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HomeMy WebLinkAboutExhibit K - Draft BOCC Resolution STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) At a special meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building, in Glenwood Springs on the 7th of May, 2013, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky , Commissioner Frank Hutfless_ , County Attorney Carey Gagnon_____ , Assistant County Attorney Andrew Gorgey_____ , County Manager Jean Alberico ____ __ , Clerk of the Board when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2013-_____ A RESOLUTION APPROVING A TEXT AMENDMENT TO AMEND TO THE UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED (“ULUR”), RESULTING IN THE REPEAL OF THE ULUR AND ADOPTION OF THE GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE (“LUDC”). 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. On the 15th day of October, 2008 the Board of County Commissioners adopted Resolution No. 08-115 concerning a zoning plan for the unincorporated areas of the County of Garfield, State of Colorado. C. 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. 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 areas of Garfield County, Colorado. Pursuant to this authority, the Board of County Commissioners may amend such subdivision regulations from time to time. E. Pursuant to the provisions of § 24-65.1-401 through § 24-65.1-404, C.R.S., as amended, the Board of County Commissioners may adopt regulations governing Areas and Activities of Statewide Interest. F. Pursuant to Section 4-113 of the ULUR, the Board of County Commissioners may initiate a text amendment to the ULUR. G. The purpose of this Resolution is to adopt amendments to the text of the ULUR to the extent set forth in the LUDC (Exhibit A attached hereto). H. The Board of County Commissioners was the applicant for a Text Amendment to amend Articles 1-16 of the ULUR. I. On October 24, 2012, the Garfield County Planning Commission opened a public hearing on the proposed text amendment for Articles 1-8 that was subsequently continued to November 7, 2012, November 8, 2012, November 14, 2012, November 28, 2012, December 12, 2012, January 9, 2013, January 23, 2013, February 13, 2013, February 27, 2013 and March 13, 2013. J. On January 8, 2013, the Garfield County Planning Commission opened a public hearing on the proposed text amendment for Articles 8-16 that was subsequently continued to January 23, 2013, February 13, 2013, February 27, 2013 and March 13, 2013. K. On March 13, 2013, the Garfield County Planning Commission, with a 7-0 vote, certified and recommended to the Board of County Commissioners, that the Board approve the Text Amendment, repeal the ULUR 2008 in its entirety, and adopt the Garfield County Land Use and Development Code. L. On May 7, 2013, the Board of County Commissioners opened a public hearing upon the question of whether the Text Amendment should be approved, approved with changes, or denied at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Text Amendment.   M. The Board of County Commissioners closed the public hearing on May 7, 2013 to make a final decision. N. The Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: That proper notice for the hearings before the Planning Commission and the Board of County Commissioners was provided as required by law, including at least one publication in a newspaper of general circulation in Garfield County. That the hearings before the Planning Commission and Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard. That the proposed Text Amendment is determined to be in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. That the application has met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. The proposed Text Amendment does not conflict with State statutory provisions regulating land use. O. Upon motion duly made and seconded the Board of County Commissioners approved the proposed Text Amendment, approved the repeal of the Unified Land Use Resolution of 2008, as amended and approved the adoption of the Garfield County Land Use and Development Code, by the following vote: John Martin , Aye/Nay Tom Jankovsky , Aye/Nay Mike Samson _, Aye/Nay NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Garfield County Unified Land Use Resolution of 2008, and as subsequently amended is hereby repealed and the Board hereby adopts the Garfield County Land Use and Development Code as shown in the attached Exhibit A. This text amendment will be effective as of May 15, 2013. ADOPTED this _____ day of ________________, 2013 ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO By _______ Clerk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin , Aye/nay Tom Jankovsky , Aye/nay Mike Samson _ , Aye/nay Exhibit A Garfield County Land Use and Development Code