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HomeMy WebLinkAbout2.0 Staff Memo & Exhibits BOCC 01.18.2021Text Amendments to Land Use and Development Code – Exhibits Board of County Commissioners – Public Hearing January 18, 2021 Exhibit # 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 5 Article 3 Proposed Changes 6 Article 4 Proposed Changes 7 Article 5 Proposed Changes 8 Article 7 Proposed Changes 9 Article 8 Proposed Changes 10 Article 15 Proposed Changes 1 Memorandum DATE: January 18, 2020 TO: Garfield County Board of County Commissioners FROM: Patrick Waller, AICP, Senior Planner Sheryl Bower, AICP, Community Development Director Subject: Text Amendment Package Background & Request The proposed Text Amendments are the result of Staff and Planning Commission work on targeted changes that will provide benefits to members of the public and applicants in the processing of Land Use applications. The Text Amendments include items that, clarify particular uses, add new sections that provide additional flexibility to applicants, update regulations based on current technologies, or remove regulations that were overly complicated. The Text Amendment package was heard by the Planning Commission on November 18th and continued to the December 9th agenda. At that meeting, the Planning Commission unanimously recommended approval, by a vote of 5-0, with a few small changes to the Sketch Plan and Small Camping sections. Those changes are incorporated below and supported by Staff. 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 by identifying key issues and problems before the submittal of a formal Subdivision application. Currently the Land Use Code requires that Sketch Plan is reviewed by the Planning Commission and not the Board of County Commissioners. Exhibit 1 2 Since the BOCC will make the final determination on Subdivision applications, it is Staff’s opinion that 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. The proposed Text Amendments would require mailed notice. This will notify neighbors of the application earlier and increase the potential for public input. 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. Based on the informal nature of the Sketch Plan review, the proposed Text Amendments removed the requirement for a response from the Director after the Sketch Plan. The applicant will be present during the Sketch Plan process and will be able to identify any issues as they come up in the review. Initially Staff proposed that the applicant have the choice of being reviewed by either the Planning Commission or the Board of County Commissioners, however, the Planning Commission wanted to be sure that they were involved in the Sketch Plan process. The Planning Commission motion is captured in the text below, however Staff does not believe that the text represented by the motion captures the Planning Commission’s intent. Staff has provided a second option (below the original text) for the Board to consider that would require all Sketch Plans to go in front of the Planning Commission with an optional review by the BOCC. Since the Planning Commission hearing, Staff also included a minor clarifying change to Section B.2.a that changed the text from Board to reviewing body. The following changes are proposed to the LUDC: 3 Option 1 (This is the option included in Exhibit 7): Section 5-302 Major Subdivision Review B. Sketch Plan Review. 1. Overview. The Sketch Plan Review is an optional process intended to provide for a conceptual review by the Planning Commission and/or 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 Planning Commission and/or the Board of County Commissioners may conduct a conceptual review of the proposal. The comments and recommendations from the Planning Commission and/or the Board of County Commissioners are not binding and no formal motion from the Board reviewing body is needed to conclude the Sketch Plan process. b. The Director shall provide the Applicant with written notice of the Planning Commission’s Conceptual Review comments and recommendations within 10 days of the date of the review. 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. Option 2 (Staff Recommended Change) Section 5-302 Major Subdivision Review B. Sketch Plan Review. 1. Overview. The Sketch Plan Review is an optional process intended to provide for a conceptual review by the Planning Commission with an optional 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: 4 a. The Planning Commission and the Board of County Commissioners may conduct a conceptual review of the proposal. The Sketch Plan shall be reviewed by the Planning Commission and the applicant may choose to also have a review by the Board of County Commissioners. 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 reviewing body is needed to conclude the Sketch Plan process. b. The Director shall provide the Applicant with written notice of the Planning Commission’s Conceptual Review comments and recommendations within 10 days of the date of the review. 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 The Text Amendment includes 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. This section would be an entirely new application. Staff has included one additional clarification to the Planning Commission motion that identifies a 15-day mailed notice period. Proposed updates are as follows: 5 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 Deviation from Dimensional Standards 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 deviation 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 at least 15-days prior to the Director’s Decision. 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 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. Industrial Use Standards in Section 7-1001 The Land Use and Development Code includes a variety of uses that are required to meet the Industrial Use Standards. These regulations include 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. The Planning Commission recommended approval of updated language that makes this differentiation clear. Changes are outlined in red. 7-1001. Industrial Use. These standards shall apply to all industrial uses: A. Residential Subdivisions Industrial uses shall not occupy a lot in a platted residential Subdivision B. 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. C. Concealing and Screening a. When an industrial use is not located on an industrial zoned property, all storage, Fabrication, service, and repair operations shall be conducted within an enclosed building or have adequate provisions, based on location and topography, to conceal and screen the facility and/or operations from adjacent property(s). D. Storing a. Materials shall be stored on the property in a form or manner that will not i. be transferred off the property by any reasonably foreseeable natural ii. cause or force. b. All products shall be stored in compliance with all national, State, and i. local codes. c. Shall be a minimum of 100 feet from an adjacent property line or located entirely within a building. 7 d. Petroleum and hazardous products shall be stored in an impervious spill i. 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 Agritourism 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. The Planning Commission 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. 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: The Planning Commission proposed that Agritourism is defined as follows: Update to Article 15: Definitions Agritourism. 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. 8 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 a growing industry and should be included in the Land Use and Development Code. Planning Commission proposed the following definition and review level. Article 15 Definitions Brewery/Winery/Cidery/Distillery. A facility for brewing, packaging, and distribution of beer, mead, wine, cider, spirit and/or similar beverages. Use Table Updates 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. Planning Commission included language that at a minimum 20% of the produce that is sold or processed should be grown on site. Additionally, the updated language includes a clarifying change to the definition for off-site sale and processing. Article 15: Definition - Proposed Updates 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 distance from the agricultural area. These facilities accept products from off-site locations for processing, storage, and distribution. 9 Condominium Regulations – Section 5-306 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. The Planning Commission 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, the proposed amendment included language that allows for an applicant to demonstrate that the proposed parcel meets Article 7, Division 1, 2, and 3 requirements. All changes are shown in red. 5-306 Common Interest Community Subdivision Review. A. Overview. The subdivision of land for Condominiums and planned communities, such as townhouses, defined as Common Interest Communities in the Colorado Common Interest Ownership Act (“CCIOA”), C.R.S. § 38-33.3-101, et seq., shall require approval of the Plats and maps described in C.R.S. § 38-33.3-209, along with approval of the declaration defined in CCIOA. B. Review Process. An application for a Common Interest Community Subdivision Final Plat shall be processed according to section 4-103, Administrative Review, and consistent with Table 5-103 C. 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: a. The total common area and individual lot area of the whole project, divided by the total number of units, meets the minimum Lot Size requirements of the zone district. 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. 10 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. The Planning Commission recommended the changes on the following page to the Land Use Code to address the issue: 11 Article 8: Inclusionary Zoning For Housing Section 8-102. Applicability. These requirements apply to all residential Subdivisions and applications for Land Use Change Permits proposing 15 or more lots, 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. 12 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. The proposed amendments recommend differentiating the two uses with a new use category, a Small Camping Facility, defined as follows: Update to Article 15: Definitions Small Camping Facility. A facility that allows for up to four total tent pads and/or recreational vehicle spaces on a limited 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. Initially the Planning Commission identified issues with the Small Camping Facility use. Mainly these issues revolved around the definition and use specific standards being overly broad. To address the Planning Commission concerns, Staff updated the regulations as follows: - Properties would be required to be 10-acres in size to apply - The overall spaces permitted decreased from six to four - The Zone Districts where the use was permitted were limited - Operational periods were restricted from May through November These changes are included in the text below. 13 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. Passenger Vehicles Two passenger vehicles shall be permitted per tent pad site or Recreational Vehicle Space. C. Recreational Vehicles One Recreational Vehicle is permitted per Recreational Vehicle space. D. Operational Timeframes A Small Camping Facility is only permitted to operate between May 1st and November 30th. E. Property Size A Small Camping Facility is only permitted on a property with an area of 10-acres or greater. Solar Regulations – Article 7 and 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, Planning Commission recommended that the threshold for Accessory Solar is increased from 15kw to 25kw. To give the Commission 14 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. After the Planning Commission hearing Staff identified an update that needs to be included in Section 7-1101 (B). It is a small change to the requirements for Accessory Solar Energy Systems that is required to ensure the new 25kw threshold is consistent throughout the Land Use Code. 7-1101. SOLAR ENERGY SYSTEMS A. Signage. All Solar Energy Systems must install signage warning of electrical shock around the perimeter of the system. B. Solar Energy Systems, Accessory. These additional standards apply to Accessory Solar Energy Systems: 1. Building-Mounted System: a. The Solar Energy System components must be mounted as flush to the roof or structure as practicable. b. The building-mounted Solar Energy System may not exceed the roofline for pitched roofs. c. Solar collectors installed on flat roofs may be raised up to 6 feet above the height of the building and shall have a 3-foot setback from the edge of the roof. 2. Ground-mounted System: a. A ground-mounted system must meet the minimum setbacks of the zone district and shall be located fully within the Building Envelope, if a Building Envelope exists. b. The height of the Solar Energy System shall not exceed 15 feet. c. The total area of the ground-mounted Solar Energy System shall not exceed 10% percent of the lot’s gross area. d. Size of the system(s) is limited to less than a combined 25 15kW-rated nameplate DC capacity to include equivalent kW measurement of energy for systems other than photovoltaics. Article 15 Definitions Solar Energy System, Accessory. A device and/or system that has a combined name plate DC rating of less than 15 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 15 25 kilowatt to 500 kilowatt and includes the equivalent kilowatt 15 measurement of energy for systems other that photovoltaic that converts the sun’s radiant energy into thermal, chemical, mechanical, or electrical energy. 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. The Planning Commission recommendation included a finding that both of these criteria have been met. Board of County Commissioners Decision The Garfield County Planning Commission recommended unanimous approval of the Text Amendment package (5-0). The Board may choose to approve the amendments as recommended, approve the amendments with identified changes, continue the public hearing for more information, or deny the requested amendments. If the Board wishes to approve the proposed amendments, Staff has included the findings identified below. 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 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. Exhibit 2 GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3-22 3-403. USE TABLE. Table 3-403: Use Table /P/ By Right /A/ Administrative Review /L/ Limited Impact Review /M/ Major Impact Review /●/ Exempt from County Review and Standards Use Category Use Type Residential Districts Nonresidential Districts Resource Land Zone Districts Unless exempted, all uses must comply with Article 7 Standards including Use-Specific Standards. R RS RU RMHP CL CG I PL RL P RL E RL TS RL GS AGRICULTURAL AND ANIMAL-RELATED USES General Agriculture P P ● P P P P EXEMPT Agritourism P P ● P P P P EXEMPT Building or Structure Necessary to Agricultural Operations, Accessory P P ● P P EXEMPT Forestry P P ● P P P P EXEMPT Products Processing, Storage, Distribution, and Sale Off-Site A L L L ● P P P P At Point of Production P P P P P P P ● P P P P EXEMPT Animals and Related Services Animal Sanctuary P ● P P 7-601 Animal Processing M M M ● 7-602 Feedlot, Commercial M M ● M Kennel, Small L M L L A ● L L 7-603 Kennel, Large M L L A ● L L 7-603 Riding Stable P P ● P P Veterinary Clinic A A L L A ● L 7-604 RESIDENTIAL USES Household Living Dwelling, Single-Unit (per legal lot) P P P P P P ● P P Dwelling, 2-Unit A A A A A A ● Dwelling, Multi-Unit L L A L L L L ● Dwelling Unit, Accessory P P P P P P P ● P P P P 7-701 Exhibit 5 GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3-25 Table 3-403: Use Table /P/ By Right /A/ Administrative Review /L/ Limited Impact Review /M/ Major Impact Review /●/ Exempt from County Review and Standards Use Category Use Type Residential Districts Nonresidential Districts Resource Land Zone Districts Unless exempted, all uses must comply with Article 7 Standards including Use-Specific Standards. R RS RU RMHP CL CG I PL RL P RL E RL TS RL GS Brewery, Winery, Cidery, Distillery L P P P ● L Optional Premises Cultivation Operation M M M 2 7-903 Retail, General A A A A P P P ● Retail, Equipment, Machinery, Lumber Yards P P P ● P P P P Retail, Vehicle and Equipment Sales M P P P ● Bulk Sales of LPG and CNG L L L L L L Recreation and Entertainment Golf Course/Driving Range A A A A A ● A Theater, Indoor P P A ● Motor Sports Center M M M M ● L L Recreation, Indoor L M M M P P A ● Recreation, Outdoor L M M M M M L L L L L L Shooting Gallery/Range L M M M M M L L M M M M 7-904 Services Crematorium M L L L ● Eating or Drinking Establishment L L L L P P P ● A A General Service Establishment L P P P ● Laundromat A L L L P P P ● Laundry or Dry-Cleaning Plant L L L ● Mortuary M L L L ● Vehicles and Equipment Car Wash M A A A ● Parking Lot or Parking Garage L L L L A A A ● Repair, Body /Paint, or Upholstery Shop A P P P ● 2 Refer to the Federal Government for the laws and policies in regards to cultivation operations for Medical Marijuana. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3-26 Table 3-403: Use Table /P/ By Right /A/ Administrative Review /L/ Limited Impact Review /M/ Major Impact Review /●/ Exempt from County Review and Standards Use Category Use Type Residential Districts Nonresidential Districts Resource Land Zone Districts Unless exempted, all uses must comply with Article 7 Standards including Use-Specific Standards. R RS RU RMHP CL CG I PL RL P RL E RL TS RL GS Visitor Accommodation Campground/ RV Park M M M L L L M 7-905 Small Camping Facility A ● A A 7-906 Lodging Facilities L L L L P P L ● A A INDUSTRIAL USES Extraction Compressor/Pipeline Pump Station (Not Subject to Article 9) L L L ● L L L L 7-1001 Compressor, Booster A A A A A A A ● P P P P Gravel Operation M M L L L L L 7-1001, 7-1002 Mining Operation This use is subject to 1041 Regulations as Described in Article 14 of the Land Use and Development Code Hydraulic Fracturing, Remote Surface Facility P P P P P P P ● P P P P EXEMPT Injection Well, Piped P A P ● P P P P 7-1001 Injection Well, Small A A P ● P P P P 7-1001 Injection Well, Large L L ● P P P P 7-1001 Oil and Gas Drilling and Production P P P P P P P ● P P P P EXEMPT Service Contractor’s Yard, Small A P P P ● A A A A 7-1001 Contractor’s Yard, Large M P P P ● L L L 7-1001 Material Handling L L L ● A A A A 7-1001 Processing L L L L ● A L A A 7-1001 Processing, Accessory (Batch Plant) L L L L ● A A 7-1001 Processing, Temporary A A A A ● A A 7-1001 GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-8 Table 4-102: Common Review Procedures and Required Notice Section 4-101. A B C D E F G H I Required Notice Applicable Review Procedure Pre-App. Conference Completeness Referral Agency Director Evaluation Notice Recommendation Decision Duration/Expiration Extension Published Mailed Posted Additional Requirements BOA Board of Adjustments BOCC Board of County Commissioners D Director PC Planning Commission 4-120 Deviation from Dimensional Standards Requirement of Notice to be determined by the Community Development Director Exhibit 6 GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-24 particular case. 7. If applicable, the request would be consistent with the Comprehensive Plan future land use designation and with the general purpose and intent of the zoning district in which the accommodation would be located. 8. The requested accommodation will not substantially affect the physical attributes of the property. 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 at least 15-days prior to the Director’s Decision. 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. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-26 Table 4-201: Application Submittal Requirements Section 4-203. B C D E F G H I J K L M N O Written Narrative/ Additional Submissions General Application Materials Vicinity Map Site Plan Grading and Drainage Plan Landscape Plan Impact Analysis Rezoning Justification Report Statement of Appeal Development Agreement 1 Improvements Agreement 2 Traffic Study Water Supply/Distribution Plan Wastewater Man./treat Plan Floodplain Analysis Affordable Housing Plan3 Section Application Type 4-103 Administrative Review Demonstration of Compliance with Section 7-107. 4-104 Limited Impact Review Demonstration of Compliance with Section 7-107. 4-105 Major Impact Review Demonstration of Compliance with Section 7-107. 4-106 Amendment to an Approved LUCP Amendment Description, subject to Minor or Substantial Modification determination per section 4-106. 4-107 Minor Temporary Housing Facility See Section 4-301 for additional submittal requirements. 4-108 Vacation of a County Road or Public ROW See Section 4-302 for additional submittal requirements. 4-109 Development in 100-Year Floodplain 4-110 Develop. 100-Year Floodplain Variance Statement of request and response to standards. 4-111 Location and Extent Review Demonstration of general conformance with the Comp. Plan and compliance with any applicable IGAs. 4-112 Call-Up to the BOCC Application materials as determined by Director. 4-113 Rezoning Legal description of property. 4-114 Code Text Amendment Written description of amendment and justification. 4-115 Variance Statement of request and response to standards. 4-116 Administrative Interpretation 4-117 Administrative Interpretation Appeal. 4-118 Waiver of Standards Submitted with companion application or determined by Director for Waiver of Standard for By Right Use. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 4-27 Table 4-201: Application Submittal Requirements Section 4-203. B C D E F G H I J K L M N O Written Narrative/ Additional Submissions General Application Materials Vicinity Map Site Plan Grading and Drainage Plan Landscape Plan Impact Analysis Rezoning Justification Report Statement of Appeal Development Agreement 1 Improvements Agreement 2 Traffic Study Water Supply/Distribution Plan Wastewater Man./treat Plan Floodplain Analysis Affordable Housing Plan3 Section Application Type 4-119 Accommodation, Federal Fair Housing Act 4-120 Deviation from Dimensional Standards Additional submittal items to be determined by Director. 1 A development agreement will be required for any project for which the Applicant is requesting a vested rights period longer than 3 years. 2 An improvements agreement may be required for any project for which public improvements are necessary. 3 If required - pursuant to Article 8 GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5-8 3. Further divisions of the lots created through the Minor Subdivision process shall be processed as Major Subdivisions. 4. Use of the Minor Subdivision process does not prevent the subsequent use of a RLDE pursuant to section 5-203. B. Review Process. A Minor Subdivision application shall be reviewed pursuant to section 4-103, Administrative Review, and consistent with Table 5-103. C. Review Criteria. In considering a Minor Subdivision application, the application shall demonstrate the following: 1. It complies with the requirements of the applicable zone district and this Code, including Standards in Article 7, Divisions 1, 2, 3 and 4. 2. It is in general conformance with the Comprehensive Plan. 3. Shows satisfactory evidence of a legal, physical, adequate, and dependable water supply for each lot. 4. Satisfactory evidence of adequate and legal access has been provided. 5. Any necessary easements including, but not limited to, drainage, irrigation, utility, road, and water service have been obtained. 6. The proposed Subdivision has the ability to provide an adequate sewage disposal system. 7. Hazards identified on the property such as, but not limited to, fire, flood, steep slopes, rockfall and poor soils, shall be mitigated, to the extent practicable. 8. Information on the estimated probable construction costs and proposed method of financing for roads, water distribution systems, collection systems, storm drainage facilities and other such utilities have been provided. 9. All taxes applicable to the land have been paid, as certified by the County Treasurer’s Office. 10. All fees, including road impact and school land dedication fees, shall be paid. 11. The Final Plat meets the requirements per section 5-402.F., Final Plat. 5-302. MAJOR SUBDIVISION REVIEW. A. Overview. Applications for a Major Subdivision shall be processed according to Table 5-103 and consistent with the following procedures: B. Sketch Plan Review. 1. Overview. The Sketch Plan Review is an optional process intended to provide for a conceptual by the Planning Commission and/or the Board of County Commissioners regarding review at a conceptual level 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: Exhibit 7 GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5-9 a. The Planning Commission. The Planning Commission’s comments and recommendations are not binding.The Planning Commission and/or the Board of County Commissioners may conduct a conceptual review of te proposal. The comments and recommendations from the Planning Commission and/or the Board of County Commissioners are not binding and no formal motion from the reviewing body is needed to conclude the Sketch Plan process. a. The Director shall provide the Applicant with written notice of the Planning Commission’s Conceptual Review comments and recommendations within 10 days of the date of the review. 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. C. Preliminary Plan Review. 1. Overview. The Preliminary Plan Review will review the feasibility and design characteristics of the proposed land division as well as evaluate preliminary engineering design. 2. Review Process. Preliminary Plan Review shall be processed according to Table 5-103. 3. Review Criteria. A Preliminary Plan application shall meet the following criteria: a. Compliance with the Article 7, Division 1, General Approval Standards; b. Compliance with the Article 7, Division 2, General Resource Protection Standards; c. Compliance with applicable Article 7, Division 3, Site Planning and Development Standards; d. Compliance with applicable Article 7, Division 4, Subdivision Standards and Design Specifications; and e. Any other applicable standard. D. Final Plan/Plat Review. 1. Overview. The Applicant must receive Preliminary Plan approval before requesting a Final Plan/Plat. 2. Review Process. Applications for Final Plan/Plat shall be processed according to Table 5-103. 3. Review Criteria. An application for Final Plan/Plat shall meet the following criteria: a. Comply with all conditions of Preliminary Plan approval; b. Comply with the Final Plan required in section 5-402.E. and the Final Plat in section 5-402.F.; c. All taxes applicable to the land have been paid, as certified by the County Treasurer. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5-13 c. Determination by the BOCC. The Director shall have the discretion to request the BOCC decide, in a Public Meeting, whether a modification is Minor or Substantial. C. Review Criteria. Minor Modifications to Preliminary Plans are those that deviate from standards or rearrange/reconfigure elevations, structures, parking areas, landscape areas, drainage facilities, utilities, or other site improvements in an approved Preliminary Plan, and that meet all of the following criteria as applicable: 1. Comply with all requirements of this Code; 2. Do not conflict with the Comprehensive Plan; 3. Do not change the character of the development; 4. Do not alter the basic relationship of the development to adjacent property; 5. Do not change the uses permitted; 6. Do not require amendment or abandonment of any easements or rights-of- way; 7. Do not increase the density; 8. Do not increase the zone district dimensions to an amount exceeding the maximum dimension in the applicable zone district in Table 3-201; and 9. Do not decrease the amount of the following to an amount below the minimum required in the applicable zone district: a. Amount of dedicated Open Space; b. The size of or change in the locations, lighting, or orientation of originally approved signs; and c. Any zone district dimensions in Table 3-201 5-305. AMENDED FINAL PLAT REVIEW. A. Overview. This process shall be used to modify a Plat such as, but not limited to, modifying Lot Lines, Building Envelopes, easement locations, or other interests. B. Review Process. An application for an Amended Final Plat shall be processed pursuant to section 4-103, Administrative Review, and consistent with Table 5-103, with the following modification: 1. The Amended Final Plat shall be presented to the BOCC for signature, prior to recording with the County Clerk and Recorder. C. Review Criteria An application for an Amended Final Plat shall meet the following criteria: 1. Does not increase the number of lots; and 2. Does not result in a major relocation of a road or add any new roads; or 3. Will correct technical errors such as surveying or drafting errors. 5-306. COMMON INTEREST COMMUNITY SUBDIVISION REVIEW. A. Overview. The subdivision of land for Condominiums and planned communities, such as townhouses, defined as Common Interest Communities in the Colorado Common Interest GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5-14 Ownership Act (“CCIOA”), C.R.S. § 38-33.3-101, et seq., shall require approval of the Plats and maps described in C.R.S. § 38-33.3-209, along with approval of the declaration defined in CCIOA. B. Review Process. An application for a Common Interest Community Subdivision Final Plat shall be processed according to section 4-103, Administrative Review, and consistent with Table 5-103. C. 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: a. The total common area and individual lot area of the whole project, divided by the total number of units, meets the minimum Lot Size requirements of the zone district. b.a. 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. 5-307. VACATING A FINAL SUBDIVISION OR SUBDIVISION EXEMPTION PLAT. The plat vacation process is for the purposes of eliminating the subdivision of property as reflected by a previously recorded Final Subdivision or Subdivision Exemption Plat. This process may be necessary where a property owner wishes to return the subdivision lots reflected on a recorded plat to a single parcel of land, or to eliminate an obsolete subdivision in which lots do not meet current subdivision requirements including lot size, environmental conditions or provision of adequate infrastructure. 7-47 7-905. CAMPGROUND/RECREATIONAL VEHICLE PARK. All Recreational Vehicle spaces shall abut upon a driveway, graded for drainage, and maintained in a rut- and dust-free condition, which provides unobstructed access to a public right-of-way. The minimum unobstructed width of such driveways shall be 15 feet for 1-way traffic or 25 feet for 2-way traffic. No parking shall be permitted on the driveways. 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. Passenger Vehicles Two passenger vehicles shall be permitted per tent pad site or Recreational Vehicle Space. C. Recreational Vehicles One Recreational Vehicle is permitted per Recreational Vehicle space. D. Operational Timeframes A Small Camping Facility is only permitted to operate between May 1 st and November 30th. E. Property Size A Small Camping Facility is only permitted on a property with an area of 10-acres or greater. DIVISION 10. ADDITIONAL STANDARDS FOR INDUSTRIAL USES. 7-1001. INDUSTRIAL USE. These standards shall apply to all industrial uses: A. Residential Subdivisions. Industrial uses shall not occupy a lot in a platted residential Subdivision. B. 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. C. Concealing and Screening. When an industrial use is not located on an industrial zoned property, all storage, Fabrication, service, and repair operations shall be conducted within an enclosed building or have adequate provisions, based on location and topography, to conceal and screen the facility and/or operations from adjacent property(s). Exhibit 8 7-48 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). E. Industrial Wastes. All industrial wastes shall be disposed of in a manner consistent with Federal and State statutes and requirements of CDPHE. Flammable or explosive solids or gases and other hazardous materials including wastes shall be stored according to the manufacturer’s standards and shall comply with the national, State, and local fire codes and written recommendations from the appropriate local fire protection district. F. Noise. Noise shall not exceed State noise standards pursuant to C.R.S., Article 12, Title 25, unless the use is regulated by the COGCC. In this case, the use shall be subject to COGCC rules in regard to noise abatement. G. Ground Vibration. Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property. H. Hours of Operation. Any activity that will generate noise, odors, or glare beyond the property boundaries will be conducted between the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday, or as approved by the decision-making authority. I. Interference, Nuisance, or Hazard. Every use shall be so operated that it does not emit heat, glare, radiation, or fumes that substantially interfere with the existing use of adjoining property or that constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signal, and reflective painting of storage tanks, or other legal requirements for safety or air pollution control measures, shall be exempted from this provision. 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. 7-55 DIVISION 11. ADDITIONAL STANDARDS FOR UTILITIES. 7-1101. SOLAR ENERGY SYSTEMS. A. Signage. All Solar Energy Systems must install signage warning of electrical shock around the perimeter of the system. B. Solar Energy Systems, Accessory. These additional standards apply to Accessory Solar Energy Systems: 1. Building-Mounted System: a. The Solar Energy System components must be mounted as flush to the roof or structure as practicable. b. The building-mounted Solar Energy System may not exceed the roofline for pitched roofs. c. Solar collectors installed on flat roofs may be raised up to 6 feet above the height of the building and shall have a 3-foot setback from the edge of the roof. 2. Ground-mounted System: a. A ground-mounted system must meet the minimum setbacks of the zone district and shall be located fully within the Building Envelope, if a Building Envelope exists. b. The height of the Solar Energy System shall not exceed 15 feet. c. The total area of the ground-mounted Solar Energy System shall not exceed 10% percent of the lot’s gross area. d. Size of the system(s) is limited to less than a combined 1525kW- rated nameplate DC capacity to include equivalent kW measurement of energy for systems other than photovoltaics. 7-1102. TELECOMMUNICATIONS FACILITIES. A. New Towers and Facilities. To gain approval to construct a new transmission tower or facility, the Applicant must demonstrate that: 1. The proposed tower or facility has sufficient structural strength or space available to support the Applicant’s Telecommunication Facility and related equipment; and 2. The proposed tower or facility will not cause unreasonable electromagnetic or other interference with the antennas on existing towers, structures, or utility structures; or 3. No owner of existing towers, structures, or utility structures, within a distance that meets the Applicant’s engineering requirements, will allow the Applicant to place its tower or facility thereon. B. Structural and Engineering Standards. The Applicant shall submit evidence concerning structural and engineering standards prepared by a qualified professional engineer. The safety of the property and the neighborhood shall be protected. C. Public Utility Structures. Towers or facilities that are proposed to be mounted on existing structures of public utilities that have a franchise or other written permission from the County and use- GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 8-1 ARTICLE 8: INCLUSIONARY ZONING FOR HOUSING DIVISION 1. GENERAL PROVISIONS 8-101. FINDINGS AND PURPOSE. A. Findings. The BOCC finds that an adequate supply of Affordable Housing in the County is essential and necessary to preserve and maintain the health, welfare, safety, and quality of life for residents of Garfield County. 1. An adequate supply of housing that is affordable to the local labor force is necessary for the local economy to remain stable and to grow in a healthy manner. 2. New development creates demand for workers in construction, maintenance, services, and retail sales, increasing the demand for Affordable Housing. 3. New development shall be required to provide Affordable Housing that mitigates the impacts that are attributable to such development in areas designated by the County, where Affordable Housing has become limited and problematic for adequate workforce housing. B. Purpose. The purpose of this Article is to ensure that the housing needs of all economic segments of the community will be met. New development shall be required to contribute to the Affordable Housing supply in the County, as reasonable and appropriate with consideration to the development’s impact on the supply of Affordable Housing available to the local labor force. 8-102. APPLICABILITY. These requirements apply to all residential Subdivisions and applications for Land Use Change Permits proposing 15 or more lots, units, or a combination of lots and units located within Area 1, shown in Figure 8-1. Exhibit 9 GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 8-2 Figure 8:1: Map Showing Area 1 DIVISION 2. APPLICATION AND REVIEW PROCEDURES 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. A. Affordable Housing Plan and Agreement. The Applicant shall submit an “Affordable Housing Plan” that includes the following provisions. 1. The proposed location of the Affordable Housing Units. 2. The proposed number and unit mix of Affordable Housing Units based upon the provisions of section 8-301, Number and Unit Mix. 3. The proposed schedule for construction and completion of the Affordable Housing Units in relation to the proposed construction and completion of the overall development. 4. The proposed breakdown of Affordable Housing Units by category, based on provisions of section 8-301.B., Unit Mix and Minimum Bedroom Requirement, including the proposed Lot Size and square footage size of each unit. 5. The proposed calculations for HOA dues as set forth in section 8-302.B.5. 6. The proposed form of Deed Restriction and any other documents necessary to comply with the requirements of this Article. 7. Any rental housing proposal will require the Applicant to propose additional guidelines not codified herein. Such guidelines at a minimum must address details for administration and on-going affordability. The proposed guidelines are subject to BOCC approval. 8. The proposed method of financial security to ensure construction of the Affordable Housing Units, such as: GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 8-3 a. A bond or other security acceptable to the BOCC, in an amount acceptable to the BOCC to ensure the required number of Affordable Housing Units are constructed. b. Provisions in the adopted Affordable Housing Plan that require Building Permits for 10 free-market houses may only be issued after a Building Permit for 1 Affordable Housing Unit has been issued. c. Another method of securing construction of the Affordable Housing units acceptable to the BOCC. 9. If the Applicant proposes to locate some or all of the Affordable Housing Units off-site, the plan for off-site location and justification therefor. 10. The proposal for compliance with all provisions of the Inclusionary Zoning Guidelines, Division 4 in this document, as maintained by the Garfield County Housing Authority (GCHA) or other Approved Affordable Housing Entity (AAHE). 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. DIVISION 3. CRITERIA FOR DEVELOPMENT OF AFFORDABLE HOUSING UNITS. 8-301. NUMBER AND UNIT MIX. 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 lot above .50 will be rounded up and any fraction of a unit lot .49 or less will be rounded down. B. Unit Mix and Minimum Bedroom Requirement. The Applicant shall propose the mix of housing types. The Affordable Housing Units shall closely mirror the market rate units and shall be of comparable quality with similar fixtures (e.g. dishwashers, disposals, air conditioning, and energy efficient windows) to market rate units. In addition, the units shall meet the following requirements: 1. The approved mix will provide the minimum number of bedrooms required based upon the following formula: a. Multiply the number of Affordable Housing Units required by 2.6 (the average number of persons in a household) then, b. Divide the result by 1.5 (the U.S. Department of Housing and Development criteria of person per bedroom). c. The resulting number is the minimum required number of bedrooms that must be disbursed across the required Affordable Housing Units. 2. Any proposal for a unit with 4 or more bedrooms may be approved, but only after a special review to determine a need. 3. Any fractional Affordable Housing Units created by the above formulas will be rounded up to the next highest number. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 8-4 4. The following minimum square footage requirements shall be met, with only finished square footage being counted, excluding garages, carports, and unfinished Basement space: Unit Type Minimum Size Studio 500 1 Bedroom 700 2 Bedroom 950 3 Bedroom 1,200 Single-Family, detached 1,400 8-302. PRICING OF UNITS. A. Area Median Income Categories Required. The average price for all Affordable Housing Units shall be dispersed over a range of the Area Median Income (AMI) levels for low and moderate income families as published annually by HUD for Garfield County. Applicant shall provide Affordable Housing Units in the following 3 categories, in accordance with the distribution described below: 1. Category I. 20% of required units must be in Category I; a. Units priced to 70% AMI; b. Units sold to 80% AMI households or less; 2. Category II. 40% of required units must be in Category II; a. Units priced to 90% AMI; b. Units sold to 100% AMI households or less; 3. Category III. 40% of required units must be in Category III; a. Units priced to 110% AMI; b. Units sold to 120% AMI households or less. 4. Exceptions: a. If 3 or fewer Affordable Housing Units are required by this Article, then the first unit required will be a Category II unit and the second unit required will be a Category III unit and the third unit will be a Category I unit. b. If the number of Affordable Housing Units required by this Article results in a fraction when multiplied by 40% or 20% (see required distribution of units above), then the Applicant must provide the greatest number of Affordable Housing Units as Category II units, followed by Category III, and lastly Category I. For example, if 16 Affordable Housing Units are required, then 40% of 16 results in 6.4 required Category II units. The Applicant should then provide 7 Category II units, 6 Category III units and 3 Category I units. B. Initial Sales Price. The initial sales price for each Affordable Housing Unit shall be calculated by the GCHA and the BOCC based on the following assumptions: 1. Principle, interest, mortgage insurance, taxes, homeowners insurance, and Homeowner Association dues not to exceed 33% of gross monthly household income based on family size determined by the chart below. 80% of that amount is estimated for principle and interest and 20% is estimated for mortgage insurance, taxes, homeowners insurance, and Homeowner Association dues. If actual costs are available, they may be used in lieu of this 80:20 ratio. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-4 packaging, milling, or storing of products which are intended for direct human or animal consumption or use. Agricultural Products, Processing, Storage, Distribution, and Sale at Point of Production. Establishments 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 distance from the agricultural area. These facilities accept products from off-site locations for processing, storage, and distribution. Agritourism. 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. Aircraft Landing Strip, Private. A facility that accommodates use and servicing of private aircraft. Airport. The strip of land used for taking off and landing aircraft, together with all adjacent land and facilities used in connection with the aircraft landing or taking off from the strip of land including, but not limited to, land and facilities used for existing Airport uses. Airport Elevation. The highest point of an Airport’s usable Runway, measured in feet above mean sea level. Airport Hazard. Any structure, object of natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport, or is otherwise hazardous to such landing or taking off of aircraft. Airport Imaginary Surfaces. Imaginary areas in space and on the ground that are established in relation to the Airport and its Runways. Imaginary areas are defined by the Primary Surface, Runway Protection Zone, Approach Surface, Horizontal Surface, Conical Surface, and Transitional Surface. A. Approach Surface. A surface longitudinally centered on the extended Runway centerline and extending outward and upward from each end of the Primary Surface. Dimensions are defined by FAR Part 77. The Approach Surface is sometimes designated as the “Approach Zone.” B. Conical Surface. A surface extending outward and upward from the periphery of the Horizontal Surface at a Slope of 20 to 1 for a horizontal distance of 4,000 feet. C. Horizontal Surface. A horizontal plane 150 feet above the established Airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the Primary Surface of each Runway of each Airport and Exhibit 10 GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-7 Average Daily Traffic (ADT). The average number of 1-way vehicular trips that are generated from a particular land use during a 24-hour period. Bakery. A commercial establishment for the production of baked goods, primarily for sale to other commercial establishments. Base Flood. A flood having a 1% chance of being equaled or exceeded in any given year. The term is used interchangeably with “intermediate regional flood,” “100-year flood,” and “1%- chance flood.” Base Flood Elevation. The elevation shown on a FEMA Flood Insurance Rate Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30, and VE that indicates the water surface elevation resulting from a flood that has a 1 percent chance of equaling or exceeding that level in any given year. Basement. Any area of the building having its floor sub-grade (below ground level) on all sides. Batch Plant. A facility for mixing concrete or asphalt. Bed and Breakfast. See “Lodging Facilities.” Brewery/Winery/Cidery/Distillery. A facility for brewing, packaging, and distribution of beer, mead, wine, cider, spirit and/or similar beverages. Building. Any structure having a roof supported by columns or walls and intended for supporting, enclosing, sheltering, or protecting any use or occupancy. The term “building” shall include modular or prefabricated buildings that do not fall within the definition of Manufactured Home. Building, Accessory. A subordinate building located on the same lot as the principal building, the use of which is incidental to the principal use. Unless otherwise specified in this Code, any Accessory Building is subject to the minimum requirements of the zoning district in which it is located. Building Code. The Code adopted by the Board of County Commissioners that regulates construction and alteration of structures and equipment intended to protect the public health, safety, and welfare, as the same may be amended from time to time. Building Envelope. The portion of a lot within which all structures are confined. Building Footprint. The outline of the total area that is covered by a building’s perimeter at ground level. Building or Structure Necessary to Agricultural Operations, Accessory. Accessory Buildings that are used to support agricultural operations. Examples include a barn, chicken coop, storage shed for agricultural equipment, and indoor riding arena. Building Permit. A permit which is issued by the Building Official prior to the erection, construction, alteration, moving, relocation, or change of use of any building or structure. Building Restriction Line. As it pertains to Article 14, a line that identifies suitable building area locations. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-8 Bulk. The total volume of the structure, found by multiplying the square footage by the height. Bulk Sales of LPG and CNG. Businesses that receive supplies from other sources and then store, distribute, and/or sell liquefied petroleum gas and/or compressed natural gas. Cabin. A structure with no more than 1200 square feet of gross floor area including unfinished basements, for living, sleeping, eating or cooking; shall be occupied as a dwelling for no more than 6 months within any calendar year for personal use; not to be used for commercial purposes; One cabin is allowed per legally created lot so long as no other dwelling unit is on the lot. All structures should comply with adopted Building Code requirements excluding ANSI 119.5 rated park trailers. Appropriate septic and electrical permits are required. Recreational Vehicles are not permitted to be recreational cabins. Campground/RV Park. A land parcel in single ownership that has been developed for occupancy by guest-owned tents and Recreational Vehicles (RVs) on a temporary basis for recreational purposes. Camping Facility, Small. A facility that allows for up to four total tent pads and/or recreational vehicle spaces on a limited basis. 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. Central Sewer System. See “Sewage Treatment Facility.” Central Water (Distribution) System. A public water system that serves more than 1 service connection used by year-round residents. Cesspool. An underground reservoir for liquid waste. Child Care Center. A facility licensed by the State department, by whatever name known, that is maintained for the whole or part of a day, but less than 24 hours, for the care of 5 or more children who are 18 years of age or younger and who are not related to the owner, operator, or manager thereof, whether the facility is operated with or without compensation for such care and with or without stated educational purposes. This includes residential child care facilities, including community-based residential child care facilities, as defined in rule by the State board, and psychiatric residential treatment facilities as defined in C.R.S. § 25.5-4-103 (19.5) Church. See “Place of Worship.” Colorado Medical Marijuana Code. C.R.S. § 12-43.3-101, et seq., and any regulations promulgated thereunder. Commercial Mineral Deposits. Oil, gas, gravel, and other natural deposits that may be extracted from a property for economic benefit. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 15-32 Slope. Rise versus run ratio for a specified distance. Solar Energy System, Accessory. A device and/or system that has a combined name plate DC rating of less than 15 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, Large. A device and/or system that has a combined name plate DC rating of greater than 500 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 15 25 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. Solid Waste. Any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, air pollution control facility, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial operations, commercial operations, or community activities. Solid waste does not include any solid or dissolved materials in domestic sewage, agricultural wastes, solid, or dissolved materials in irrigation return flows, or industrial discharges that are point sources subject to permits under the provisions of the Colorado Water Quality Control Act, C.R.S., Title 25, Article 8, or materials handled at facilities licensed pursuant to the provisions on Radiation Control Act, C.R.S., Title 25, Article 11,. Solid waste does not include: (a) materials handled at facilities licensed pursuant to the provisions on radiation control in C.R.S., Title 25, Article 11; (b) excluded scrap metal that is being recycled; or (c) shredded circuit boards that are being recycled. Solid Waste Disposal. The storage, treatment, utilization, processing, or final disposal of Solid Wastes. Solid Waste Disposal Site and Facility. The location and/or facility at which the deposit and final treatment of solid wastes occur. Solid Waste Transfer Facility. A facility at which wastes awaiting transportation to a Solid Waste Disposal Site and Facility are transferred from 1 collection vehicle to another. Special District. Quasi-municipal corporation established under State statute to provide public facilities or services. Special Flood Hazard Area. The land in the Floodplain within a community subject to a 1 percent or greater chance of flooding in any given year, i.e., the 100-year Floodplain. Statement of Authority. An instrument executed on behalf of an entity that identifies the name and position of the person authorized to convey, encumber, or otherwise affect title to real property on behalf of the entity. The instrument must comply with the requirements set forth in C.R.S. § 38-30-172(2)(d), and it must be recorded with the County Clerk and Recorder. The County may accept other documentation identified in C.R.S. § 38-30-172 in lieu of a Statement of Authority. Station or Terminal. As it pertains to Article 14, a facility constructed to provide and facilitate passenger access to and from airplanes or a rapid or mass transit system, including areas