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HomeMy WebLinkAbout4.0 Resolution 2010-34tlll Hrr ililrlLT,H[,lll( !ilr, lil[[# f t'llf ll['ll']L llt'[ rl lt I i."4"1".?:3,::f i3"ffi 38".'r::,81ffi 'a;QcouNryco STATE OF COLORADO County of Garheld At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners'MJting Room, Garfield County Courthouse, in Glenwood Springs on Monday the 19fi of April, 2010, there were present: John Martin , Commissioner Chairman Mike Sams.on ' Commissioner Trdsi Houpt , Commissioner DeUorrtr e"ir" , Assistant County Attorney i.- atU"ti"o - , Clerk of the Board Ed Green , CountY Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2OIO-34 A RESOLUTION CONCERNED WITH THE APPROVAL OF'A TEXT AMENDMENT TO AMEND THE TEXT OF $3-301I, $3-301 J, AI\iD $7-S2s A. 1. b- oF THE UMFIED LAI{D USE RESOLUTION OF 2008, AS AMENDED, TO ALLOW FOR TENCES WITHIN THE X'RONT YARD TO BE A MAXIMUM HEIGHT OF EIGIIT FEET (8'). PARCEL ilO# N/A Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a Text Amendment application from Rocky Mountain Hotshots and Transportation, Inc. to Amend the Text of Article III, Sections 3-301 I and 3-301 J and Article VII, Section 7'825 A- 1- b. of the Lard Use Resolution of 2008, as amended. B. On February 24,2OIA, by a vote of 4-2, the Garfield County Planning and Zoning Commission forwarded a recorrmendation of approval to the Board of County Commissioners. C. On April 19, 2010, the Board of County Commissioners opened a public hearing upon the question of whether the Text Amendment should be approved, approved with changes, or denied at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Text Amendment- D. The Board of County Commissioners closed the public hearing on April 19, 2010 to make a final decision. E. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the foltowing determinations of fact: I ) )ss ) #*r.uj -_\_ ?tsEbi r I Il til1 I il r I LI, U U, H [, Fl rr. I t I Il{ f I *rr,' I lt'I [i t, lli, t I I I I IReceptionS: 786192 03l16l2@1@ '12:42:23 Pl1 Jean Albcrico2 of 5 Rec Fee:$o O0 Doc F6e:@.o0 GAR ReceptionS: 786192 ',;il{l'F!zlz;iAJi,FB""'r::,8iffi 'unf couNTyco IL That theYeanngs belore the Planning Commissfn and Board of County Commissioners ;as extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard. Z. That the proposed text amendment can be 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. Such use does not create any more hazards to or alteration of the natural environment than the minimum amount normally resulting from the other uses permitted in the District to which it is added. Such use does not create any more offensive noise, vibration, dust, heat smoke, odor, glare or other objectionable influences or more trafiic hazards than the minimum amount normally resulting from the other uses permitted in the district to which it is added. 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 identifred as its Resolution No.08-115, as subsequently amended by this Board" shall be and hereby is amended and said language will be incorporated into the codified Garfield County Unifi;d Land Use Resoiution adopted on October 13th, 2008 as shown on the attached Exhibit A: 5. 6. AD9pTEDtti, l?& auyrr y ,2olo -e,m? fY1 of the Board Upon motion duly made and seconded the foreldifrg GARFIELD COLINTY BOARD OF COMMIS SIONERS, GARFTELD COUNTY, COLORADO followingvote: adopted by the ATTEST: Receotion$: 786192 aatltil2@10 12:42 23 Plri{t lEit)olo 12,42 23 Pn Jaan Albericol";i"s-i; rE.,io so ooc ree,oJ^ffiiJrr#lri.-,treTr6si Houpt , NaY Mike Samson , Aye STATE OF COLORADO County of Garfield l, , County Clerk and ex-ofEcio Clerk of the Board of County Commissio"".r, in *d for th" C*ty and State aforesaid, do hereby certifu that the *.,"*id 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' 2010- County Clerk and ex-officio Clerk of the Board of County Commissioners ) )ss ) Illl lll rl Illl Iltll llll lrlllr lrllr-lrI I lrllll lll ltll r rl rrl Receotionfi: 7AGl92 ost'ltit2@1A 12,42:21 Pt Jean nlbe.ico ,4 of 5 Rec Faa:$0.@0 Doc Feer@.00 GARFIE -XIIIBIT A S3-301 General Use Restrictions I@tureinRequiredYards:(ExccptasprovidedinthefollowingSection (J), "Accessory Structures - Agricultural and Commercial General Properry", which applies to tt " R*ut, RL (Gentle Slopes / Valley Floor), and DWC zone districts), CG a fence, hedge or wall may be located in anyrequired yard provided that no such installation shall exceed eight (8) feet in height in a required side yard or rear yard, nor shall any such structure exceed three (3) feet in height in any required front yard. (Reso 2009-53) J. Accessory Structures - Agricuttural and Commercial General Property: a fence, hedge, or wall may be located in any required yard of the Rural, RL (Gentle Slopes / Valley Floor), Commercial General, and DWC zone districts provided that no such installation shall exceed eight (8) feet in height and shall meet sight triangulation standards. A fence taller than eight feeimay be approved by the Board of County Commissioners by obtaining a Limited impact Review Permii if shown to demonstrate that said structures comply with the following standards. For purposes of implementing this provision, the term "Agricultural Land" as set forth within C.R.S. $ 39-l-102(1.6)(a)[V). (Reso 2009-53) (l) Said Accessory Structure(s) is required to maintain the agricultural or commercial use contemplated or existingwithin the property; (2) Said Accessory Structure(s) does not in any manner adversely impact the operation of any adjacent public right-of-way or roads; (3) Said Accessory Structure(s) does not adversely impact the natural lighting or visual corridor of adjacent properties ; and (4) Said Accessory Structure(s) shall not obstruct critical tralfic areos along roadways. $7-825 Accessor.v Building or Structure A. General Requirements. 1. Location in Rear Yard Setback- An accessory building or structure may be located within the required rear yard setback provided the following requirements are met. i. Setbacks. The accessory building meets the following setbacks. (1) Minimum setback from rear lot line not adjacent to an alley @ Minimum setback from rear lot line adjacent to'an alley 4 7 Yz' 10' #-r- Height of Fences and Hedge, ioQyu.as (1) Al[ lots not zoned R, RLGS, or CG Front Yard Side and Rear Yard 8' (2) Lots zoned R, CG, or RLGS AII Yards 8', unless a higher height is approved by Limited lmpact Review. J : --1 =3fl+ r{d -o{H]= 3Efl {o l= .33! a6i J .;, =!i-JeiE*Ed{9.8 =aol!-frH$; :-.N@#t;: --.IE#t'tI.E 33= -o;"I E6o