HomeMy WebLinkAbout6.0 Resolution 2018-52■!!l lral7/ Bh11W 1 !silo lkAgalit gl1i d 11111
Reception#: 913059
10/16/2018 03:18:15 PM Jean Alberico
1 of 20 Rea Fee:$0.0D Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO
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County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held
in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday the
l st day of October, 2018, there were present:
John Martin
Mike Samson
Tom Jankovsky
Kevin Batchelder
Kelly Cave
Jean Alberico
, Commissioner Chairman
, Commissioner
, Commissioner
, County Manager
, Assistant County Attorney
, Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2018- JCS.
A RESOLUTION APPROVING A TEXT AMENDMENT TO MULTIPLE ARTICLES
OF THE GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE INCLUDING
BUT NOT LIMITED TO, ARTICLES 3, 4, 5, 7 AND 15 IN REGARD TO THE
FOLLOWING SCRIVENER'S ERRORS, CORRECTIONS AND AMENDMENTS
INCLUDING BUT NOT LIMITED TO AMENDMENTS ASSOCIATED WITH
ACCESSORY DWELLING UNITS AND SUBDIVISION EXEMPTIONS
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.
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Reception#: 913059
10!1612018 03:18:15 PM Jean Rlberico
2 of 20 Rec Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO
D. Sections 30-28-110, 30-28-133, 30-28-133.5, and 30-28-I36, 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.
E. Pursuant to Section 4-114 of the Land Use and Development Code, the Board of
County Commissioners initiated a text amendment to the LUDC.
F. On August 22, 2018, the Garfield County Planning Commission, with a 7-0 vote,
certified and recommended to the Board of County Commissioners, that the Board approve a text
amendment regarding Accessory Dwelling Units and Subdivision Exemptions, pursuant to their
recommendation.
G. On October 1, 2018, the Board of County Commissioners held a public hearing at
which time, the Board of County Commissioners on the basis of substantial competent evidence
produced at the aforementioned hearing, 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.
1111 l r.inklividI t IMI 1:13•141441.1Nib LAI 111111
Reception#: 913059
10I16/2018 03:18:15 PM Jean Alberico
3 of 20 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
c--4,1:-
ADOPTED c?c4 h4. -
this dayof , 2018
ATTEST:
GARFIELD COUNTY BOARD OF
IONERS, GARFIELD
OLORADO
CI 44' of the Board
Upon motion duly made and seconded the foregoing Reso ution was ado. ed by the
following vote:
John Martin
Tom Jankovsky
Mike Samson
, Aye
, Aye
, Aye
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Reception#: 9I3059
10/16/2018 03:18:15 PM Jean Alberioo
4 of 20 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
EXHIBIT A
Accessory Dwelling Unit Changes
Table 3-403: Use Table
IP/ By Right INAdministradvo Review /L/timhad impact Review IlW Mglor impact Review 1e! Exempt from County Review and Standards
Residential Nonresidential Resource Land Unless exempted, all
■ , • - • , D , Cts uses must comply with
Use Category Use Type
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Reception#: 913059
50/1612018 03:18:15 PM Jean Aiberico
5 of 20 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
AK 1 ILLI 5: uiV1SIONS 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.
F5-102. 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)(1)) 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.
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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.
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.
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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
Use Type
-Street Parking Standards By Use
Parking Standard
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ESIDENTLIAL U —...:
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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/Emergency Shelter
1 Space Per Staff'
y PBLICIiNSTITUTIONA .' ' ES '`
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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
COMMERCIAL USES -
— - –
Lodging
1 Space Per Room
Restaurant and Tavern
1 Space Per Every 4 Seats
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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 Space per Recreational Vehicle
INDUSTRIAL,USES ','' ,>.e ...
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Manufacturing Establishments
1 Space Per 1,000 Square Feet of Floor Area
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N t leasable area i elude onl thos area that are'designed to be leased to —tenant and occupied fo commerc al,
doff e poses erc usive of any area dedicated to fo rs bathrooms tair ay circulat . cor dor mectanical
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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
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.
Z. 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.
1
COMPACT CAR SPACE
9'X'16' MINIMUM
REGULAR SPACE
9' X 20'
20-0"
f--9'
Figure 7-302: Parking Space Dimensions
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 CABOIICC 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.
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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 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.
0. 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.
I7-303 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 -
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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 shali 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.
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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, r,
Snow Storage Standards.
1. Clear Vision Area.
A Clear Vision Area is the area formed by the intersection of the driveway centerline road Z
right-of-way, the other road right-of-way line, and a straight line joining said lines through 2
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.
17-701. 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.
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4) Minimum Lot Area.
The minimum Lot Size for an ADU is:
a. The minimum lot size in that zone district.
5) 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 FIoor 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.
902. NURSERYIGREENHOUSE. -
A. 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.
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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
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.
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 kitchen facilities plus living, sanitary, and
sleeping facilities.
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EXHIBIT A - Continued
Section 5 Divisions of Land
Common Review
Procedures 4-101.
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v
v
v
All types of
notice for both
PC and BOCC.
5-204
Minor Subdivision
5-301
Major Subdivision
Basic Correction
Exem.tion
Minor Subdivision
v
v
v
v
to
v
v
■
v
v
v
v
to
■■
■
■
BOCC
D
PC
v
■■-
■■-
v
■
,
Per Administrative
■
Sedan
15 day mailed
notice
Review
4-103.
3-
302.B.
Sketch Planv
Optional
5
302.C.
Preliminary Plan
v
v
v
v
v
PC
BOCC
v
v
v
v
v
All types of
notice for both
PC and BOCC.
5
302.D.
Conservation
3-
303.B.
Final PIanI Plat
Subdivision
Sketch Planv
Otiona]
■
v
v
v
■
v
v
.■
■■
BOCC
PC
v
v
II--
v
--
5 -Yield
303.C.
Plan
v
v■
v
■■
PC
v
II
v
w
--
-
5-
303.D.
Preliminary Plan
v
v
v
v
v
PC
BOCC
v
v
v
v
All types of
notice for both
PC and BOCC.
5 -Final
303.E.
Amendments,
Subdivisions
Plan/Plat
Re -
Plat Vacation
■
v
v
v
■
v
v
■■
■■
BOCC
D
v
v
v
■
v
Per
Amended
--
Section
Preliminary Plan
5-304.
5-304
Amended
Prelimina Plan
5-305
Amended Final
Plat
v
v
v
v
v
■
D
v
IIII
Per Administrative Review
Section 4-103.
5-306
Common Interest
Communit
v
v
v
v
D
v
■
v
Per Administrative Review
Section 4-103.
5-307
Vacating a Final
Subdivision or
Subdivision
Exem.tion Plat
v
v
v
v
v
v
BOCC
v
v
v
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NEW SECTION
[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.
B. 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.
C. 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.
D. 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.
16
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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
lienholder certificates.
17. The Applicant may be only the owner of the Exemption Parcel.
17
AMENDED SECTION
5-203. RURAL LAND DEVELOPMENT EXEMPTION. J
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.
E. 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 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 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.
F. Review Process.
Applications for a RLDE shall be processed in accordance with Table 5-103.
G. 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 Tots 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 Tots have an adequate water distribution system and
wastewater disposal system pursuant to section 7-105.
18
1111Fratial1iit11AR PAWED', IEN1.11 h 11 11 1
Reception#: 913059
10116/2019 03:18:15 PM Jean Alberico
19 of 20 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
7. 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.
8. 80% of the parcel is preserved as contiguous Open Space to be used
as wildlife habitat, Agricultural Land, critical natural areas, or similar
uses.
9. All taxes applicable to the land have been paid, as certified by the
County Treasurer's Office.
10. The Final Plat meets the requirements per section 5-402.F., Final
Plat.
■ i IfA1MMVilli, I hN
Reception#: 913059
10/16/2010 03:18:16 PN Jean Alberto°
20 of 20 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
Table 5-401: Application Submittal Requirements
Section 4-203 Section 5-402 ection 8-201
'B C D E F GHJ K L M N B C D E F' G H I ]I
CO
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Application Type R a
[[Exemptions
ai
C. CO
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F
Written Narrative/Additional
Submissions
illIJG 'll ,�L::JLII Jl- .�1 �� �l'111=:aE l;.lil
5.202 Public/County
Road Split
5-203
Rural Land
Development
4, v
5,
V
V
5,
4,
4,
V
5,
4,
V
4,
v Demonstration of access, water and
sewer.
5,
Engineering reports and plans: A,
B, C, D, E.
5-204 Basic Correction 4,
Exemption
4,
4'
5,
v
4,
Demonstration of access, water,
and sewer or waiver re. uests
[nor Subdivision
5-301 Iklinor Subdivision 5,
l?�jor`S a b�ivisioiis;?s��;
a
5,
5 -Sketch Plan 4'
302.B
5-
302.0
Preliminary Plan
5,
v
4,
v
11_11_11
4
4,
1
11
1
5 -Final Plan/Plat 4'
302.D
1
4,
5,
1
1
5,
5,
1
v
-1
1,
1
v
11
1
5,
1
1.
1
1
5'
a
4,
m
v
1
1
1
5,
onservation Subdvisroon
1
1
1
1
1
5,
5,
1
4'
Preliminary engineering reports and
• lans: A, C, E, H
Preliminary engineering reports and
plans: A, B, C.
Engineering reports/ plans: A, B, C,
D, E, F, G.
4 _
•
5 -Sketch Plan
303.6
5-
303.0
Yield Plan
Preliminary Plan 4,
303.D
343.E Final Plan/Plat 4'
v
5,
5,
5,
5,
5,
V
5,
4,
V
5,
20
4,
4,
5,
5,
>1
y
J
5,
J
Preliminary engineering reports and
plans: A., B., C.
Engineering reports and plans: A,
B, C, D, E, F, G.