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ReceetionH | 779125
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STATE OF COLORADO
County of Garfield
John Martin
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At a regular meeting of the Board of Cormty Commissioners for Garfield County, Colorado, held
in the Commissioners'MeJting Room, Garfield County Courthouse, in Glenwood Springs on Monday
the 7ft of Decembe4}A}g,there were present:
Commissioner Chairman
Mike Samson Commissioner
-
Trdsi Houpt . Commissioner
Deborah Ouinn . Assistant County Att'omey
jian Alberico - Clerk of the Board
Ed Green (absent). County Manager
wben the following proceedings, among others were had and done, to-wit:
RESOLTnION NO. 2oae-87
A RESOLI.ITION CONCERNED WITH TIIE APPROVAL OF A TEXT AMENDMENT
TO AMEI{D TEE TEXT OF ARTICLE 7 A}ID ARTICLE 8 OF THE TINIFIED LAIVD
usE RESOLUTION OF 2008, AS AMENDED, REGARDING ADDING A NEW
SECTTON TO ARTTCLE 7, SECTION T4O2AFFORDABLE TIOUSTNG EXEMPTION
STANDARDS AND MODIFYING SECTION &I02, APPLICABILITY
PARCEL I{O#N/A
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received a Text
Amendment application from Nieslanik Investrnents, LLC and The Cecilia Nieslanik Bypass
Trust, to Amend the Text of Article 7 of the Land Use Resolution of 2008.
C. On October 14, 2OOg the Garfield County Planning and Zoning Commission
forwarded a recommendation of approval with changes by a vote of 7-0 to the Board of County
Commi5s[sasrs.
D. On December 7, 2009, the Board of County Commissioners opened a public hearing
upon the question of whether the Text Amendment should be approved, approved with changes,
oi d"ri.d^"t which hearing the public and interested p€rsons were given the opportunity to
express their opinions regarding the issuance of said Te)d Amendment.
E. The Board of County Commissioners closed the public hearing on December 7,2409
to make a final decision.
F. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
l.That the hearings before the Planning Commission and Board of County
f,6mmissioners was extensive and complete, that all pertinent facts, matters
and issues were submitted and tllat all interested parties were heard.
That the application has met the public notice and public hearing requirements
of the Garfield County Unified Land Use Resolution of 2008, as amended'
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-
The proposed tgxt amendment is consistent with appticable standards of 0re
unified-Land use Resolution of 2008, as amendd and complies with the
Garfietd Cormt Comprehensive PIan of 2000, as amended'
The proposed text rmendment does not conflict with State statutory provisions
regulating land use.
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Receotion*: 779125
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NOW, THEREFORE, BE IT RESOLVED by the Board of county commissioners of
Garfield county, colorado, that the Garfield county i-l"in.a Land Use Resolution of 2008' and
identified as its Resolution No. 08-115, as subsequently amended by this 89"4 shall be and
hereby is arnended as shown on the attached Exhitit Aand said language witl be incorporated
into the codified Garfield County Unified Land Use Resolution uaopt"d oi O"toUtt 136' 2008:
ADOPTED tt i, / Y& a ay rf -)ecp,-*'L,-- ,2BOg
GARFIELD COTINTY BOARD OF
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ATTEST:TONERS, GARFIELD
COLORADO
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Upon motion duJy made and seconded the foregoing Resolufion was adopted by the
following vote:
Mike Samson , Aye
Tr6si Houot ., Aye
John Martin .Aye
STATE OF COLORADO
County of Garfield
I, , County Clerk and ex-officio Clerk of the Board of
County Com-issio;"W and State aforesaid do hereby certify that the
annexed and foregoing Resolution is tnrly 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.2009.
County Clerk and ex-officio Clerk of the Board of County Commissioners
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EXIIIBIT A
Text Amendment-TXPT{0 I I
ARTICLE YII STANDARI}S
Seetion 7402 Allordahle Housing Standards/Rural Land Development Exemption
A. In conforrnance with Article YLII Affordable Housing, Section 8-102, Applicabiliry, 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 Comprehensive Plan Areas One (l) thnr Five (5). In computing this requiremenf any
fraction of a unit above .50 will be rounded up and any fraction of a unit less than -50 will
be rounded down.
l- Rural Land Development Exemption land use change applications shall be exempt
from the County's affiundable housing requirements based on meeting or exceeding
the standards outlined in Section 7-601 Rural t and Development Exemptions
Standards and the following additional standards:
a. The affordable Housing Exemption shall apply to land use change
applications in Garfield County for ten (10) or fewer Iots in Comprehensive
Plan Areas One (1) thru Five (5);
b. The Rural l-and Developme,rat Exemption may be used to cr.eate a cluster
suMivision development on a parcel of land 105 acres or more in any
unincorporated area of the CountY;
c. Eighty (80) percent of the parcel shall be preserved for forty (40) years or
greater as contiguous open space to be used as wiidlife habitat, grazing land,
critical natural ateas, agriculture, or similar uses;
d. The residential density shall not exceed (l) residential unit for every thirly-
five (35) acres plus one (1) lot for every one hundred (100) acres contained in
the eligibte property without an additional bonus lot.
ARTICLE VIU AX'FORDABLE HOUSING
Section E-102 Applicability. These requirements for affordable housing shall apply to all land
use change applications in GarEeld County, such that l5Y" of the lots proposed in the
development shall be devetoped with atrordable housing units. This regulation shall apply to
developments proposing five (5) or more lots in Garfield County except as modified in Section
7-6A2, ffirdoble Housing Standards/Rural Land Development Exemption. ln computing this
requiremen! any fraction of a unit lot above .50 will be rounded up and any fraction of a unit lot
less than .50 will be rormded down- [Pmvided however this Article shall not apply to non-
expired Preliminmy Plans approved by the BOCC under the Zoning Regulations of 1978, as
amended and SuMivision Regulations of 1984, as amended.] (Resolution 2009-53)