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Home My WebLink About1.01 Supplemental Staff Memo PC 12.09.2020Text Amendments to Land Use and Development Code - Exhibits Planning Commission Public Hearing December 9,2Q20 1 Staff Memorandum with ProPosed Text Amendments 2 Proof of Publishing 3 Land Use and Development Code of 2 013, as amended 4 Garfield County Gomprehensive P lanI -*- ¡,,0¡ôg EXH IBIT 6 Gaffield Coulnty Memorandum DATE: December 9,2020 TO:Garfield County Planning Commission FROM Sheryl Bower, AICP, Community Development Director Patrick Waller, AICP, Senior Planner SUBJECT: Supplemental - Text Amendment Package Background & Request The Public Hearing on the proposed Text Amendment package was continued from November 18,2020 to December 9, 2020. The Commission gave Staff direction to look at different options for the Sketch Plan, Small Camping Facilities, and Large Grading Activity sections. Staff has provided updated sections to address the Planning Commissions concerns. Sketch Plan - Section 5-302(8) Some members of the Planning Commission identified concerns with the Sketch Plan amendments regarding the change in role of the Planning Commission. To address this issue, Statf has updated the proposed Text Amendment section to allow either the Planning Commission or the Board of County Commissioners (or both) to conduct the conceptual Sketch Plan Review. As the Sketch Plan review is optional, the reviewing body would be at the discretion of the applicant. Staff proposes the following changes to the LUDC L RÊqdlsd t{.dce Àdd¡l¡ond ReqlrlrüErtrIã Dt2a2Publidoounty Road Split BOCCuevelopmgn¡Huml Latut203 Al typêsofnodæ lorbolh PC and BOCû.PC BOCC5-203 Rural Land Development (Greater I I I I PC &204¡@! t301t@! t302.3. mdlod Stetó Pt6n {Opt¡onal) ilMinorSobdvision Bas¡c Corection BOCCIñI BOCC i I I I I I I I I I I I I I PC BOCC Al lypeeofnoüe lqboft Pt âîd BOCC1302.c.Prel¡minary Plan I I I I 15 dfl Ma¡lêd Noti6 tor boñ PC and BoCC I I I I I PC BOCCI BOCC +302.D. +303.8. Final Plar, Plðt Sksld| Plan (Opthtral) I T Tablo 5.10J: Comnroû Rov¡ew Procedures atld R(4tr¡rql Nolice Con¡monReviewPn[e(lutesd-101. A B C D E t u:+øùo.Y.eèıır:þå'ÈË5 ıËE,9zE*Þ*EEd.ã.9 d;¿uè ıø .€ ô I u ! e Ê BOCC Board ol Coutty Comm¡sEioneE D Dirpclor PC Pl6¡ninç Comm¡sion Exenì¡)t¡ons o U G HI B. Sketch Plan Review 1. Overview. The Sketch Plan Review is an optional process intended to provide for a conceptual review by the Board of County Commissioners and/or the Planning Commission 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 mod ifications: a. The Board of County Commissioners and/or the Planning Commission may conduct a conceptual review of the proposal. The comments and recommendations from the Board of County Commissioners and/or the Planning Commission are not binding and no formal motion from the Board is needed to conclude the Sketch Plan process. Planning Gemmissien, The Planning Gemmissien's eemments and e, The Ðireeter shall previde the Applieant with written netiee ef the Planning 2 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. ,Small Camping Fãcilities - Article 3,7, and 15 During the Planning Commission hearing on November 18th, some members of the Commission discussed issues with the inclusion of the Small Campground use. Potential issues included the proliferation of these small campgrounds throughout the County, issues with enforcement, and the loss of rural character. Staff has proposed changes that would restrict the properties that could apply for the permit and decrease the impacts from a Small Campground facility. This includes a requirement that the property have a minimum lot size of 1O-acres, a decrease in the total number of RV spaces and tent spaces from six to four, limiting the use to the Rural and Resource/Lands Zone District, and a limit of operational periods from May through November. These changes are identified in the proposed Text Amendment language below. Staff would also like to note that while applicants will be permitted to apply for a Small Campground use in multiple zone districts, this does not mean that the application will be approved. The applicant would be required to go through the Administrative Land Use Change Permit process, which requires public notice and ultimately results in a Director's Decision as to whether or not the application meets the standards outlined in the Land Use and Development Code. The Director's Decision may be appealed to the Board of County Commissioners by either, Staff, the Applicant, or an Affected Property Owner. Proposed changes are outlined below: Small Camping Facility - A facility that allows for up to four total tent pads and/or recreational vehicle spaces on a limited basrs. 3 tut Iu L L L M 7-905lampground/ RV Park M a A A 7-906A3mãll Camp¡ng Facilny Table 3403: Use Table /p/ By Rtght /A/ Admnßtrat¡ve Rewew /L/ Limited tmpact Rewew /M/ Maior lmpact Rev¡ew lal Exèmpt frcm County Rev¡ew and Standarcls Residential Non¡esidential Resource Land unless åxempted, all Districts Districts Zone Districts uses must comply wrth Artrcle 7 Standards 'r i includ¡ng Ute-specif¡c' ) Standards. Use TypeUse Category Vis¡tor Accommodalion Do ^ 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 Two passenger vehicles shall be permitted per tent pad site C. Recreational Vehicles One Recreational Vehicle is permitted per RecreationalVehicle space D. Operational Timeframes A Small Camping Facility is only permitted to operate between May and November E. Property Size A Small Camping Facility is only permitted on a property with an area of 1O-acres or greater. Grading Regulations - Article 3, 7 and 15 Staff has identified a potential issue where fill material storage and associated 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. ln some instances, the Material Storage and grading continues for multiple years or is operating as a business. To address concerns mentioned at the previous Planning Commission hearing, Staff has changed the definition to provide a more targeted use category described as Material Storage. This use category would be triggered if the storage of fill material on a property 4 is commercial or exceeds certain thresholds. This proposed change significantly narrows the previous recommendation that described grading activities more generally. lt is important to note that there are exemptions for a variety of uses built into the definition. Material Storage. The use of a property for either the commercial storage and import of fill material or a non-commercial use that exceeds 5000 cubic yards of fill material, or 20,000 square feet of disturbance. Activity directly associated and necessary for an approved Land Use Change Permit, Subdivision, an Active Building Permit or that is associated with an Agricultural Use is exempt. service 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 ag reements. 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. Since the Planning Commission has now received different options for certain Text Amendment topics, Staff recommends that any motion should identify whether the Commission would like to approve or deny options from specific memos. The Planning Commission may also recommend changes to either of the two options provided. Recommended Findings for approval are provided for Planning Commission consideration as follows: 1. That proper public notice was provided as required for the hearing before the Planning Commission. 5 L L a A A A A 7-T001LMaterial Handllng a A A A A 7-f00tLLLltaterial Storaçe Table 3-403: Use Table /p/ By Rßht /A/ Adm,¡¡'ßúaÌ¡ve Revrcw lt-t L,mited |l/¡,pact Review /1ú/ Malor Impacr Revtew l.l Exemptfrom County Revtew ãnd Sfañdards Resldential Nonresidential Resource Land Unless exempted, ðll Districts Districts Zone Districts use$ must cofiply with .. l: , 1 Artrcle if Standards :r. I i . ii rncludingUse-Specific I l,ji sfandards. Use TypeUse Category il' I .: I 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 Gode 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 arc in compliance with the Garfield County Comprehensive Plan. S. 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. 6