HomeMy WebLinkAbout4.0 Resolution 2011-47.pdfSTATE OF COLORADO
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County of Garfield
1111 rr P KI11.14Mlif i lrIE ++1 `Ierfi!l' Iii Ilh 11 111
Reception #: 807449
08/30/2011 10:38:41 AM Jean Rlbertco
1 of 6 Rea Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
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 22nd of August, 2011, there were present:
John Martin , Commissioner Chairman
Mike Samson , Commissioner (absent)
Tom Jankovsky , Commissioner
Andrew Gorgey , County Attorney
Ed Green , County Manager
Jean Alberico , Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2011- 4 7
A RESOLUTION CONCERNED WITH THE APPROVAL OF A TEXT AMENDMENT
TO AMEND ALL SECTIONS OF THE UNIFIED LAND USE RESOLUTION OF 2008,
AS AMENDED, THAT ADDRESS THE COMPREHENSIVE PLAN
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, was the applicant
for a Text Amendment to amend the Unified Land Use Resolution of 2008, as amended in
regards to references therein to the Comprehensive Plan.
B. On May 18, 2011 the Garfield County Planning and Zoning Commission held a public
hearing and forwarded a recommendation of a 5 -0 vote to deny a proposed text amendment to
the Board of County Commissioners.
C. On August 15, 2011, 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. The hearing was then
continued until August 22, 2011, with direction to staff to provide additional proposed text
amendment language.
D. At the continued hearing the public and interested persons were again given the
opportunity to express their opinions regarding the issuance of the Text Amendment. The Board
of County Commissioners closed the public hearing on August 22, 2011 to make a final decision.
E. The Board of County Commissioners on the basis of substantial competent evidence
produced at the aforementioned hearing, has made the follow ing determinations of fact:
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1. 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.
2. That the proposed text amendment is determined to be in the best interest of the
health, safety, morals, convenience, order, prosperity and welfare of the citizens
of Garfield County.
3. That the application has met the requirements of the Garfield County Unified
Land Use Resolution of 2008, as amended.
4. The proposed text does not conflict with State statutory provisions regulating land
use.
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 by this Board, shall be and hereby is amended and said language will
be incorporated into the codified Garfield County Unified Land Use Resolution as shown on the
attached Exhibit A.
ADOPTED this a2 e2 '2 day of , 2011
AI I EST:
GARFIELD COUNTY BOARD OF
CO ni! IONERS, GARFIELD
CO 4]►M OLORADO
Upon motion duly made and seconded the fo
following vote:
John Martin
Tom Jankovsky
Mike Samson
STATE OF COLORADO )
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County of Garfield )
2
, Aye
, Aye
(absent)
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1111 17.61 11141 11441.111/414TKCIriElett lilli 11 111
Reception #: 807449
08/3012011 10;38:41 AM Joan Rlberiaa
3 of 6 Reo F'ee:$0.00 Doc Fee:0.00 Gf1RFIELD COUNTY CO
I, , County Clerk and ex- officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid„ do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D. 2011.
County Clerk and ex-officio Clerk of the Board of County Commissioners
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A.
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Reception #: 807449
0B13012011 10:3B:41 AM Jean Albertoo
4 of 6 Rec Fee:$0.00 Duo Fee:0.00 GARFIELD COUNTY CO
EXRhii i H
§1 -107A - Implementation of Comprehensive Plan
Except as otherwise provided by law. the Comprehensive Plan serves as a
guide and is advisory regarding land use in Garfield County.
B.
§3 -102D View Protection Overlay
C mprehensive-Plan-.
• -
1.1 - •
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C. §4 -201B4 Rezoning Criteria "Compliance with Comprehensive Plan and Intergovernmental
Agreements"
Conformity. - - , _. . - . The proposed
rezoning is humeral conformance compliance with the Comprehensive Plan and in compliance with any
applicable intergovernmental agreement. -
D. §4- 202A8Sa Criteria for Approval of Amendments to Text of Land Use Code/ Compliance
with Comprehensive Plan and Intergovernmental Agreements
is in compliance consisted with
any applicable intergovernmental agreements
The proposed text amendment
. §4 -402A5 Fiscal Impact Analysis Requirements "Scope of Activities"
F. §5 -406G Garfield County Exemption Criteria/ Compliance with Comprehensive Plan and
Intergovernmental Agreements
G. §6 -101B Conformity
Conformity.
PUD shall be in general conformance with the Comprehensive Plan and in
compliance with any applicable intergovernmental agreement.
ith the Comprehensive Plan and Intergovernmental Agreements
The
H. §6 -101C4 Permitted Uses
Permitted Uses. All uses that are permitted in the underlying zone district where the PUD is located and
any other uses that are in general conformance consistent with the Comprehensive Plan may be permitted
in a PUD.
L §6- 301C4e PUD Written Description
Complianee-General conformance with the Comprehensive Nan.
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08/3012011 10 :38:41 AM Jean Alberzoo
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J. §6- 301C10a PUD Development Guide
Provisions established by the PUD Development Guide shall bcin general conformance comply with
goals-aid-policies-of the Comprehensive Plan and comply with any applicable intergovernmental
agreement.
K. §7 -102 General Approval Standards for Land Use Change Permits/ Compliance with
Comprehensive Plan
The land use change is in general conformance with the
Garfield-County-Comprehensive Plan and complies with any applicable intergoverninental agreement.
§7 -307A8 Roadway Standards/ Comprehensive Plan
municipalities
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§7- 415C2b Standards for Public Sites and Open Space/ Park Dedication
N. §7-501A Standards for Conservation Subdivision Development/ Density
Density. For the purposes of this code, densities proposed in either the Density Neutral Development
Plan or the Increased Density Development Plan shall be determined by the maximum of lots that can
practicably be created within the confines of the minimum lot size of the underlying zone district for a
particular parcel of land as demonstrated in the Yield Plan.
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Cemprehensive -Plan:
O. §7 -602A
In conformance with Article VIII Affordable Housing, Section 8 -102, Applicability, the requirements for
affordable housing shall apply to land use change applications in Garfield County for 15% of the lots
proposed in a development for five (5) or more units
In computing this requirement, any fraction of a unit less than .50 will be rounded down.
P. §7- 602A1a
The affordable housing exemption shall apply to land use change applications in Garfield County for ten
(10) or fewer lots
Q. §7 -703 Standards Within View Protection Overlay
Comprehensi a l- Section 7 -703 [This Section intentionally omitted.1
R. §7 -8151 Additional Standards Applicable to Pipelines/ Reclamation Plan
The proposed reclamation plan shall provide for a reasonable reclamation schedule in light of the specific
surface use and surrounding land uses, and may require recontouring and revegetation of the surface to
pre- disturbance conditions. The Planning Director may also approve a plan for an alternative post
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disturbance reclamation, provided the surface owner and the applicant agree, and the plan is in harmony
with the surrounding land uses.
§8- 101B(1) Affordable Housing/ Purpose/ Implementation of Comprehensive Plan Goals
T. §8- 201A7b Affordable Housing/ Secured by Ratios for Permit Issuance
Secured by Ratios for Permit Issuance. Provisions in the adopted Affordable Housing Agreement which
require that building permits for ten (10) free - market houses may only be issued after a building permit
for one affordable housing unit has been issued.
U. §14 -105A Areas and Activities of State Interests / Interpretation With Comprehensive Plan
Enactments; and Intergovernmental Agreements . Whenever the provisions of
these Regulations are found to be inconsistent with any other resolution, ordinance, code, regulation,
intergovernmental agreement , the enactment imposing the more restrictive
standards or requirements shall control.
§14-303B4 Designation
Conformity with the Comprehensive Plan.
W. §14 -501C4 Submittal Requirements/ Compatibility with Comprehensive Plan
Conformance E with Comprehensive Plan. Evidence that demonstrates that the Proposed
Project is compatible in conformance with the Comprehensive Plan, municipal master plans, and any
other applicable sta€e -ems plans.
X. §14 -601E Consistent Sit Plans
Consistency with Site- Plans. The Proposed Project will be Consistent in conformance consistent with
applicable the Comprehensive Plans, municipal and master plans, and any other applicable plan. will
. §14 -602B1 Site Selection of Transit Facilities
Z. §14 -603B Site Selection for Highways
Site Selection.
Site selection for arterial highways, interchanges and collector highways.
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AA. Article 16 Definition of Comprehensive Plan
Comprehensive Plan. - _ - "- ... - . :. - _ : - . _ . ., . "The master plan adopted by the
Planning Commission and certified to the Board of County Commissioners pursuant to C.R.S. §§ 30 -28-
106, -107, -108 and -109.
AB.. Article 16 Definition of Garfield County Comprehensive Plan