in the disturbance of a single block of land totaling
one thousand six hundred square feet or less of the land's surface, not to exceed
two such disturbances per acre; except that the cumulative total of such
disturbances may not exceed five acres statewide in any exploration operation
extending over twenty-four consecutive months.
Extraction. To draw out or forth; hence to derive as if by drawing out; removal of physical matter
in a solid or liquid state from its naturally occurring location; the initial step in utilization of a natural
resource. - - - - - - _ - _ _ . _ _ •- - - , _ _ - _ _ _ _ - _ .
Geologic hazard. A geologic phenomenon which is adverse to past, current, or foreseeable
construction or land and which constitutes a hazard to public health and safety or property if not
avoided. The term includes but is not limited to:
a. Avalanches, landslides, rock falls, mudflows, and unstable or potentially unstable
slopes;
b. Seismic effects;
c. Radioactivity;
d. Areas of ground subsidence; and
e. Expansive rocks or soils.
Geothermal resource. The natural heat of the earth and includes:
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DEFINITIONS APPLICABLE TO GARFIELD COUNTY MINING/GRAVEL
REGULATIONS TO BE ADDED OR REMOVED FROM ARTICLE 15 OF THE LUDC
Page 2
a. The energy that may be extracted from that natural heat;
b. The material medium used to extract the energy from a geothermal resource;
and
c. Geothermal by-products.
d. Source and recharge water for geothermal systems.
Gravel Operation. The mechanical removal without drilling or blasting and without other high
impact technology, of loose rock material, including rock, clay, silt, sand, or gravel from its natural
location for use in the production of non-metallic construction products. Gravel operations are
typically located along existing riverbeds or alluvial deposits. Gravel operations are regulated
pursuant to Article 3 and Article 7, section 7-1002 of this Code. The term gravel operation does
not include a Mining Operation.
Gravel Pit. See "Extraction."
Karst. A landform developed in soluble rock types such as limestone or gypsum. Typical
features and characteristics may include but are not limited to: few surface streams where most
of the drainage is underground, sinking streams, dolines (sinkholes), resurgences, and caves.
Mineral. An inanimate constituent of the earth, in solid, liquid, or gaseous state, which, when
extracted from the earth, is usable in its natural form or is capable of conversion into usable
form as a metal, a metallic compound, a chemical, an energy source, a raw material for
manufacturing, or a construction material. "Mineral" does not include surface or groundwater
subject to appropriation for domestic agricultural, or industrial purposes; or geothermal
resources.
Mining. See "Extraction."
Mining Operation. The development or extraction of a mineral from its natural occurrences on
affected land using blasting, drilling and/or high impact technology. The term includes, but is not
limited to, open mining, in situ mining, surface operations, and underground mining. The term
also includes the following operations on affected lands: transportation; concentrating; milling;
evaporation; and other processing. The term does not include: the exploration, development
and extraction of oil and gas; the extraction of geothermal resources; or gravel operations
subject to regulation under Article 3 and Article 7, section 7-1002 of this Code. Mining
Operations are regulated pursuant to Article 14 of this Code.
Mine unit. A component of a Mining Operation including but not limited to processing, leaching
excavation, open pit, storage, stockpile or waste units.
Mineral resource area. An area designated on the official County Mineral Resource Area Map
pursuant to Article 14 of this Code and in which minerals are located in sufficient concentration
in veins, deposits bodies, beds, seams, fields, pools, or otherwise as to be capable of economic
recovery. "Mineral resource area" includes but is not limited to an area in which there has been
significant mining activity in the past, there is significant mining activity in the present, mining
development is planned or in progress, or mineral rights are held by mineral patent or valid
mining claim with the intention of mining.
1111 FM, 11000:14MILi<<:1MUMi:i 11 I!1
Reception#: 935252
05112/2020 10:36:09 AM Jean Alberico
14 of 15 Rec Fee;$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
DEFINITIONS APPLICABLE TO GARFIELD COUNTY MINING/GRAVEL
REGULATIONS TO BE ADDED OR REMOVED FROM ARTICLE 15 OF THE LUDC
Page 3
Modification. Any change to an existing land use that alters the nature, character, intensity or
extent of the use.
Tailings. Finely crushed and ground rock residue and associated fluid discharged from an ore
milling, flotation beneficiation and concentrating process.
Unstable or potentially unstable slope. An area susceptible to a landslide, a mudflow, a rock
fall, or accelerated creep of slope -forming materials.
Wildfire hazard means. A wildfire phenomenon which is adverse to past, current, or
foreseeable construction or land use constituting a significant hazard to public health and safety
or to property. The term includes but is not limited to:
a. Slope aspect;
b. Wildfire behavior characteristics; and
c. Existing vegetation type.
1111 IPWRINiirminwinf, LONVEIlaYih 11 111
Recep£ion#: 935252
05112/2020 10:36:00 AM Jean Alberico
15 of 15 Reo Fee:50.00 Doc Fee:0.00 GARFIELD COUNTY CO