HomeMy WebLinkAbout2.0 Background Information., AUG. 31. 2001 3: 14PM L~AVENWORTH & KARP
CITY OF RIFLE, COLORADO
ORDINANCE NO. 24
SERIES OF 2001
AN ORDINANCE OF TIIE CITY OF RIF.LE. COLORAPO. AMENPING
TITLBS 10. 1_6_A.NP.. l10f THE RIFLE MUNICIPAL CODE PROHIBITING
THE USE OF GROUNPWATER FOR POTABLE PURPOSES WITHIN THE
URANIUM MILL TAILINGS . REMEDIATION PROJECT RIFT R
INSTITUTIONAL CON'IROL BOUNDARY.
WHEREAS, past uranium mining activities m ·the vicinity of the City of Rifle resulted
in a plume of contaminated groundwater, which plume is. shown on the Rifle Institutional
Control Boundary Map; amt ·
WHEREAS, to ensure that contaminated groundwater is not consumed .for potable
purposes, it is necessary for the public health to prohibit such use; and
WHEREAS, the Rifle City Council finds amt cletermin.es that amending the Rifle
Municipal Code to require owners of property within the Rifle Institutional Conttol Boundazy
to connect to the City's potable war.er supply is in the best interest of the citizens of Rifle.
NOW, TimREFORE, THE COUNCIL OF TIIE CITY OF RIFLE, COLORADO,
ORDAINS THAT:
1. The City Council incOiporates the foregoing recitals as firulinp by the City
Council.
2. Amendment. T'rtle 10 of the Rifle Municipal Code is hereby ainended as follows:
10.04.010 Definitions
[in the correct alphabetical order]
"DOB" means the United States Dcprtment ofEnergv.
*. "Rifle Institutional Control Bo'!llldacy" means du: boundary of a geggraphic area in
and adjacem to the Citv of Rifle that ~tdentified: and JDll,PPed by the United States
Ds;>anment of Energy within which lands .l!rC subject to non-potable pollut.ed w»mdwat:q
· *. "Rifle Instirutional Control Boundarv Map" means a map recorded with the Garfield
Countv Clerk and Recorder as Reception No. that de,picts the Rifle
Institutional Control Boundarv and subject lands.
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AUG. 31. 2001 3: 1dP.M L~AVENWORTH & KARP
City of Rifle, Colorado
Oidioance No. 24, Series of 2001
Page 2of6
10.04.050 Service Ontside City-Policy
NO. 089 P. 4/8
It is the policy of the City to decline to extend water service to property lying outside the
corporate limits of the City, .!)XCeot for areas l~_y.rithin the Rifle Institutional Control I
Boundary, unJcss (a) the lack of municipal water creates a real hardship upon the owner I
of the property, (b) the property is capable of being annexed to the City within a
reasonable time, llS determined by the C:ity Council, and (c) the owners, for themselves,
their successors and assig:DS, sign a binding agreement to annex the property to the Ciiy
at such time as it becomes eligible for amiexation. The City expressly reserves the right.
as may be limited by. state or federal law, to impose such conditions as it may see fit
relative to the furnishing of such s~~ and to refuse such service in its discretion:
All provisions of this chapter apply to·those areas outside the corpoxate limits of the City,
except those areas ·covered by a contract which expressly establishes other IU!es for the
area served under the contract.
All of the provisions .of this chapter also.apply to those areas which were located within
the boundaries of the Rifle Village South Metropolitan District Oil June 1, 19887 except
as ellpressly modified by an· agreement between the City and the District incoipOrated iJJ1o
Ordinance No. 1, Series of 1988 and area~_wbii;h_;m lQCated within the Rifle Institutional
~J Boundaey.
10.04.080 Connection Required
The owner of any house or other building occupied for business or residence pmposes,
situated within the City and abutting any street, alley or right-of-way in which there is now
located or may in the future be located a water distribution main of the City, is required
at such owner's expense to crumect such building by means of a service line directly with
the distribution main in accordance with the provisions of this chapter. Further. aw such
owner located within the Rifle Institutional Control Bmmdarv is proln"bited from accessing
uoundwater for potable pumoses or from._c~;mn_~_g_gi::oundwater in anv way to the
mµJiiciJ;ial · water system. The point or points at which comiecti.on . is made to the
distnlllltion main shall be deten:nined by the City Manager.
10.04.090 Connection Requirement -Exception
~ceot for propertv located within the Rifle l!!sti.Mi!.!~l C!mttQLBo~ connection to
the water supply system of the City shall not be required for any property which is smvecl
' by an CltistiJJg well or other water supply system, which system is approved by the
Garfield County Health Department and which system serves said property in substantiaUy
the same manner as it would be served by the water supply system of the City .
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AUG 31. 2001 3: 15PM L:AVENWORTH & KARP
City of Ritl.e, Colorado
Ordinatii:e No. 24. Series of 2001
Page 3 of6
NO. 089 P. ~/8
This section shall apply soltjy to property located outside of the Rifle Institutional Control
Boundary served by an existing wen or other water supply system prior to comiection to
the. water supply system of the City, and sball not be construed to permit any person
already cmmected to the water supply system of the City. whose property may
subsequently be served by a well or other water supply system, to discmmect from the
war.er supply system of the City.
10.04.230
For the pUipOSes of this section, "customer' shall mean the person desiguated on City
records as the person respo!ISl'bl.e for payment of charges incum:d for the "use at his
premises of the wat.eT supply system of the City.
Exceot for prOJ>ertv l~ted within the Rifle Institutional Control Boundarv, t:The Cey shall
disconnect the service line of any premises at the curb strip, upon request of the customer.
***
10.04.530 Unlawful Acts
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It shall. be unlawful for any person to Connect a surface or groundwater Source or I
otherwise create a water connection or cross 91=tion to the municinaJ, water symmi. I
It shall be uDiawful for aey person located within the area identified as the Rifle
ln$titutiom.l Control Bo~o access groundwater for pot.able PllIPOses or in any way
ffi!l!!eGt a groundwater source to the m•micipal water !!Ystem.
3.
follows:
Amendm(jDl. Title 16 of the Rifle Municjpal Code is hereby amended BS
16.06.020 Amendments
.....
(2) Section 106.4.1 entitled "Issuance" is amended to include the following
paragraphs:
A building permit will not be issued in the City of RHle jurisdiction
until all construction drawiilgs, applications, and permit fees are
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AUG.31.2001 3:15PM L'.AVENWORTH & KARP
City of Rifle, Colorado
Ordiaance No. 24, Series of 2001
Page 4 of6
NO. 089 P. 6/8
submitted and approved, including those for plumbilig, and mechanical
portions of the project. AdditionaJ!y. a buil!img permit will not be
issued in the Citv of Rifle jurlsgjction within the Rifle Institutional
Control Bourul_azy_!!WCSS the plans indicate _a connection to tiie Rifle
municipal water svstem with no access to grol!.ndwater for potable
I!!!tilll~ NOtWithstanding the foregoiv.g, a footing and foUlldation
pennit may be issued prior to reception of other permit info~tion if
adequate structural and site plan information: is provided.
16.20.060 Proln'bitio.ns
. *"'*
F. No person sball occupy any new buildilig, factory-built housing unit,
manufactured home or mobile home until sewage disposal facilities, meetiDg the
minimum standards of the Colorado Depariment of Health and the ordina~ of the
City have been installed and have been approved. No person shall occupy any
building, factoxy"built housing unit, mam1factured home or mobile home unless
potable domestic water facilities have been instilled and-have been approved, in
writing, by the City. . .
-0 .-N2 person within the Rifle Institutional f"..ontrol Boundarv and within the Rifle
ll,lµpjcipal limjts shall crinstruct or occupy !ll!Y structure. building. :fuctory built
housing unit. manufactured home or mobile home that requires or utiHzes a water
~without first connecting t.o the Ciw of Rifle potaJ>le.mY!Ueiizal water sysrrm.
16.22.020 WaiYer of Permit Requirements
Except for pronertv within the Rifle Institutional Control Boundary. lfthe Bnilding
Official may waive any perrait requiremeDls contained within this title or tbe codes
adopted by reference thereunder only after a determination is made that the effect of
sucll a waiver is minor and will not affect the health, safety 3JJd welme of the citizem
of the City.
16.22.060 Permits-General Conditions
•••
.12. All structures ""'.i.Jb_in the Rifle Institutional Control Boundary that require izotable
water service shall ®-~I)llcctm to the Citv of Rifle pot.able municipal water system.
"16.22.100 Issuance of Certificate of Occopancy
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AUG.31./001 3:16PM L:AVfNWORTH & KARP
C"Jry of Rifle. Colorado
Ordinnllce No. 24, Series of 2001
Pages of6
NO. 0 89 P. 7/8
In addition to the requiremenrs for the issuance of a certificate of occupancy contained
in the codes adopted by reference in this title, no certificate of occupancy sllall be ·
issued until the following improvements have been installed in the development where
the building or structure is locat.ed and have been approved by the Public Works
Director or his/her designee:
*-**
I. ~within the Rifle Jnstitut:io® ConJrol Boundary. a connection is made
!Q..!be Rifle potable municipal wa!~sy$telll and no access is made to groundwater sources
for potable purposes.
4. Amendment. Title 17 of the Rifle Municipal Code is hereby amended as
follows:
17.01.200 Delini.tiom;
[in the correct alphabetical order]
"DOE" means the United States D!!J?:utlnent of Energy.
•. "Rifle InstitµJiooal Control Boun!lary" means tpe bOJm~a geographic area
in and adiacent_tQ_tb..e.. Ci!Y .. Of Rifle that has been identified and mapped by the United ·
~~ .D..q!artment of Energy within whjch lands are subject ID nQIH)otable polluted
~gw8.1Cr
*· "Rifle Jnstittnional..k_ontrol Boundary Map" means a man recorded with the
Garfield Countv Clerk and Ret:QrdeJ: as Reception No. that depicts
the Rifl~.lP~tR.tiooal Con!rol Boun4arv !!1Jd subject lands.
17.02.140 Pre-annexation Agreements for Property witldn the Rffle
Institutional Control Boundary
Any owner of pron!'1!J!Jb;itreqµests municipal services within the Rifle
Il!§t!WtiOnal Control Bmmdarv, as shown on the Rifle InstitutiO!l§I Con!rol Bon!!!!ary
Map. and Ollt$ide the Rifle municipal limit§. shall enter intn a me-annexation
aereement with the City. which amement shall prohibit the propeny from utilizing
groundwater for potable purposes and require connection to the municipal W!!lc:r
suwly. Any owner of prQperty withip the Rifle Jnstitutiol!l!!.£.ontrol Bougdarv that
enters into a pre-annexation agreement will be elig;il)le to receive water service from the
' Cify when ayajlable.
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AUG.31.7001 3:16PM L:AVENWORTH & KARP
City of Rifle, c.oioxado
Ordimmce No. 24. Series of 2001
Page6 af6
NO. 089 P. 8/8
INTRODUCED on September 5, 2001, read by title, passed on first reading, and
ordered published as required by the Charter.
INTRODUCED a second time at a regular meeting of the Council of the City of
Rifle, Colorado, held on September 19, 2001, passed without amendment, approved, and
ordered published in full as required by the Charter.
Dated this __ day of ______ , 2001.
CITY OF RIFLE, COLORADO
By
ATTEST:
City Clerk
DEC-18-2001 10:39A FROM:BLDGPLANGARCD 9703843470 T0:9P2486403
STATEOFCOLORADO )
)ss
Cowity of Garfield )
At a meeting of the Board of County Commissioners for Gadield County, Colorado, held in the
Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday, the 'if' day of
October,2001, there were present:
_lwn .. bn.._M,,.....artuiwnc-__________ _,, Commissioner Chainnan
__.I .... awTcy'*"""MwcC..._...n~WI!~---------~· Commissioner
_W......,al~tS~twn~w~,.-------,-----_,,Conunissioner
__.DuonwnuDuoe ... F:unuwf,__ __________ _,, Cowity Attorney
__.MlWJllld.u:rP.,.d.._A.._l .. wlwo..._rf,__ _________ _,, Clerk of the Board
__ifo.1.duCluitreen""'"'"--------------.. Cowity Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTJONNO. 2001-72
A RESOLUTION CONCERNED WITH THE APPROVAL OF AWNE DISTRICT AMENDMENT FOR v AN AREA WEST OF RIFLE TO DRJNKING WA~R CONSTRAINr (DWC):
. : :
WHEREAS, the Board of County CornmissiOners of Garfield County proposed to remne the herein
descn'bed property in Garfield County to Drinking Water Constraint (DWC).
WHEREAS, the Board of County Commissioners of Garfield County have heretofore adopted and
enacted a Zoning Resolution for Garfield Cowity, Colorado, including as a part thereof: ccnain :zoning maps
regulating permitted uses upon the lands within Garfield County, Colorado; and
WHEREAS, sections 30-28-109 through 30-28-116 C.R.S .. as amended, provide for the approval Qf
all zoning plans and the adoption and amcodmcnt of regulations and resolutions to implement such :zoning
plans by the Board of Cowity Commissioners of a given county; and
WHEREAS, the Comity has given notice of public hearing upon such application by publication in a
newspaper of general circulation in Garfield County and provided notice of said hearing to all property ownm
adjacent to said property subject to the :zone dWict amendment, and such hearing having been held on
September 17, 2001, which was continued to September 24, 2001 and this Board having given 1illl
consideration to the evidence; and '
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DEC-18-2001 10:40A FROM:BLDGPLANGARCO 9703843470
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T0:9P2486403
--../ WHEREAS, based upon the evidence, testimony, exlullits, review of the Comprehcnfilve Plan for the
unincorporated area of the County, recommendation :from the Garfield County Planning Commission,
comments of the Garfield Cowrty Planning Department, comments of public officials and agencies and
comments :from all interested parties in connection with said application, this Board makes the following
findings in respect thereto, to-wit:
1. That all appliatble regulations regarding a Z.One Imtrict Amendment have been complied with
including, but not limited to, Section 10.00 of the Garfield County Z.Oning Resolutionofl978,
as amended.
2. That proper publication and public notice was provided as required by law for the hearing
before the Board of County Commismoners.
3. That the public heariqg liefore the Board of County Commissioners was extensive and
complete, that all pertinent fiicts, matters and issues were submitted and that all interested
parties were heard at the meeting.
NOW, TIIEREFORE, BE IT RESOL vEo, by the Board of County Commissioners of Garfield
County, Colorado, that the following .described area and the property included therein, be remned Drinking
Water Constraint (DWC). .
\....,t LEGAL DESCRIPTION
All of that property located north of the northern bank of the Colorado River located in the S 112 of
Section 18, T. 6 S., R 93 W.; and the Sl/2 of Section 13; the El/2 SEl/4; SWl/4 SEI/4, SE1/4SW1/4
of Section 14; the SEl/4NE1/4, SEl/4, El/2 SWl/4 ofSection22; Nl/2 of Section 23 and the NWl/4 of . . ..
Section 24, T. 6 S., R 94 W. of the 6 P. M.. . .
Datedtbis~dayof {Ja:fi'k1i) ,A.D.2001.
AlTEST: GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
DEC-.18-2001 10:40R FRDM:SLDGPLRNGRRCO 9703843470
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Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
STATEOFCOLORADO )
)ss
Cowity of Garfield )
I, County Clerk and eic;-officio Clerk of the Board of County
Commissioners, in and for the Cowlfy and State aforesaid, do hereby certify that the armi=d and foregoing
Resolution is truly copied from the Records of the PrOceeding of the Board of County Commissioners fur said
Garfield County, now in my office.
I ;'(
IN Wl1NESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, ut
Glenwood Springs, this_dayof A.D. 2001.
County Clerk and eic;-ofticio Clerk of the Board of County ColJllllissioDeIS
. '
DEC-18-2001 10:361'1 FROM:8LDGPLANGARCD 9703843470
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<:TA TE OF COLORADO)
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County of Garfield
)ss
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T0:9P2486403
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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 81h of October,
2001,
there were present:
__.J.,.o..,h.,,n_.,M,.,art..._.,in.._ ___________ _.. Commissioner Chairman
~L~a~l!Y.!.'-'M"""c~C~o~wn,.._ __________ _..Commissioner
_W.!!.!!al!!.lt..;;S!!!to~w~e!<.-___________ _, Commissioner
~D~on""""D"'e'-'Fo..,rd~------------'' County Attorney
__,M!!.!.!!i!d.,.re<l~,.,Al.,.sd""o..,rf.._ _________ _,, Clerk of the Board
-!E.,.dwG>!lreen~l!.------------~· County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. • 2001-7 3
A RESOLUTION CONCERNED WITH AMENDING lHE GARFIELD COUNTY ZONING RESOLUTION OF
1978 BY THE ADDITION OF SECTION 3.14, DRINI<ING WATER CONSTRAINT (DWC) ZONE DISTRICT.
\......I WHEREAS, on the 2nd day of January, 1979, the Board of County Commissioners of Garfield County,
Colorado, adopted Resolution No. 79-1 concerning a Zoning Resolution for the County of Garfield, State of
Colorado; and
WHEREAS, the Board is authorized by the provisions of Sections 30-28-109 through 30-28-116, C.R.S.
1973, as amended, to provide for the approval of amendments to such Zoning Resolution, and the Board has so
amended the said Resolution; and
WHEREAS, on December 16, 1991, the Board adopted a codified versiQn ofthe Garfield County Zoning
Resolution of 1978 and all subsequent amendments; and
WHEREAS, on September 14, 2001, the Garfield County Planning Commission recommended approval of
the proposed text amendment;
WHEREAS, a public hearing was held on the 1,m day of September 2001 and continued to the 24111 day of
September, 2001, before the Board of County Commissioners of Garfield County, Colorado, at the
Commissioners meeting room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs,
Colorado, as to which hearing, public notice was given in accordance with requirements of Section 10 of the
Garfield County Zoning Resolution;·
WHEREAS, the Board on the basis of evidence produced at the aforementioned hearing has made the
following detennination offilct:
I. That an application for a zone district text amendment was made consistent with the
DEC-18-2001 10:37A FRDM:BLDGPL~NGARCO 9703843470 T0:9P2486403
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' requirements of Section 10.00 of the Garfield County Zoning Resolution of 1978, as
amended;
2. That the Board of County Commissioners is authorized by the provisions of Section 30-28-
116, C.R.S. 1973, as amended, to provide for the approval of amendments to the Garfield
County Zoning Resolution;
3. That the public 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 the hearing;
4. That the Garfield County Planning Commission has reviewed the proposed zone district text
amendment and made a recommendation as required by Section 10.04 of the Garfield County
Zoning Resolution of 1978, as amended;
5. That the proposed text amendment are in the best interest of the health, safety, morals,
convenience, order, prosperity and welfare of the citiuns of Garfield County.
NOW, THEREFORE, BE. IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that the Garfield County Zoning Resolution, adopted on the 2nd day of January, 1979,
and identified as its Resolution No. 79-1, as subsequently amended by this Board, shall be and hereby m
amended and said language will be incorporated into the codified Garfield County ZoningResolutionadopted
by the Board on December 16, 1991 as follows:
\..J 3.14
3.14.01
3.14.02
Drinking Water Constraint Zone (DWC)
Uses. by right: :
Agricuhural, including :limn, garden, greenhouse, nursery, orchard, ranch, small animal
farm for production of pouhry, fish, fur-bearing and other small animals, and customary
accessory uses including buildings for sheher and enclosure of persons, animals or
property employed in any of the above uses; retail establishment for sale of goods
processed from raw materials produced on the Jot;
· Buildings for sheher and enclosure of persons employed in any of the uses by right,
kennel, riding stable and veterinary clinic, guiding and outfitting;
Manufuctured home as the principal use of the Jot meeting standards contained in Section
5.03.01(2);
Single-family dwelling; customary accessory uses only where it is accessory to the uses
listed above. ·
Uses. i:onditiona!:
Aircraft landing strip, airport-utility, salvage yard, sanitary landfill and storage,
Home occupation
DEC-18-2001 10:3BR FROM:BLDGA_RNGRRCO 9703843470 T0:9P2486403 P:7'11
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3.14.03 Uses. $J!CCial:
3.14.04
3.14.05
3.14.06
Pumping facilities, electrical distribution , water impoundments, access routes, utility lines,
pipelines;
Camper park, agriculture-related business, resort, airport -air carrier, plant for fabrication
of goods from processed natural resources; material handling, warehouse facilities/staging
areas, fabrication areas, storage areas; extraction, processing; public gatherings;
commercial park; recreational support fucilities; guest houses.
Minimum Lot Area: Two (2) acres.
Maximum Residential Lot Coverage: fifteen percent (15%).
Mjnimum Setback: (Unless otherwise permitted by special use permit.)
(1) Front yard: {a) arterial streets: seventy-five (75) feet from centerline or fifty (50)
feet from lot line, whichever is greater;· (b) local streets: fifty (50) ·feet from street
centerline or twenty-five (25) feet from front lot line, whichever is greater;
(2) Rear yard: twenty-five (25) feet from rear lot line;
(3) Side yard: ten (10) feet from side lot line, or one-half(l/2) the building heigltt,
whichever is greater.
3.14.07 Maximum Height ofBuildings: Forty (40) feet. (Unless otherwise permitted by special
\..._.., use permit.)
3.14.08 Additional Requirements: All uses shall be subject to the provisions of Section 5
(Supplementary Regulations).
All of the uses listed a use by right, conditional use or special use, will be allowed
provided any use that includes the human consumption of ground water, Sba1I have an
approved domestic water supply. An approved domestic water supply shall be either an
approved community water system as defined by the Colorado Department ofHealth and
Environment, Drinking Water Standards or :from a ground water source on the property
that is treated by a reverse osmosis water treatment system that meets the water quality
standards promulgated under the criteria cited in CRS § 25-8-204 (1) &. {2).
Dated this 8th day of October, 2001,
ATTEST: GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIEIDCOUNTY,
COL0•1Vj.J;K7'-...,
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DEC-18-2001 10:38A FROM:BLDGPLANGRRCO 9703843470 T0:9P2486403
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Upon motion duly made and seconded the furegoing Resolution was adopted by the following vote:
COMMISSIONER CH!\IRM!\N JOHN F. HARTIN
COMMISSIONER WALTER A. STOWE
COMMISSIONER LARRY L. MCCOWN
STATE OF COLORADO )
)ss
County of Garfield )
,Aye
Aye
Aye
I, County Clerk and ex-officio Clerk of the Board of County
Commissioners, in and for the Count)' and State aforesaid, do hereby certify that the annexed and foregoing
Resolution is truly c0pied 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 ofsaid County, at
Glenwood Springs, this __ day of A.D. 2001.
County Clerk and ex-officio Clerk of the Board of County Commissioners
JAN-18-2002 02:53P FROM:BLOGPLANGARCO 9703843470
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l of 4 R 0.00 D 0.00 GARFIELD COUNTY CO
STATE OF COLORADO)
)SS
County of Garfield . )
T0:9P1P970P2486403PPPP2 P:2'5
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 17t11 of
December, 2001, there were present:
__,J..,,o..,hn.....,M,.,art"'. ,...in.._._ __________ _, Commissioner Chairman
~La=rry..,.__.M=cC=o=wn=------""'-------'' Commissioner
_W ....... al.._t_..S'"'to"'w_,_,e.__ ___________ _,. Commissioner
~Do~n~De=F~o=r=d ____________ , County Attorney
~M=ildre=d~A~lsd=o=rf..__ _________ __, Clerk of the Board
_.,E.,,d'""G"'re""'e=n..___-'-------------' County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2001-99
A RESOLUTION CONCERNED WITH AMENDING THE GARFIELD COUN1YZONING RESOUmON OF
1978 BY THE ADDITION OF SECTION3.I S, COMMERCIAL DRINKING WATER CONSTRAINT (CDWC)
ZONE DISTRICT.
WHEREAS, on the 2nd day of Januaiy, 1979, the Board of County Commissioners of Garfield County,
Colorado, adopted Resolution No. 79-1 concerning a Zoning Resolution for the County of Garfield,· State of
Colorado; and
WHEREAS, the Board is authorized by the provisions of Sections 30-28-109 through 30-28-116, C.R.S.
1973, as amended, to provide for the approval of amendments to such Zoning Resoluti<m, and the Board has so
amended the said. Resolution; and
WHEREAS, on December I 6, I 991, the Board adopted a codified version of the Garfield County Zoning
Resolution of 1978 and all subsequent amendments; and
WHEREAS, on October I 0, 2001, the Garfield County Planning Commission recommended approval of the
proposed text amendment;
WHEREAS, a public hearing was held on the 29"' day of October 2001, before the Board of County
Commissioners of Garfield County, Colorado, at the Commissioncrs·meeting room, Suite 301, Garfield County
Courthouse, I 09 8th Street, Glenwood Springs, Colorado, as to which hearing, public notice was given in
accordance, with requirements of Section 10 of the Garfield County Zoning Resolution;
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WHEREAS, the Board on the basis of evidence produced at the aforementioned hearing has made the
following determination offilct:
1. That an application for a zone district text amendment was made consistent with the
requirements of Section 10.00 of the Garfield County Zoning Resolution of 1978, as
amended;
2. That the Board of County Commissioners is authorized by the provisions of Section 30-28-
116, C.R.S. 1973, as amended, to provide for the approval of amendments to the Garfield
County Zoning Resolution; •
3. That the public hearing before the Board of County Commissioners was extensive and
complete, that all pertinent filcts, matters and issues were submitted and that all interested
parties were heard at the hearing;
4. That the Garfield County Planning Commission has reviewed the proposed zone district text
amendment and made a recommendation as required by Section I 0.04 of the Garfield County
Zoning Resolution of 1978, as amended;
S. That the proposed text amendment are in the best interest of the health, safi:ty, morals,
convenience, order, prosperity and welfilre of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commi$ioners of Garfield
County, Colorado, that the Garfield County Zoning Resolution, adopted on the 2nd day of January, 1979,
and identified as its Resolution No. 79-1, as subsequently amended by this Board, shall be and hereby is
amended and said language will be incorporated into the codified Garfield County Zoning Resolution adopted
by the Board on December 16, 1991 as fullows:
3.15
3.15.01
3.15.02
3.15.03
CDWC -COMMERCIAL DRINKING WAIER CONSIRAINJ ZONE
Uses. by right: Any use, by right, of the C/L district subject to all conditions listed
thereunder;
General service establishment including lumberyard, motor freight depot and storage.
Uses. conditional: Any conditional use of the C/L district subject t9 all conditions
listed thereunder;
Plant for fabrication of goods from processed nat11ral resources.
Uses, specja!: Any special use of the C/L district subject to all conditions listed
thereunder;
Plant for processing natural resources and agricultural materials into food and
·beverages; communication mcility, cm:rection facility. (97-60}
Salvage yard, water impoundments, automobile racetrack and material handling;
recreation support filcilities.
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3.15.07
3.15.08
3.15.09
Minimum Lot Area: Seven thousand five hundred (7,500) square feet and as filrther
provided under Supplementary Regulations.
Maximum Lot Coverage: Seventy-five percent (75%), except for commercial uses
which shaU be eighty-five percent (85%).
The County Commissioners may ·require adequate screening of all parking and
roadway areas in commercial uses from adjoining residential uses and public streets. A
maximum often percent (IOOA>) of the total parking and roadways areas may be
required to be devoted exclusively to landscaping of trees, shrubs, and ground cover
to reduce visual impacts. (A. 81-99)
Minimum Setback:
(I) Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty
(50) feet from front Jot Ione, whichever is greater; (b) local streets: fifty (50) feet
from street centerline or twenty-five (25) feet from front Jot line, whichever is
greater;
(2) Rear yard: Twenty-five (25) feet from rear lot lirie for lots occupied by residential
uses; seven and one-half(7.5) feet for lots with no residential occupancy;
(3) Side yard: Ten (I 0) feet from side lot line or one-half (112) the height of the
principal building, whichever is greater.
Maximum Height of Building: Thirty-five (35) feet.
Maximum Floor Area Ratio: 0.50/1.0 and as further provided under Supplementary
Regulations.
Additional Requirements: All uses shallbe subject to the provisions under
Section
5 (Supplementary Regulations).
All of the. uses listed a use by right, conditional use or special use, will be allowed
provided any use that includes the human consumption of ground water, shall have an
· approved domestic water supply. An approved domestic water supply shall be either
an approved community water system as defined by the Colorado Department of
Health and Environment, Drinking Water Standards or from a ground water source
on the property that is treated by a reverse osmosis water treatment system that meets
the water quality standards promulgated under the criteria cited in CRS § 25-8-204
(!) & (2).
Dated this 17th Day of December, A.O. 2001.
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!9382! 12/18/2001 10:3 ,81312 P492 ~ ALSDORF
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ATTEST: GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORAOO
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COMMISSIONER WALTER A. STOWE A ~...,..,...,....,.,,...."""....,,....... ..... ,....,...,.-==,,.,,....,,..----------~ ye COMMISSIONER LARRY L. MCCOWN A ~------~------------.,.------' ye
STATEOFCOLORADO )
)ss
County of Garfield )
I, County Clerk and ex-officio Clerk of the Board of County
Commissioners, in and for the County and State afuresaid, do hereby certify that the annexed and furegoing
Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners fur·.
said Garfield County, now in my office.
lN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at
Glenwood Springs, this-._ day of A.D. 2001;
County Clerk and ex-officio Clerk of the Board of County Commissioners