unified land use resolution · unified land use resolution phase ii: targeted code improvements to...

Unified Land Use Resolution

PHASE II: Targeted Code Improvements to Improve

Efficiency and Reduce Barriers to Economic Development

Articles 1-8 Code Committee Recommendations

9/4/2012 BOCC Presentation

Project Overview and Start Up

•! The Code Committee reviewed the Phase I Working Group/Citizens

Committee recommendations for amendments to the Code

•! Based on the overview of the Phase I Working Group/Citizens

Committee recommendations and initial Phase II Code Committee

comments, the Code Committee established objectives to simplify,

streamline, and create a more user friendly Code to improve efficiency

and reduce barriers to economic development

•! Initial Code Committee observations included:

-! Internal contradictions and unfriendly layout within the Code

-! Expense and a time consuming process cited as major concerns within the

current Code

-! Concerns regarding the “front loading” of application requirements before

an Applicant knows whether their application has a chance to be approved

PHASE II: Targeted Code Improvements to Improve Efficiency and Reduce Barriers to Economic Development

Project Overview and Start Up

•! Identification of three primary areas of work

-! Application requirements for Land Use Change Permits

-! Process for getting Land Use Change Permits approved

-! Contents and Standards of the Code

•! A Code Committee process was established to work through each of

Articles 1-16 numerically

•! To date Articles 1-8 have been reviewed by the Code Committee

•! Code Committee members provided their recommendations for each

Article in written comments and at CC meetings on the first and third

Tuesdays of each month starting in April, 2012


Article 1: General Administration

Code Committee Recommendations

•! Clarification that building permit and land use change permits can be

submitted simultaneously, but LUC permits must be issued first

•! Incorporation of the Vested Property Rights into Article 2 – Land Use

Change Permit as the rights noted in this section directly apply to the

Site Specific Development Plans that are associated with Land Use

Change Permits

•! Clarification of the powers and duties of the Planning Director,

Building Official, and Enforcement Officer

•! The Right to Farm section was revised to more closely reflect the

Right to Farm provisions in the Colorado Revised Statutes


Article 2: Land Use Change Permit


•! Incorporation of Vested Property Rights section that reflects the provisions

in the Colorado Revised Statutes

Article 3: Zoning


•! The primary focus of the Code Committee in Article 3 – Zoning was

on the Use Tables

•! New uses were added to the Use Table and placed in the appropriate

Zone Districts and Use Categories

•! Definitions were created for these new uses


Article 3: Zoning


•! Appropriate Use by Right, Administrative Review, Limited Impact

Review, and Major Impact Review designations were assigned to each

of the new uses

•! The entire Use Table was reviewed to ensure that appropriate Use by

Right, Administrative Review, Limited Impact Review, and Major

Impact Review designations were assigned to each of the existing

allowed uses within each Zone District

•! Accessory Uses were all included in the Use Category for which they

are an Accessory Use

•! For example, Accessory Dwelling Units were moved to the Residential

Uses category


Article 3: Zoning



Article 4:

Application and Review Procedures

Code Committee Recommendations •! Potential outside consultant and referral agency fees should be identified in

the Pre-Application Conference Summary

•! All tables that are reference in multiple locations in the Code should be tabbed in the hard copy documents and hyperlinked in the digital documents

•! Clarification that concurring votes of four members of the Board of Adjustment are required to reverse an Administrative Interpretation of the Code

•! The Application Submittal Requirements Table was revised to include a Wastewater Treatment Plan column

•! Clarification that a waiver of Submission Requirements applies only to that submission and does not set precedent

•! The standards for Erosion and Sediment Control Plans, Landscape Plans, Water Supply Plans, and Traffic Studies should be move to Article 7: Standards

•! Hours of Operation information should be included in the Impact Analysis requirements


Article 4:

Application and Review Procedures



Article 5: Divisions of Land


•! The primary Article 5 focus of the Code Committee is a recommendation to eliminate the Minor and Major Subdivision Exemption processes and create a Minor Subdivision Review process that creates no more than 5 parcels and is subject to an Administrative Review Process

•! This Code Committee recommendation reflects the consideration that Garfield County subdivision activity may be focused on smaller projects for the near future while the economy continues to recover

•! The Minor Subdivision process may also give some relief to ranchers and large property owners who might prefer to subdivide a small number of parcels from their property rather than sell their entire parcel

•! The Review Process and Review Criteria for Minor Subdivision were also established by the Code Committee

•! The Common Review Procedures / Required Notice and Submittal Requirements Tables were revised to include Minor Subdivision


Article 6: Planned Unit Developments


•! The main Article 6 focus of the Code Committee is to provide PUD Article that permits greater flexibility and consequently more creative and imaginative designs for development than possible under conventional zoning and subdivision regulations

•! The PUD Article was also revised to more closely reflect the PUD provisions in the Revised Colorado Statutes

•! A Common Review Procedures and Required Notice Table has been included in Article 6 for Planned Unit Developments


Article 7: Standards


•! The main Article 7 focus of the Code Committee was to streamline the standards in Article 7 to the necessary essentials and incorporate the standards for Water Supply Plans, Traffic Studies, Erosion and Sediment Control Plans and Landscape Plans moved from Article 4

•! The following Standards were refined during the Code Committee Process: -! Sufficient Adequate Legal and Physical

Source of Water -! Access and Roadways -! Agricultural Lands -! Protection of Wetland and Waterbodies* -! Water Quality -! Erosion and Sedimentation -! Areas Subject to Wildfire Hazards -! Areas Subject to Natural Hazards and

Geologic Hazards -! Areas with Archaeological, Paleontological,

or Historical Importance* -! Site Planning and Development Standards -! Building Design* -! Design and Scale of Development* -! Off Street Parking and Loading -! Landscaping -! Roadways -! Trails and Walkways

-! Subdivision Lots -! Fire Protection -! School Land Dedication -! Standards for Traffic Impact Fees -! Conservation Subdivision -! Floodplain Overlay -! Animal Sanctuary -! Riding Stables* -! Kennels -! Manufactured Home Park -! Community Meeting Facility* -! Commercial Use -! Shooting Range -! Arts and Crafts Studio* -! Campground/Recreational Vehicle Park and

Campgrounds -! Industrial Use -! Gravel Extraction -! * Standards that have been eliminated


Article 8: Affordable Housing


•! The Code Committee discussed the need for affordable housing regulation change so that the regulations do not unnecessarily burden existing and future land owners, economic development, and industry within Garfield County

•! The Code Committee recommends the removal of Article 8 Affordable Housing regulations

•! The Code Committee recognizes that future regulations may need to again address affordable housing needs in Garfield County should future residential affordability change in the County


Code Committee/Consultant Next Steps

•! Continue to work through refinements of:

-! Article 9: Pipelines

-! Article 10: Nonconforming Land Use

-! Article 11: Signs

-! Article 12: Enforcement, Violations, Penalties and Appeals

-! Article 13: Financial Guarantees

-! Article 14: Areas and Activities of State Interest

-! Article 16: Definitions

•! Explore opportunities to refine the organizational aspects of the Code after text refinements have been completed

•! Examine refinements to Application Guides that will better inform Land Use Change Applicants of submittal requirements, review processes, and standards that may apply to their Applications

•! Consider standardization of Pre-Application Conference Summaries to reflect a check list of Application submittal requirements, review processes, standards, and fees for each Application

•! Consider additional policy recommendations that are not traditionally codified to reduce barriers to economic development


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