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HomeMy WebLinkAbout3.0 Resolution 2021-05■Ill III WhYll Reception#: 950474 02/16/2021 03:57:18 PN Jean Rlberioo 1 of 22 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday the 18`h day of January, 2021, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky _, Commissioner Kevin Batchelder , County Manager Tari Williams Absent , County Attorney Kelly Cave , Assistant County Attorney Jean Alberico (Absent) , Clerk of the Board when thc'following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2021— 05 A RESOLUTION APPROVING A TEXT AMENDMENT PACKAGE TO AMEND ARTICLES 3, 4, 5, 7, 8 AND 15 OF THE LAND USE AND DEVELOPMENT CODE, AS AMENDED, THAT INCLUDED SECTIONS ON SKETCH PLAN PROCEDURES, INDUSTRIAL USE STANDARDS, AGRITOURISM, WINERIES, BREWERIES, AND CIDERIES, AGRICULTURAL PRODUCTS ON-SITE AND OFF-SITE, UPDATES TO CONDOMINIUM REGULATIONS, UPDATES TO AFFORDABLE HOUSING REGULATIONS, AND SMALL CAMPING FACILITIES Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners is authorized to act. B. The Board of County Commissioners is authorized to adopt a zoning plan for the unincorporated area of Garfield County pursuant to the provisions of § 30-28-111 through § 30- 28-116, C.R.S., as amended. Such provisions also authorize the Board of County Commissioners to provide for the approval of amendments to such zoning plan from time to time. C. On the 15'' day of July, 2013 the Board of County Commissioners adopted Resolution No. 2013-46 concerning a zoning plan for the unincorporated areas of the County of Garfield, State of Colorado. D. Sections 30-28-110, 30-28-133, 30-28-133.5, and 30-28-136, C.R.S., as amended, provide for the approval of subdivision plans and plats, and the adoption of,regulations governing such plans and plats by the Board of County Commissioners for the unincorporated ■III Fl"OV1Q T NNIIF1 ARA 11{ WA7014111111 Reception#: 950474 02/16/2021 63:57:18 PM Jean Rlberico 3 2 of 22 Rec Fee:$O.DD Doc Fee:0.00 GPRFIELD COUNTY CO areas of Ciartield county, Colorado. Pursuant to this authority, the Board of County Commissioners may amend such subdivision regulations from time to time. E. Pursuant to Section 4-114 of the Land Use and Development Code, the Director initiated a text amendment to the Land Use and Development Code of 2013, as amended. The text amendments included proposed changes to the following sections: sketch plan procedures, industrial use standards, agritourism, wineries, breweries, and cideries, agricultural products on- site and off-site, updates to condominium regulations, updates to affordable housing regulations, small camping facilities, deviations from dimensional standards, and updates to grading regulations. F. On November 18, 2021, the Garfield County Planning Commission opened a public hearing on the proposed text amendments. The Planning Commission continued the public hearing to December 9, 2020. G. On December 9, 2020, the Garfield County Planning Commission, with a 5-0 vote, recommended to the Board of County Commissioners, that the Board approve the text amendments pursuant to their recommendation. At the public hearing, the Planning Commission removed the updates to grading regulations section from consideration and did not forward that item to the Board of County Commissioners. H. On January 181h, 2021, the Board of County Commissioners opened a public hearing on the proposed text amendments. The Board of County Commissioners closed the public hearing on January 18"', 2021 to make a decision on the proposed text amendments. I. The Board of County Commissioners reviewed each of the text amendments individually and by a majority vote approved the following sections: sketch plan procedures, industrial use standards, agritourism, wineries, breweries, and cideries, agricultural products on- site and off-site, updates to condominium regulations, updates to affordable housing regulations, and small camping facilities. The Board of County Commissioners by a unanimous vote denied the text amendment related to solar energy facilities. Pursuant to a request from Staff, the deviation from dimensional standard section was removed from Board of County Commissioners consideration and was not voted on as part of the text amendment package. J. The Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing, made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting_ 3. That the Code Text Amendment is in compliance with the criteria for approval established in Section 4-114 of the Land Use and Development Code; and 4. That for the above stated and other reasons the proposed Code Text Amendment is 2 ■III PAM* N1,1511, MZ -FM VDZIA 11111 Reception#: 950474 t 02!1612021 03:57:18 PM Jean Rlberico 3 of 22 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Garfield County Land Use and Development Code, and as subsequently amended by this Board, shall be and hereby is amended and said language will be incorporated into the codified Garfield County Land Use and Development Code as shown on the attached Exhibit A. ADOPTED this day of T yLD•COG ATTEST: Sr o • do/ • rk of the Board ORA 2021 GARFIELD COUNTY BOARD OF C01VD4ISSIONERS, GARFIELD Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote* John Martin 6t e - Tom Jankovsky .4 Mike Samson _ ,nut *Votes varied by text amendment section. See Section I of this resolution for a description of the amendments that were approved or denied. 3 VIII I�f��Kf�FJy�tihl��,I��L�k�l'�«'i��L���>dt,l���h X1111 Reception#: 950474 02/16/2021 03:57:18 PM Jean Rlberico 4 of 22 Rec Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY CO W m H Lu N eh a co N ei Mill 1 �111�9�1� ��iFG��i@41'��� IVA UJAGGIK! 1.7111 h,1I Ill Reception#: 950474 02/16/2021 03:57:18 RM Jean Rlberico 5 of 22 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO in N M w 0 0 U F - Z Lu 2 IL ?0 W M G 2 Q w Q8 J Z m 0 V a Liz v. {g et C3 O o dl Qi ti M IL J a J J Q �r1,f a J J J J ,� a 1 • • • J • • • • J -1 • • • • • • • • • d d a J a a J" -1 a a m J J a Q a 10 N d IL d -9 a a EL J IL d CL J J a a� • d d a J a EL CL "2 J IL d d .J _.L a a a J J J .J J -J • J J J , , a IM a Q J J J J J a M J Q a 0 o ca .. °0 U a� N ii CG CL cs s 0 a ro 70 m V)cmrd L7 O U wr y W ca pC `� ;.._• a) N W d .� L Q1 0 �3 cmLU m a ,G d E N _ S a1 E a� --i ❑ a U c� m E"Zm 0Z. 0n a .+ a. c a + T7 0 u g 00 E ,O % .�- C ro Y w al Q) .w ED C W 7 7 p l0 CL a Q w} � m (� 4- z LL' a wo U W C7 J J U LL w 4 Q1 m N a C N a d 3- 2 Ver W + a) w u � > in N M w 0 0 U F - Z Lu 2 IL ?0 W M G 2 Q w Q8 J Z m 0 V a Liz v. {g Reception#: 950474 02116!2021 03:57:18 RM Jean Rlherico 6 of 22 Rec Fee:$0.00 Boa Fee:0.00 GARFIELD COUNTY CO 74 74 a W R �U ii r- 0 d t5 N p N r � O lC0 O � a r r r r r r r g O O O O b 0 c 6 O O O O O O O O O O O O r ti C • V W ti x r ti r h r W W r r r r r r E r L+ E a m a � a E Z •G Vl C 07 N 2) t to W O p c E 0 rn i ita Ea J 0.- 21 o a 0. 0. 0. 0. a J a a a a O42.O L y a u� a 0. n. a 0. a J a a m J 0.J O 7 1i O N ij 2 s J 0. 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JY ■III V�AWIMNAW 11,11 WhPi t:i4l 1f� , �I II Reception#: 950474 02/16/2021 03:57;18 PM Jean Alberico 8 of 22 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Vi C .3 41 IC E, J� N C O � ,�..-- : _ slsi(jeuyRuieldAool� O - CL z'u� ue[d leap;!'ue(hj ,Ja1enn3iseM ` - Cie uo;l n iS si �f d ndnd �a e .i� Id 3 q..� Q I 5 l MCq � Y , �;uawaaa6y s�uau�ann�dwj y- - - �.;uauiaaifd iu2uwdojanaa _ �- _,� leadeiy'.�o;uauialelg,- � ,: I uodaa_uo� umpisnr suluOZq ' F slsi(leud��edwl �i.-`'`•-__=___ - i ueldade�spue7�- 1 Lt! ul�ld a6euie�p pue 6urpeuj �- a _ - -- p"! lleld ails ^ d91k Al!u!71n 1.^ 0p-: sigia;eW uoge!)lid jijad4b- LV M F 0 O a; 'U Cu .0 r ■[II I���NPi�[���F�'��i�l+�u'I���I��l�1f�l�'��MiW�h �I II[ Reception#: 950474 02116!2021 03:57:18 AM Jean Alberica 9 of 22 Rea Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO t iM m 'Cc i C 1 OY ! [ G G p o 4 4 n: W N0. an, a is a Cr z a E°CL $£, Z ) ) } PWOd ° ) I. t ) I d ) Pogcll9nd Rfl i I I ) I ) ) ] ) ] ) ) ) ) " 0 0 0 n 0 0 0� 0 0 p° C3 0 m m m m m m m m a a a ) •. t0 ` � .. O C N Z G N E E CL E °5{� m E E a �a a ar v m a o a o lli • a m U N E go E f O L O Z $ iL a. w E d c t O O C J A a. • IDL C m CO J .J U fA d CC E • o° c_ . I • c 2 e m c u ■ IL � z x ii m IL V. Y 0. LL V 0 [J O U O [11 • N O O 0 CS O V C Y � O' [V O [11 Or� � P'f P7 i�l V 47 .O h ll! 2 u 6 2 lh 9 in u) ■III NFAM1114 ATIK 11'IN IN.L NNI N MA IIIIA 11111 Reception#: 950474 02!16!2021 03:57:18 PM Jean A16erico 10 of 22 Roo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 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., f=inal 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 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: GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE. 6-8 ■I!! Reception#: 950474 02/16/2021 03:57:18 PM Jean Riberica 11 of 22 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY Co a. T44e4zianr4f; 'ssiGn-and4he-Beard- of -Count -commissioners The Sketch Plan shall be reviewed by the Planning Commission and -the alicant may choose to also have a review by the Board of County Commissioners. The comments and recommendations 'from the Board of Counly Cummissioneis and/or the Planning Commission are not bindino and no formai motion from the Board reviewing body is needed to conclude the Sketch Plan process. feserARaeRdatia _ 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 4, 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 5402.E. and the Final Plat in section 5402.F.; C. All taxes applicable to the land have been paid, as certified by the County Treasurer. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5-9 ■III FIFJWK11M0,19 tijMUM�VVIfD'I ilik 11111 Reception#: 950474 02/16/2021 03:57:78PM Jean R16erico 12 of 22 Rec Fee:$O.CC Doc Fee:0.00 GARFIELD COUNTY CO 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 rearrangelreconfigure 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 5-13 ■111EMU RiMi�JA.1111A1,1V,J vvt,,gj�,h 11111 Reception#: 950474 13 of 222Reo3Feec$0.©0 DocaFee10e0M Jen 0cGARFIELD COUNTY Co 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: The Common Interest Community is consistent with zone district regulations, including: meet is b -.I. 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 deigned 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. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 5-14 ■111 MAP Kill WfMEW N nNNMMVIXV& 11111 Reception#' 950474 02116/2021 03:57:18PM Jean Alberico 14 of 22 Rec Fee:$O.00 Doc Fee:0.00 GARFIELD COUNTY CO 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 i st and November 30tH E. PropertV ProperSize A Small Camping Facility is only permitted on a proopq with an area of 40 -acres or greater. 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 400 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). 7-47 ■III RIPIPW9ra4HOVAN1110WAIRUA 11111 Reeeption#: 950474 02/16/2021 03;57:1e PM Jean Alberico 15 of 22 Rec Fee;$0.00 Doc Fee:0.03 GARFIELD COUNTY CO 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. 7-48 ■III 1����19�1 K1��P� � P���'�K4�4R� I��li�f M S� ��wZ�rh ■III Reception#: 950474 02116/2021 03;57:18PM Jean Alberico 16 of 22 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO ARTICLE 8: INCLUSIONARY ZONING FOR HOUSING DIVISION-. 18.101. FINDINGS AND,PU_RPOSE._ 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. r 8-102. APPLICABILITY. These requirements apply to all residential Subdivisions and anplications for Land Use Chan -Cie Permits proposing 15 or more lots, units, or a combination of lots_ and units located within Area 1, shown in Figure 8-1. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 8-1 L ■III FAA" KIMP-MV. POWuWOU MUTA 11111 Reception#: 950474 02/16/2021 03:57:18PM Jean Alberico 17 of 22 Rec Fee:$0,00 Doc Fee:0.00 GARFIELD COUNTY Co Figure 8:1: Map Showing Area 1 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 5-302.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 LANE) USE AND DEVELOPMENT CODE 8-2 ■Ill lir,Qin' &11,W J1I,'&KJ6r.M Iiiii'#,1rJ Reception#: 950474 02116!2021 03:57;18 PN Jean Alhericc 18 or 22 Reo Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO 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. S. 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 Pian 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. '8-301. NUMBER AND UNIT MIX. A. Number of Units Required. In a Subd+visi roiect 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 8-3 1111 RffirrVAMUN140AMMI'll W1ilu' 11111 Reception#: 950474 0211fil2021 03:57:19 PM Jean Aiberico 19 of 22 Rec Fee:$0.00 Dec FeeoD.00 GARFIELD COUNTY CO 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 Tempe Minimum Size Studio 500 1 Spdranm 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 incorne 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 BO% AMI households or less; 2. Category 11. 40% of required units must be in Category 11; 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 11 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 111, 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 l 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 84 mill PORK171 W AA1,41:11111M 1I AR.314,11111 Reception#: 950474 02/1612021 03:57:18 PM Jean Alberico 20 of 22 Rec Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY Co 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, andlor 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 distanre fro These facilities accept products from off-site locations for processing, stora a and distribution-- A-gritourism istribution-- Agritourism An agriculturally based operation or activity at a working farm or ranch, conducted for the enio meet education or active involvement of visitors that adds to economic viability of the agricultural operation. Agritourism activities are accessory to, and direct! supportive of the agricultural use on the property and shall not have significant impacts on the agricultural viability or rural character of neighboring properties including noise impacts generated by the use. 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 GARFIELO COUNTY LAND USE AND DEVELOPMENT CODE 15-4 ■III KF11 M 9113.11IM11 HIh,'t�FiL�i�,�f Reception#: 950474 02/16/2021 03:57:18 PM Jean Rlberica 21 of 22 Rec Fee:$0.00 Doc Fee;0.00 GARFIELD COUNTY CO 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, Al -A30, AR, ARIA, AR/AE, AR/Al-A30, ARIAH, 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.' BrewerylWinerylC[deryIDlstillerv. 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 15-7 ■III KPIP119 UP& FYI MM&trll���ikl�'��hY�rh �I SII Reoeption#: 950474 02116/2021 03:57:18 PM .lean Alberico 22 of 22 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 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 15-8