Hinsdale County Planning Commission

Hinsdale County Planning Commission 311 N. Henson Street/ Box 277 Lake City, CO 81235 Ph (970) 944-2225 Fax (970) 944-2630

Zoning & Development Regulations Revisions The Board of County Commissioners Public Hearing on regular meeting Wednesday, August 4, at 10:00am in the Coursey Annex, 311 N. Henson Street, Lake City, Colorado, to receive comments on the proposed adoption of amendments to Sections 8.9, 10.3, 2.6, 2.7, 1.6 & 10.1 of the Hinsdale County Zoning & Development Regulations.

4: Item 1: Revise the definitions to include the attached definitions for “Correction Plat” and “Replat” that were drafted by the Attorneys Office.

8 Item 2: Revise or clarify the special use permit regulations to address the Commissioner’s desires regarding Ponds and water resource work, prospecting and Nordic ski trails

Item 3: Revise Section 1.6-1.2 of the Zoning & Development Regulations to change the word “les” to “less”

10: Item 4: Revise Section 2.7, item D, of the Hinsdale County Zoning & Development Regulations to change to a typographical error changing “dwelling” to “dwellings”.

Item 5: Revise section 10.1-1 of the Zoning & Development Regulations to read as it did in the 1979 Zoning Document

Item 6: Consider the clarification position statement on Minimum Standards for RAD 1& 2.

1 Page 1 Hinsdale County Planning Commission 311 N. Henson Street/ Box 277 Lake City, CO 81235 Ph (970) 944-2225 Fax (970) 944-2630

The Following items were discussed as changes to the Zoning & Development Regulations by the Planning Commission and is now forwarding the Revisions to the Board of County Commissioners to review.

List of Proposed Revisions to the Zoning and Development Regulations as of items 1-8

Item 1: Revise the definitions to include the attached definitions for “Correction Plat” and “Replat” that were drafted by the Attorneys Office.

CORRECTION *RE: October 7, 2008- Proposing to Amend the Zoning & Development Regs.

 8.9-3.A. Entitled, “Submission”, of the Hinsdale County Zoning & Development Regulations is hereby amended by deleting section 8.9-3.A. in its entirety and restating Section 8.9-3.A. to read as follows: Unrevised Section 8.9-3.A

8.9-3.A Submission Subdivider shall submit to the Planning Commission, at least thirty days in advance of a meeting, one copy of a Sketch Plan and supplemental data for a proposed subdivision for the purpose of informal initial review of the concept and general scope of the proposal and determination of its probable acceptability at an early stage in the planning. See Section 8.9-16 for fees. Revised Section 8.9-3.A

The subdivider shall submit to the Planning Commission, at least thirty (30) days in advance of a meeting, one copy of a Sketch Plan and supplemental data for proposed subdivision for the purpose of informal initial review of the concept and general scope of the proposal and determination of its probable acceptability at an early stage in the planning. If the submission is for a Correction Plat or Replat, the subdivider shall also submit the previously recorded plat. See Section 8.9-16 for fees.

*Referenced to the Email from Cliggitt’s email from 10.7.08

2 Page 2  Section 8.9-2.BBB, Entitled “Replat”, of the Hinsdale County Zoning & Development Regulations is hereby amended by deleting Section 8.9-2.BBB in its entirety and restating Section 8.9-2.BBB to read as follows: Unrevised

8.9-2.BBB. Replat

Replatting shall be limited to relocating or extending the streets in a subdivision which were not a part of the original plat or altering facilities provided the subdivision. The written consent of the property owners and from any mortgage or lien holders within the subdivision for such changes must be obtained. See section 12.

Replatting includes the correction of minor surveying errors in the original plat.

Revised 8.9-2.BBB. Correction Plat

A re-recording of a previously approved plat that is intended to correct a technical error in a plat.

 Section 8.9-2.CCC, Entitled “Resubdivision”, of the Hinsdale County Zoning & Development Regulations is hereby amended by deleting Section 8.9-2, CCC in its entirety and restating Section 8.9-2CCC to read as follows:

Unrevised 8.9-2.CCC. Resubdivision

The changing of any existing lot or lots of any subdivision plat previously recorded with the County Clerk and Recorder. Resubdivision will be subject to the entire subdivision regulations.

Revised 8.9-2.CCC. Replat

Any change to a previously approved and recorded final plat that does not fall within the definition for a “Correction Plat”. Replats are subject to the entire subdivision regulations.

3 Page 3  Section 8.9-6.B, Entitled “Resubdivision Procedures”, of the Hinsdale County Zoning & Development Regulations is hereby amended by deleting Section 8.9- 6.B in its entirety and restating Section 8.9-6.B to read as follows:

Unrevised

8.9-6.B. Resubdivision Procedures

Resubdivision of land or changes to a recorded plat shall be considered a subdivision and it shall comply with these subdivision regulations with the following exceptions:

1. Lot lines may be revised from those shown on the recorded plat (without compliance with the subdivision regulations), provided that in making such changes: a. No lot or parcel of land shall be created of sold that is less than the minimum requirements for the area or dimension as established by these regulations or other applicable regulations or ordinances; b. Drainage easements reserved for drainage shall not be changed, unless supported by complete engineering data; c. Street locations and street rights of way shall not be changed; and d. The plat shall not be altered in any way which will adversely affect the character of the plat filed.

2. If it is discovered that there is a minor survey or drafting error in a recorded final plat, the sub-divider shall be required to file the final plat with an affidavit witnessed by the land surveyor, concerning the change which shall be approved by the Board. If, however, the correction of the error results in such major alterations that the corrected plat no longer meets the design standards and criteria of these regulations, then the corrected plat shall require full approval procedures and the recording of a corrected plat.

A copy of all final plat revisions shall be submitted to the Board for its review. Where the Resubdivision complies with the appropriate requirements off these regulations, a record plat indicating the Resubdivision shall be submitted to the Board for its endorsements, prior to the filing of such plat with the County Clerk and Recorder. Such plats shall specifically indicate the revisions being made compared to the previously recorded plat.

The County shall maintain an adequate numbered filing system for all subdivisions including copies of all maps, data, and County actions. It shall also maintain a master location map (or maps) referenced to the filing system, for public use and examination.

4 Page 4 Revised 8.9-6.B. Correction Plat and Replat Procedures

A replat of a subdivision shall be subject to and shall comply with the entire subdivision regulations, except for the following procedures considered to be correction plats:

1. Lot lines may be revised from those shown on the recorded plat, provided that in making such changes: a. No additional lot or parcel is created; b. Easements reserved for drainage are not changed, unless supported by complete engineering data; c. Street locations and street rights of way are not changed; and d. The Plat is not altered in any way which will adversely affect the character of the previously filed plat.

2. If there is a minor survey or drafting error in a recorded final plat, the subdivider shall be required to file the final plat with an affidavit witnessed by the land surveyor concerning the change, which shall be presented to the Board for consideration. If, however, the correction of the error results in such major alterations that the correction plat no longer meets the design standards and criteria of these regulations, then the plat may only be approved after the considerations pursuant to the full subdivision process.

A copy of all final plat revisions shall be submitted to the Board for its review. Where the replat or correction plat complies with the appropriate requirements of these regulations, such plat shall be submitted to the Board for its endorsement prior to the filing of such plat with the County Clerk and Recorder. All replats and correction plats shall specifically state the revisions that were made from the previously recorded plat.

The County shall maintain an adequate numbered filing system for all subdivisions, including copies of all maps, data and County actions. The County shall also maintain a master location map(s) referenced to the filing system for public use and examination.

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Item 2: Revise or clarify the special use permit regulations to address the Commissioner’s desires regarding Ponds and water resource work, prospecting and Nordic ski trails. CORRECTION The County Planning Commission met on April 22, 2010 to discuss and take action on the water resources development issue; and, recommended the removal of the definition of water resources development from Section. 10.3-47 of the Zoning and Development Regulation. This would involve deleting Section “e” entitled Water Resource Development, from Rural Area District 1- RAD, Section 2.6-3 Special Uses by Permit Only from Rural Area District 2 – RAD 2, Section 2.7-2 Special Uses by Permit Only.

This was recommended for removal because the State and Federal Government already regulates jurisdictional water resources and there is no need for regulation of non- jurisdictional water resources.

The following format is used to recommend the following change to Item 2 of the proposed revisions to the Zoning and Development Regulations.

Unrevised Water Resources Development from Section. 10.3-47 Page 10.3 pg 6

10.3-43 Street A channel including the entire dedicated public right-of-way, providing for the pedestrian and vehicular movement of people and goods.

10.3-44 Tent Camping Park See “Resort Mobile Home and/or Tent Camping Park.”

10.3-45 Tourist Dwelling Unit A building designed to be used as a living place, including toilet and kitchen facilities, but not including hotels, motels, clubs, boarding houses or any institution such as an asylum, hospital, or jail where human beings are housed by reason of illness or under legal restraint.

10.3-46 Use by Right A use which is listed as a use permitted by right in any given zone district in these regulations. Uses permitted by right are not required to show need for their location.

10.3-46 Usable Public Open Space Open area designed and developed for uses, including but not limited to, recreation, courts, gardens, parks and walkways. The term shall not include space devoted to streets and parking and loading areas.

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10.3-47 Water Resources Development Includes but is not limited to the following: reservoirs, dams, ponds, ditches, canals, head-gates and hydro-electric generating stations; together with other uses putting water resources to beneficial use, whether public or private.

Historical References: Hinsdale County Zoning Regulations 1979. 95454 07/27/2006 69-75

Revised Water Resources Development from Section. 10.3-47 Page 10.3 pg 7

10.3-43 Street A channel including the entire dedicated public right-of-way, providing for the pedestrian and vehicular movement of people and goods.

10.3-44 Tent Camping Park See “Resort Mobile Home and/or Tent Camping Park.”

10.3-45 Tourist Dwelling Unit A building designed to be used as a living place, including toilet and kitchen facilities, but not including hotels, motels, clubs, boarding houses or any institution such as an asylum, hospital, or jail where human beings are housed by reason of illness or under legal restraint.

10.3-46 Use by Right A use which is listed as a use permitted by right in any given zone district in these regulations. Uses permitted by right are not required to show need for their location.

10.3-46 Usable Public Open Space Open area designed and developed for uses, including but not limited to, recreation, courts, gardens, parks and walkways. The term shall not include space devoted to streets and parking and loading areas.

Historical References: Hinsdale County Zoning Regulations 1979. 95454 07/27/2006 69-75

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Proposed Revision of Section 2.6-3 Rural Area 1 Special Uses by Permit Only:

 Section 2.6-3 Entitled, “Special Uses by Permit Only of the Hinsdale County Zoning & Development Regulations is hereby amended by deleting Section 2.6-3 e. Water Resources Development and restating Section 2.6-3 to read as follows:

Unrevised RAD 1 Special Uses by Permit Only 2.6-3 Section 2.6-3

2.6-3 Special Uses by Permit Only:

a. Wildlife Refuge b. Public Park c. Public Forestry d. Cemeteries e. Water Resource Development f. Multi-family Dwelling g. Public Utilities h. Other Extractive Mining i. Planned Unit Development j. Mobile Home Park (See Section 3.3-3) k. Schools and Churches l. Recreational Vehicle Parks (See Section 3.3-3) m. Hospitals and Medical Facilities n. Airports o. Auto Salvage or Scrap Yards Enclosed by a Ten-Foot Closed Fence

Revised Section 2.6-3

2.6.3 Special Uses by Permit Only:

a. Wildlife Refuge b. Public Park c. Public Forestry d. Cemeteries e. Multi-family Dwelling f. Public Utilities g. Other Extractive Mining h. Planned Unit Development i. Mobile Home Park (See Section 3.3-3) j. Schools and Churches k. Recreational Vehicle Parks (See Section 3.3-3) l. Hospitals and Medical Facilities m. Airports

8 Page 8 n. Auto Salvage or Scrap Yards Enclosed by a Ten-Foot Closed Fence

Proposed Revision of Section 2.7-2 Rural Area 2 Special Uses by Permit Only:

 Section 2.7-2 Entitled, “Special Uses by Permit Only” of the Hinsdale County Zoning & Development Regulations is hereby amended by deleting Section 2.7-2 b. Water Resource Development and restating as revised Section 2.7-2 to read as follows:

Unrevised RAD 2 Special Uses by Permit Only 2.7- 2

2.7-2 Special Uses Allowed by Permit Only: a. Public Utilities b. Water Resource Development c. Recreation Facilities Class A, B, and C (see definitions) d. Agriculture e. Cluster Residences f. Underground Mining, Sand and Gravel and other Extractive Operations g. Retail Business h. Hospital and Medical Facilities i. Airports and Heliports j. PUD

Revised

2.7-2 Special Uses Allowed by Permit Only:

a. Public Utilities b. Recreation Facilities Class A, B, and C (see definitions) c. Agriculture d. Cluster Residences e. Underground Mining, Sand and Gravel and other Extractive Operations f. Retail Business g. Hospital and Medical Facilities h. Airports and Heliports i. PUD

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Item 3: Revise Section 1.6-1.2 of the Zoning & Development Regulations to change the word “les” to “less”

CORRECTION  To correct a typographical only

Sec. 1.6 Minimum Standards (Zoning District Regulations) Unrevised

1.6-1.2 Required Setbacks:

All structures shall be located no les than fifteen feet from any property line. Revised

1.6-1.2 Required Setbacks:

All structures shall be located no less than fifteen feet from any property line.

Item 4: Revise Section 2.7, item D, of the Hinsdale County Zoning & Development Regulations to change to a typographical error changing “dwelling” to “dwellings”.

CORRECTION  Item D changing a typographical error “Dwelling” to “Dwellings”

Revise Sec. 2.7 Rural Area District 2– RAD 2 Unrevised 2.7-1 Uses Allowed By Right: a. Wildlife Preserves b. Public Parks c. Accessory Uses and Structures d. Single-Family Dwelling e. Filling Stations and/or Garages f. Preliminary Mineral Exploration by Core Drilling Only

Historical References: 1979 Zoning Resolution Section 3.8 through 3.11 95454 07/27/2006 68

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Revised Section 2.7 d. Single-Family Dwellings

Item 5: Revise section 10.1-1 of the Zoning & Development Regulations to read as it did in the 1979 Zoning Document

CORRECTION

 Is to amend to correct the following revise 10.1-1 Rules of Language Construction

Unrevised For the purpose of these Regulations and when not inconsistent with the context: 10.1-1.A. Words used in the present tense include the future. 10.1-1.B. Words in the singular do not include the plural.. 10.1-1.C. All words are gender neutral.. 10.1-1.D. The word “shall” is mandatory and not discretionary. 10.1-1.E. The word “may” is permissive. 10.1-1.F. The particular controls the general. 10.1-1.G. Uses listed are intended to be specific and not illustrative.

Historical References: Hinsdale County Zoning Regulations 1979. 95454 07/27/2006 68 Legal References: C.R.S Revised Section 10.1-1 of the Zoning & Development Regulations to read as it did in the 1979 *

Rules of Language Construction For the purpose of these Regulations and when not inconsistent with the context:

10.1-1 a) Words used in the present tense include the future. b) Words in the singular include the plural. c) Words in the plural include the singular. d) The masculine includes the feminine. e) The word “shall” is mandatory and not discretionary. f) The word “may” is permissive. g) The particular controls the general. h) Uses listed are intended to be specific and not illustrative

* Zoning Documents 1979

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Item 6: Consider the clarification position statement on Minimum Standards for RAD 1& 2.

CORRECTION Clarification & Position Statement of RAD 1&2 Minimum Standards of the Hinsdale Zoning & Development Regulations.

Revised Planning Commission Clarification & Position Statement RAD 1 and RAD 2 Minimum Standards Adopted January 27, 2010

The sections concerning minimum standards for RAD1 (1.6-1.5) and RAD2 (1.6-2.3) in the Hinsdale County Zoning and Development regulations are hereby clarified by the Planning Commission to state that the number of primary structures that may be constructed on a single parcel or lot may not exceed that amount that shall comply with the current health and safety standards, setbacks, separations and other requirements of the Hinsdale County Zoning and Development Regulations, state and federal law.”

12 Hinsdale County Planning Commission 311 N. Henson Street/ Box 277 Lake City, CO 81235 Ph (970) 944-2225 Fax (970) 944-2630

The Board of County Commissioners will hold a public hearing during their regular meeting on Wednesday, August 4, 2010 at 10:00am in the Coursey Annex located at 311 North Henson Street, Lake City, Colorado to receive comments on the proposed adoption of amendments to sections 8.9, 2.6, 2.7, 1.6, & 10.1 of the Hinsdale County Zoning & Development Regulations.

Copies of the Proposed Zoning & Development Regulations are available online hinsdalecountycolorado.us or at the County Administration Office, 311 North Henson, Lake City, Colorado or call the office 970-944-2225 or by emailing [email protected]. If anyone is unable to attend the hearing, comment may be sent to the Board of County Commissioners of Hinsdale County at P.O. Box 277, Lake City, CO 81235.

If you have any questions please contact the County Administrator at 970-944-2225