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HomeMy WebLinkAbout1.0 PC Staff Memo and Exhibits 11.18.2020Text Amendments to Land Use and Development Code — Exhibits Planning Commission Public Hearing November 18, 2020 Exhibit Number Exhibit Description 1 Staff Memorandum with Proposed Text Amendments 2 Proof of Publishing 3 Land Use and Development Code of 2013, as amended 4 Garfield County Comprehensive Plan EXHIBIT I Garfield County Memorandum DATE: November 18, 2020 TO: Garfield County Planning Commission FROM: Sheryl Bower, AICP, Community Development Director Patrick Waller, AICP, Senior Planner Subject: Text Amendment Package Background & Request The proposed Text Amendments are the result of Staff work on the targeted changes that was previously presented to the Planning Commission as part of a Work Session. Staff anticipates that these proposed changes will provide surety and clarity to both members of the public and Community Development Staff. Changes are identified in red and/or highlighted. Sketch Plan — Section 5-302(B) Sketch Plan review is an optional non -binding process in the Land Use Code that an applicant for a Major Subdivision or Conservation Subdivision may choose to apply for. Early identification of key issues through this optional process has the potential to improve application processing and reduce processing time and expenses. Currently the Land Use Code requires that Sketch Plan is reviewed by the Planning Commission and not the Board of County Commissioners. Since the BOCC will make the final determination on these applications, the Board should be included in the conceptual review. Additionally, the current Sketch Plan does not require that the applicant notice the public meeting regarding the application. Staff recommends that Mailed Notice is required. This will notify neighbors of the application earlier and increase the potential for public input. 1 Increased public notice earlier in the process will also benefit the applicant as they may choose to address issues identified by the public in a future application. Staff proposes the following changes to the LUDC: Common Review Procedures 4-101. A BOCC Board of County Commissioners ❑ Director PC Planning Commission Exemplions 5-202 5-203 5-203 5-204 Public/County Road Spilt Rural Land Development (10 Lots or Fewer) Rural Land Development (Grazier J than 10 Lois) Basic Comecon Exemption honor SubdhMalon Minor Subdivision Maur Subdlvfnlon 5-302.B. Sketch Plan (Optional) 5-302.C. Preliminary Plan 5-302 D. Final Plant Plat Conservation Suhdviokn Sketch Plan (Optional) Table 5-103: Common Review Procedures and Required Notice BC DE F G H I B. Sketch Plan Review. PC D BOCC BOCC BOCC BOCC BOCC J + BOCC J J BOCC Required Notice 1 1 Additional Requlremenla Pot Rdminieirative Review Section 4-103 Al types oloodce for both PC and BOCC 15 day Mailed Nonce Tor both PC and BOW Al types of notice for both PC and BOCC. 15 day Mailed Npr(co for bolt) PC and BOCC 1. Overview. The Sketch Plan Review is an optional process intended to provide for a conceptual review by the Board of County Commissioners regarding the feasibility and design characteristics of the proposed division of land. 2. Review Process. A Sketch Plan shall be processed according to Table 5-103 with the following modifications: a. The Board of County Commissioners shall conduct a conceptual review of the proposal. The Board of County Commissioners comments and recommendations are not binding and no formal motion from the Board is needed to conclude the Sketch Plan process. b. In addition to conceptual review by the Board of County Commissioners the applicant also has the option of a conceptual review of the proposal by the Planning Commission. The Planning Commission's comments and recommendations are not binding and no formal motion from the Commission is needed to conclude the Sketch Plan process. 2 c. The BireetoskaaU-p-rov-ide-the Applicant -with writ Teti of -the Planning Gonafoal&sieri--s-Conceptual Re -view commerltc aridFeoommenriaiiens wifhin 10 days of the date oft e 3. Review Criteria. In considering a Sketch Plan proposal, the following shall be considered: a. Feasibility and design characteristics based upon compliance with the applicable standards; and b. General conformance with the Comprehensive Plan. Deviation from Dimensional Standards — Article 3 and 4 Staff recommends the addition of a Section in Article 4, allowing the Director to approve up to a 20% reduction in dimensional standards, based on the proposed projects ability to meet criteria, including difficulties inherent in the site, community character, avoidance of natural features, improved site design, etc. This allows limited flexibility for minor deviations from dimensional standards, without requiring a hardship be proven for a variance and a public hearing in front of the Board of Adjustment. Proposed updates are as follows: Table 4-201: Application Submittal Requirements Section 4-203. B C DE FGH I J K LMNO 4-119 •Accommodation, Federal Fair Housing Act 4-120 Deviation from Dimensional Standards R. . Written Narrative! Additional Submissions Additional submittal items Ea be determined by Director Table 4-102. Common Review Procedures and Required, Notice Section 4-101- A BC DE F G H I Alpplkahla Revlcw PrmCe4Jrt o e I O f31- Barad el ,hdJutlmetkt • a, c oe n v o a 3 g Q a m w w e eOCC Bawd of County Commissioners z E E - � o � 0 Director c� rc a PC Planning Commission •gored Notice 4.120 DavieUon from r', nsioaal Standards 00001:10 • ■■■E M Additional Req eramoals gaowrvmant or Nalice ort ea aerermined by vie Commie?" Deveb inert Okada, 3 4-120 Deviation from Dimensional Standards A. Overview An applicant is able to request a Deviation of up to 20% of the Dimensional Standards of this Code as outlined in Section 3-201. B. Review Process Applications for a Dimensional Waiver shall be processed according to Table 4- 102 Common Review Procedures and Required Notice with the following modifications. 1. Notice shall only be required if the Director determines that the proposed waiver has the potential for a negative impact on surrounding property owners. This determination shall be made at the time of the issuance of the Pre -Application Conference Summary. a. If Notice is required, the applicant shall provide mailed notice via certified letter to adjacent property owners. 2. The application may either be approved, approved with conditions, or denied. 3. The Director's Decision may be called -up to the Board of County Commissioners pursuant to section 4-112 of the Land Use and Development Code. C. Review Criteria: The Community Development Director shall consider the following criteria to determine whether a deviation request shall be approved. 1. The situation giving rise to the need for deviation is preexisting nonconforming and/or was created by the original plat or by the street location; the existence of the situation creates practical difficulties for development. 2. There are existing trees or other natural areas that will be damaged or destroyed in order to meet the standards. 3. There are preexisting, unique physical characteristics of the development site that create practical difficulties for development. 4. The deviation will allow for a more energy -efficient project design. 5. The deviation allows the development to better incorporate existing buildings, trees, topographic features, or other existing elements. 6. If granted the deviation is consistent with the character of the surrounding area. 7. The deviation does not have a significant negative impact on surrounding properties. 4 Industrial Use Standards in Section 7-1001 Setbacks The Land Use and Development Code includes a variety of uses that are required to meet the Industrial Use Standards. This includes the requirement that all activity is a minimum of 100 feet from an adjacent residential property. However, the impact from an industrial use can be limited by locating the use entirely within a structure. Staff has provided updated language that makes this differentiation clear. Changes are outlined in red. Proposed Language A. Setbacks All activity associated with these uses shall be a minimum of 100 feet from an adjacent residential property line, unless the use is on an industrially zoned property, or located within a building. At a minimum, required setbacks as identified in Table 3-201 shall apply. D. Storing 1. Materials shall be stored on the property in a form or manner that will not be transferred off the property by any reasonably foreseeable natural cause or force. 2. All products shall be stored in compliance with all national, State, and local codes. 3. Shall be a minimum of 100 feet from an adjacent property line or located entirely within a building. 4. Petroleum and hazardous products shall be stored in an impervious spill containment area(s). Agritourism - Article 3, and 15 (Definitions) The ability for agricultural properties and ranches to include support activities and commercial ventures in their allowable uses is a significant benefit to maintaining the County's agricultural heritage. The current Land Use Code does not specifically identify Agri -Tourism as a use and as a result, these types of uses often fall into a gray area of not being specifically approved in the Code. Defining the term allows many uses that are already ongoing to be specifically addressed. This includes items such as guided horseback riding, guided outfitter activities, classes, field trips, u-pick operations, and other related activities. 5 Staff suggests that the Land Use and Development Code is amended to allow Agritourism as a use by -right in all zone districts where agriculture is permitted. The definition is meant to be broad, as it allows for a variety of uses, and not overly restrictive. If a question comes up regarding whether or not a use falls within the definition, an applicant is able to request a formal determination from the Director and may appeal that decision to the Board of County Commissioners. The use table would be updated as follows: Table 3-403: Use Table /P/By Right /A/ Administrative Review I/ Limited Impact Review /M/ Major Impact Review tat Exempt from County Review and Standards Use Category Use Type Residential Distncts Nonresidential Resource Land Distracts Zone Districts • RM RL Ri, RL RL R PS RU CL CG I PL HP P E TS GS Unless exempted, all uses must comply with Article 7 Standards including Use -Specific Standards, AGRICULTURAL AND ANIMAL -RELATED USES Agriculture Agritourism P • P P P P • P P P EXEMPT EXEMPT Staff proposes that Agritourism is defined as follows: An agriculturally based operation or activity at a working farm or ranch, conducted for the enjoyment, education, or active involvement of visitors that adds to economic viability of the agricultural operation. Agritourism activities are accessory to, and directly supportive of the agricultural use on the property and shall not have significant impacts on the agricultural viability or rural character of neighboring properties. Agritourism uses shall operate between dawn and dusk and shall be limited to a maximum of 30 people visiting the property. Wineries, Breweries, Cideries, Distilleries — Article 3 & Article 15 Garfield County's Land Use Code does not identify Breweries, Wineries, Cideries, or Distilleries as a use. This is an industry that has been growing and should be included in the Code. Staff proposes the following definition and review level. z rewery/Winery/Cidery/Distillery — a facility for brewing, packaging, and distribution of beer, mead, wine, cider, spirit and/or similar beverages. Table 3-403: Use Table /P/ By Right /A/ Administrative Review /L/ Limited Impact Review /M/ Major Impact Review l•I Exempt from County Review and Standards Use Category Use Type Brewery, Winery, Cldery, Distillery Residential Nonresidential Districts Districts .- - v,„,:.'iiiiiil 1", , iiii , ''0L_- ............ Resource Land Zone Districts Unless exempted, all uses must comply with Article 7 Standards including Use -Specific Standards. 6 Agricultural Products On -site and Off -Site Related to Agritourism - Article 15 The processing and sale of agricultural products on the same property as the products are grown are considered a use by -right. However, the Land Use Code does not define how much of a product is required to be grown on site. Staff suggests that at a minimum 20% of the produce that is sold or processed should be grown on site. Additionally, Staff proposes a clarifying change to the definition for off -site sale and processing. Agricultural Products, Processing, Storage, Distribution, and Sale at Point of Production. Establishment performing a variety of operations on crops after harvest and livestock after slaughter, to prepare them for market or further processing and packaging or selling on site and off. At a minimum, 20% of the product that is processed, stored, distributed, and/or sold must be produced onsite. Agricultural Products, Processing, Storage, Distribution, and Sale Off -Site. Centralized establishments performing a variety of operations on crops after harvest and livestock after slaughter, to prepare them for market or further processing and packaging at-a-dista «the-agi icuftural- are. These facilities accept products from off -site locations for processing. Condominium Regulations - Section 5-306 (Common Interest Community Subdivisions) The current Land Use Code allows for the development of multi -unit buildings but may restrict a possible condominium application based on minimum lot size requirements. For example, with the current Code, a property owner could get approval for a triplex on 2- acres in the Rural zone district, however they would not be able to go through the condominium process because of the restriction in Section 1.a. Staff is proposing a change that would eliminate the requirement that the total number of units on a property needs to have the corresponding number of acreage. Additionally, Staff is proposing adding language that allows for an applicant to demonstrate that the proposed parcel meets Article 7, Division 1, 2, and 3 requirements. A. Review Criteria. An application for a Common Interest Community Subdivision shall meet the following criteria: 1. The Common Interest Community is consistent with zone district regulations, including: The total-dommon-ar-ea-and-iRcl viduaI lot area of the whole projeeet divided by tk total number of Euni eetc thv-FW+rrm-um-L-et-gize 7 re r-ements of the zone-GI4stFict b. A project within a PUD complies with the zoning outlined in the PUD designations. 2. If applicable, the Condominium, townhouse, or other Common Interest Community declaration and bylaws make adequate provision for the maintenance of common area elements. 3. An improvements agreement has been signed and submitted by the Applicant, and an adequate financial guarantee for improvements has been posted or will be posted prior to approval. 4. The lot in which the Common Interest Community is located was approved and platted as part of a Subdivision that meets the requirements of this Code or that meets the requirements in Article 7, Division 1, 2, and 3. 5. Adequate easements for water, sewer, utilities, and access have been provided. 6. If applicable, an acceptable party wall agreement has been recorded. 7. Common Interest Community Plat meets the requirements per section 5- 402.F., Final Plat, and adequately shows the location and dimensions of the vertical boundaries of each unit; the horizontal boundaries, if included; and the identifying number of each unit, along with the location and dimension of common elements and limited common elements, all as defined in the declaration. 8. All taxes applicable to the land have been paid, as certified by the County Treasurer's Office. Affordable Housing Regulations — Article 8 (Inclusionary Zoning for Housing) Current Affordable Housing Regulations are only applicable when a residential Subdivision proposes 15 or more lots. Units are not mentioned in the trigger for the affordable housing regulations. Based on the current text, a project could provide a substantial number of "units" and not be required to offer any affordable housing. This creates a bias towards the development of apartments over a more traditional Subdivision. Staff recommends the following changes to the Land Use Code to address the issue: 8 Section 4-203. B C Table 4-201: Application DEFGH I JKLMNOI c t m c a r a g c c o a a . m Ce m , o E IU ja N a d lv •c N a N G. tl. O aci aci v a c a t a io o, qc, E E>> °� .E1 �! ; C F O O c' T d 73 c o ai m d in 6 3 E c H 8 E: i v v !'iEI OEM v v .11 G S LL Submittal Requirements Written Narrative! Additional Submissions , m A e a s i to ..4. Section 4-103 Application iype Administrative Review o .5 t? 5 v El Demonstration of Compliance with Section 7-107. 4-104 (Limited Impact Review v v v v 0 v MECH213112 v. E Demonstration of Compliance with Section 7-107. 4-105 IMajor Impact Review 00000 v 1■MOD .r onil 1Z Demonstration of Compliance with Section 7-107. 4-106 Amendment to an Approved LUCP v ■,Ell I Amendment Description, subject to Minor or Substantial Modification determination . , section 4-106. 4-107 IMinor Temporary Housing Facility v - v 00000001113v.. See Section 4-301 for additional submittal requirements. 4-108 Vacation of a County Road or (Public ROW v ,,,,11 1 I See Section 4-302 for additional submittal requirements. 4 109 'Development in 100-Year v v 11IIIIIIII Ile 1 4-110 'Develop.100-Year Floodplain 'Variance v II v,,,I, Statement of request and response to standards_ 4-111 Location and Extent Review 0■ v IlIlill ,,1 I Demonstration of general conformance with the Comp. Plan and co -. : nce with an a • .licable IGAs. 4-112 Call -Up to the BOCC 0 00Mardi. 0000111 ■ Application materials as determined by Director. MEM Rezonin. 0 v 000v ••U . Ell 1111, Legal description of • • . =rty- 4-114 Code Text Amendment 0 •10000000I 11 Written description of amendinent and justification. ManVariance 4-116 .Administrative Interpretation CMS 00•00Ell 000I 01M000•0000000. i I Statement of request and response to standards. ®Administrative interpretation A..ea! ,■,,, Waiver of Standards 123 . 1E1 II,,,,1. I Submitted with cornpartfart application a determined by ............. IA dove opment agreement will be required for any project for which the Applicant is requesting a vested rights period longer than 3 years. An Improvements agreement may be required for any project for which public improvements are necessary. 'if required - pursuant to Artlde 8 Section 8-102. Applicability. These requirements apply to all residential Subdivisions and applications for Land Use Change Permits proposing 15 or more Tots, units, or a combination of lots and units located within Area 1, shown in Figure 8-1. Section 8-201. Application Submittal Requirements. The Applicant shall submit the following materials for a Subdivision or a Land Use Change Permit that requires Affordable Housing. Section 8-202 Review and Approval Procedures The Affordable Housing Plan shall be reviewed by the Director and the GCHA or other AAHE. The Affordable Housing Plan approved at Preliminary Plan or as part of the Land Use Change Permit shall become the "Affordable Housing Agreement" between the County, the Applicant, and the GCHA or other AAHE, which agreement will be adopted and recorded in conjunction with a Final Plat or Land Use Change Permit approval by the BOCC. 9 Section 8-301 A. Number of Units Required In a Subdivision project required to provide Affordable Housing, 10% of the lots or units proposed in the development shall be developed with Affordable Housing Units. In computing this requirement, any fraction of a unit and/or lot above .50 will be rounded up and any fraction of a unit lot .49 or less will be rounded down. Small Camping Facilities — Article 3, 7, and 15 With the current Land Use and Development Code, all campgrounds are required to go through a Major Impact review. There are significant differences in impact, utility requirements, and traffic between a large Campground/RV Park with dozens of potential sites and much smaller facilities. Staff recommends differentiating the two uses with a new use category, a Small Camping Facility, defined as follows: Small Camping Facility — A facility that allows for up to six total tent pads and/or recreational vehicle spaces on a temporary basis. The proposed use would be subject to an Administrative Review and would be required to meet all standards within Article 7, Divisions 1, 2, and 3 of the Land Use and Development Code. Staff also recommends that Small Camping Facilities are subject to additional use standards as identified below. Table 3-403: Use Table /P/By Right /A/ Administrative Review /L/ Limited Impact Review /M/ Major Impact Review 1.1 Exempt From County Review and Standards Use Category Use Type Small Camping Faciliiv Lodging Facilities Residential Nonresidential Resource Land Districts Districts Zone Districts 111111111111111 Unless exempted, all uses must comply with Article 7 Standards including Use -Specific Standards. 7-906 Small Camping Facility A. Setbacks 1. All Small Camping Facilities and associated activities must be located at a minimum of 200' from the nearest property line. 2. The application shall comply with Waterbody Setbacks as detailed in Section 7-203 B. Recreational Vehicles 10 Two passenger vehicles shall be permitted per tent pad site. C. Recreational Vehicles One Recreational Vehicle is permitted per Recreational Vehicle space. Solar Regulations — Article 15 (Definitions) Recently, a number of solar projects associated with single-family residences have triggered an Administrative Land Use Change Permit. While this is the lowest level of Planning review, the application process includes notice to neighbors and a number of submittal requirements. To ensure that solar facilities associated with single-family residences are not caught up in Land Use Change Permit reviews, Staff recommends that the threshold for Accessory Solar is increased from 15kw to 25kw. To give the Commission an idea of the scale of such an Accessory facility, a recent application for a 21kw solar facility required 1,100 square feet of solar panels. Article 15 Definitions Solar Energy System, Accessory. A device and/or system that has a combined name plate DC rating of less than -1-5 25 kilowatt and includes the equivalent kilowatt measurement of energy for systems other than photovoltaic that converts the sun's radiant energy into thermal, chemical, mechanical, or electric energy. Solar Energy System, Small. A device and/or system that has a combined name plate DC rating of kilowatt to 500 kilowatt and includes the equivalent kilowatt measurement of energy for systems other that photovoltaic that converts the sun's radiant energy into thermal, chemical, mechanical, or electrical energy. Grading Regulations — Article 3, 7 and 15 Staff has identified a potential issue where large-scale grading projects are being completed that have the potential to significantly impact neighboring property owners. Currently, no other approval is needed besides a Major Grading Permit from the Building Department. In some instances, the grading continues for multiple years, is being completed in anticipation of a project that may ultimately require approval of the Board of County Commissioners, or the grading itself is operating as a business. Large scale grading activities have the potential for significant impacts on adjacent property owners via traffic, noise, and dust without any notice being provided to adjacent owners. Staff is recommending that these large-scale grading projects be processed as an Administrative Land Use Change Permit. 11 The scale of the activity is taken from the Grading Permit application already in place for the County. Large Grading Activity. Excavation, filling, or combination thereof that exceeds 5000 cubic yards of fill material, exceeds 20,000 square feet of disturbance, or will be occurring for more than one year. Grading directly associated with an approved Land Use Change Permit, Subdivision, Building Permit, or that is associated with an Agricultural Use is exempt. A Major Grading Permit may still be required for uses that are exempt. Table 3-403: Use Table /P/ By Right /A/ Administrative Review /L/ Limited Impact Review /M/ Major Impact Review 1.1 Exempt from County Review and Standards Residential Nonresidential Resource Land Unless exempted, all Districts Districts Zone Districts uses must comply with Use Category Use Type Article 1 Standards R RS RU B CL CG l PL pL EL RL RL including Use.speclric TS Standards. Service IMaterial Handling L L L • A A A A 7-1001 Large Grading Activity A A A A A A A • A A A A 7-1001, 7-10081 7-1008 Large Grading Activity A. Grading Permit In addition to required Land Use Change Permit submittals, the applicant shall address all requirements identified in Garfield County's Grading Permit. LUDC Criteria for a Text Amendment Section 4-114 of the Land Use and Development Code 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: a. The proposed text amendment is in compliance with any applicable intergovernmental agreements. b. The proposed text amendment does not conflict with State law. Staff asserts that both of these criteria have been met. Planning Commission Recommendation Staff requests that the Planning Commission recommend approval of the Text Amendment package to the Board of County Commissioners subject to the following findings: 1. That proper public notice was provided as required for the hearing before the Planning Commission. 12 2. The hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the meeting. 3. The Code Text Amendments are in compliance with the criteria for approval established in Section 4-114 of the Land Use and Development Code 4. The Code Text Amendments are in compliance with the Garfield County Comprehensive Plan. 5. That for the above stated and other reasons the proposed Code Text Amendments are in the best interest of the health, safety, convenience, order, prosperity, and welfare of the citizens of Garfield County. 13 Ad #: 0000631844-01 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 4tiPgaaRrlexed 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 10/29/2020 and that the last publication of said notice was dated 10/29/2020 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 11/3/2020. 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 11/3/2020. Jeri Medina, Notary Public My Commission Expires: August 19, 2024 mu rmre NOTARY IWwee a111n n COLOMBO eiwnernlv.rn.ee. PUBLIC NOTICE Tale Nape me the GMeld @udy Cen. oiserlecount u NewelI ,mPie Gelid Cep*. L.+d eeN ,na o.ww*ee+1r de a said lr.remdea, f Weed leho�mutsewed l▪ uc aL4ey Ie.Flee.dxa./MYbad The T Swarth; bed Fade FP OeWiM, nem bee oft•ssea b1•M d1 MI PeeN1. M dppkenos kind. 4Mredellly5p,M4 Meth Mh�e 6 R�[YeIe,IMIl6 rr�1a Temporary Uwe ► Epsom 59 * end omen. Wdru w Ca leselellae Deine epel gdrm pMpW0LI spy�ael.r LbeMeeL n r w- drO w Tine Haaire Between... and uoosi 7eftiv Gr6,m Cwt.} esr..,d Ceetroseen hyhW Po..rpi..l Ale L..n vn.ahew r.L Iph Shy d WWe.rq. el e00 p.hx lnh Ce ty retyped. 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