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HomeMy WebLinkAbout1.00 General Application Materials1 2026 TEXT AMENDMENT MEMO I.INTRODUCTION The Director of the Garfield County Community Development has initiated an application for Code Text Amendments to the Garfield County 2013 Land Use and Development Code, as amended. The Planning Commission will consider amendments including but not limited to Article 3: Zoning, Article 4: Applications and Review Procedures, Article 7: Standards and Article 15: Definitions. Proposed amendments will address provisions related to: Processing Applications, Expedited Review Process for Affordable Housing Projects, Roadway Standards and Definitions, Use Table, Building Height Exemptions, Dwelling Multi-Unit and Manufactured Home Definitions, and Typographical/Format Corrections. II.BACKGROUND Feedback on various sections of the Land Use and Development Code (LUDC) are periodically identified by Planning Commission Members, Community Development Department Staff, County Attorney’s Office and Board of County Commissioners. They can result in formalizing application for text amendments to the LUDC. In this 2026 Application for text amendments we have identified a number of updates and corrections that will result in more efficiencies in processing and interpreting the code and in some cases simply updates/corrections/clarifications. III.PROPOSED TEXT AMENDMENTS REGARDING ROADWAY STANDARDS/DEFINITIONS These text amendments are intended to clarify the County Roadway Standards and definitions including relationship between county and state highway designations. •Table 7-107: Add an Arterial Roadway category, referencing CDOT functional classification guidelines. COMMUNITY DEVELOPMENT 2 • Intro to Section 7-107 “All roads shall be designed to provide for adequate and safe access and shall be reviewed by the County Engineer or other qualified professional designated by the Director.” • Section 14-104 Designated Matters of State Interest 14-104(B)(4) Site Selection and construction for Arterial Highways and Interchanges and Collector Highways. • Article 15, Definitions: Add the following definitions: Site Selection the process of identifying and determining the location of certain activities of state interest as identified in these regulations. Site Selection of arterial highways and interchanges and collector highways the identification of a location of said activities of state interest located entirely or partially within the unincorporated portion of Garfield County in which: a) Construction of an arterial highway or interchange or collector highway is proposed, b) Expansion or modification of an existing arterial highway or collector highways is proposed that would result in; i) An increase in highway capacity by at least one lane through widening or alternative lane configurations, or an equivalent increase in capacity produced by access controls, technological or other types of highway improvements, whether for permanent or periodic use; or ii) The elimination of direct, at grade access from a public road or street within the unincorporated portion of Garfield County to such existing arterial or collector highway; or iii) Expansion or modification of an existing highway is proposed which would result in a change in classification to “collector highways” or “arterial highways” as defined in this LUDC. Highway, Arterial – As it pertains to Article 14 Any limited access highway that is part of the Federal-aid interstate system or any limited access highway constructed under the supervision of the Colorado Department of Transportation. An Arterial Highway as defined by utilizing the Colorado Department of Transportation Functional Classification System. (this will replace two existing Highway, Arterial definitions) Highway, Collector – As it pertains to Article 14, In accordance with the LUDC Articles, a major thoroughfare serving as a corridor or link between municipalities, unincorporated population centers or recreational areas, or industrial centers and may be constructed under guidelines and standards 3 established by, or under the supervision of the Colorado Department of Transportation. Collector Highway does not include a city street or local service road or a county road designated for local service and constructed under the supervision of the local government. A Collector Highway as defined by utilizing the Colorado Department of Transportation Functional Classification System. (this will replace the existing Highway, Collector definition) IV. PROPOSED TEXT AMENDMENTS REGARDING EXPEDITED REVIEW PROCESS FOR AFFORDABLE HOUSING PROJECTS The County has committed to participating in Proposition 123 to address affordable housing. Prop 123 requires a Fast-Track Review Process in order to remain eligible for future Proposition 123 funding and commitment cycles. The Fast Track allows for developers of affordable housing that exceed the LUDC requirements for affordable housing to be eligible for an expedited review process. • Section 4-121 Affordable Housing Developments Developments that comply with Article 8 Requirements Inclusionary Housing or developments that otherwise meet or exceed the standard of 20% of the units or lots being affordable to those with incomes of 60% of the AMI or less for the County are permitted to be processed in accordance with the following expedited review procedures. A development application that meets the above criteria and is deemed complete shall be reviewed within 90 calendar days. Extensions may be requested by the applicant or the County. This section shall not be construed to require BOCC approval when the development is otherwise a use by -right. A. Public Notice will be required 15 days prior to a Planning Commission or BOCC Public Hearing as required. B. Public Notice will be limited to mailing notice and posted notice with no publication required. C. Required referral periods may overlap with the noticing period. D. Completeness Review shall be limited to 7 days from submittal, unless extended by the Director. • Make the following change to the Table 3 -403 Use Table 7-701(A)(4)(d) ADU’s that meet the requirements of b and c above are exempt from the Dwelling Multi-Unit Definition for land use change permit requirement purposes. 4 V. OTHER PROPOSED TEXT AMENDMENTS ARTICLE 3 & USE TABLE Proposed amendments to Article 3 are intended to allow more flexibility in some Fabrication uses, clarify setback triggers, and exempt some safety equipment from maximum height of telecommunication towers. • Revise Table 3-304 Use Table to make the following changes to the Assembly of Structures use. Add a new use Assembly of Structures, Small as a permitted use in the CG, Cl and I zone districts and as a Limited Impact Use in the Rural Zone District. Add a new use Assembly of Structures, Large as an Administrative Review use in the CG, CL and I zone districts and Major Impact Land Use in the Rural Zone District. • Revise Table 3-201 Zone District Dimensions to add a footnote 8 to read as follows: 8. Telecommunication Tower height calculations shall not include safety components (such as lightning rods) or similar technical appurtenances provided the diameter of said feature is less than 10% of the diameter of the tower at the point of attachment and the length of the appurtenances is less than 10% of the height of the main structure. VI. OTHER PROPOSED TEXT AMENDMENTS ARTICLE 4, APPLICATION AND REVIEW The proposed amendment in Article 4 reduces redundancy of 1041 and Location and Extent Applications. • Section 4-111 Location and Extent add a new section as follows: Section 4-111(B)(3) Applications that have been processed according to Article 14, Areas and Activities of State Interest and reviewed for compliance with the Comprehensive Plan shall not be required to apply for Location and Extent. VII. OTHER PROPOSED TEXT AMENDMENTS ARTICLE 7 – STANDARDS Amendments to standards include updating references from COGCC to ECMC and clarifying exemption of some workforce housing from additional land use review processes. • 7.301(B)(2) Noise shall not exceed State noise standards pursuant to C.R.S., Article 12 of Title 25, unless the use is regulated by the ECMC. In this case, the use shall be subject to ECMC Rules regarding noise abatement. 5 • 7.705(J)(4) When a Major Temporary Employee Housing Facility is removed, all disturbed areas will be restored and revegetated as soon as practicable. For disturbed areas not regulated by the ECMC, the following regulations apply: • 7-1001(F Noise shall not exceed State noise standards pursuant to C.R.S., Article 12, Title 25, unless the use is regulated by the ECMC. In this case, the use shall be subject to ECMC rules in regard to noise abatement. IX. PROPOSED TEXT AMENDMENTS ARTICLE 15 – DEFINITIONS Proposed amendments to definitions are proposed to update language, clarify terminology, and clarify exceptions. Section 15.101 Acronyms the following update and addition are recommended. COGCC (now ECMC) Colorado Oil and Gas Conservation Commission (now Energy and Carbon Management Commission) ECMC Energy and Carbon Management Commission Section 15.102 Definitions of Words and Phrases the following update and addition are recommended. Assembly of Structures, Small Process in which an item is put together from ready-made components or parts such as, but not limited to, roof trusses and other prefabricated building components on a site up to 5 acres in size. Assembly of Structures, Large Process in which an item is put together from ready-made components or parts such as, but not limited to, roof trusses and other prefabricated building components on a site greater than 5 acres in size. Collector See Highway, Collector Dwelling Unit, Multi-Unit. A structure or group of structures containing 3 or more dwelling units on a single lot or parcel. The units may be attached, detached, or include a combination of the two. This use shall not include manufactured home parks, hotels, motels, fraternity and sorority houses, or similar group accommodations. Hydraulic Fracturing, Remote Surface Location. An ECMC approved surface location used for staging materials and equipment (including storage of water in open pits and tanks) to pump hydraulic fracturing fluid to 1 or more ECMC-approved well locations for the purpose of advancing the wellbore and increasing the productivity of the well through hydraulic fracturing as part of the well completion activity. Injection Well. A well on an ECMC-approved well location that is used for pumping water or other fluids from the surface into a reservoir. 6 Interchange. As it pertains to Article 14, the intersection of 2 or more highways, roads, or streets, at least 1 of which is an arterial highway where there is direct access to and from the arterial highway. Manufactured Home: Manufactured Homes are factory-built structures intended for residential occupancy that are certified by the Colorado Division of Housing or HUD. Manufactured Homes include offsite factory built residential structures including but not limited to HUD certified homes, mobile homes, modular residential structures and tiny homes, or houses as defined by DOLA. Manufactured homes shall be equivalent to dwelling units for Table 3-403 Use Table determination. Manufactured Home Parks: Any site or tract of land used for the accommodation of three or more manufactured homes and is owned by an individual, firm, or Resident Owned Community organization. Manufactured home parks may include residential structures built onsite to currently adopted residential codes. A parcel of land which has been planned and improved for the placement of manufactured homes for residential use, with single control or ownership. Oil and Gas Drilling and Production. An ECMC-approved location utilizing equipment that advances a borehole into substrata for the purpose of discovery, development, and/or production of oil or gas, including all surface facilities associated with such operations. These facilities include produced wa ter pits or tanks and condensate tanks with a total tank volume of 5,000 barrels or fewer, storage, separation, treating, dehydration, power supply, pumping, metering, monitoring, flowline, drill cuttings with a total volume of 100,000 cubic yards or fewer, and other equipment directly associated with oil and gas wells. These facilities exclude all uses that are otherwise specifically defined by this Code. Temporary Housing Facilities, Major. Major Temporary Employee Housing Facilities, also referred to as “Major Facilities,” shall have at least 1 of the following basic characteristics: A. Major Facilities or any associated infrastructure (including OWTS) that are not completely contained within a State or Federally-regulated parcel (ECMC)- approved oil/gas well pad) in which reclamation and revegetation standards are guaranteed by contract with the permitting agency; Temporary Housing Facilities, Minor . Minor Temporary Housing Facilities, also referred to as “Minor Facilities,” shall have all of the following basic characteristics: A. The Minor Facility and any associated infrastructure must be completely contained within a State or Federally-permitted parcel (i.e. ECMC-approved oil/gas well pad) in which reclamation and revegetation are secured with the permitting agency (Permitted Site); 7 Temporary Housing Facilities, Small. Small Temporary Housing Facilities, also referred to as “Small Facilities,” shall have all of the following basic characteristics: A. The Small Facility and any associated infrastructure must be completely contained within a State or Federally-permitted parcel (such as a ECMC- approved oil/gas well pad) in which reclamation and revegetation are secured with the permitting agency (Permitted Site);