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HomeMy WebLinkAbout4.0 Resolution*- E ll I fr irr l'I1 I Ui llt [ ftl'r. HL Id H ttl,:H,t' hU, ltr't tii"l E t ll I Receptiont:777238 l1/O3/2O09 Ol:?2:28 Pl1 Jean Qlbe.ico 1 of 5 Rec Fee:SO-oo Doc Fee:o.oo GARFiELD CoUNTY Co STATE OF COLORADO County of Garfield -Tohn Martin Mike Samson At aregular meeting of the Board of Comty Commissioners for Garfield Counly, Colorado, held in the Commissioners' tvt".:tiog Room, Garfield County Courthouse, in Glenwood Springs on Monday the 196 ofOctober, 2009, there were present: ) )ss ) Commissioner Chairman Commissioner (absent) Tr6si Houpt - Commissioner beborah Ouinn ' Assistant County Attorney Jean A,lberico , Clerk of the Board Ed Green ' CountY Manager when the following procsgdings, "mong others were had and done, to-wit: RESOLUTIOI'ri 1gg. 2oo9-74 A RESOLUTION CONCERNED WITH TIIE APPROVAL OF A TEXT AMENDMENT TO AMEND THF', TEXT OF ARTICLE 3, ARTICLE 7 AND ARTICLE 16 OF THE UNIFIED LAND USE RESOLUTION OT 2008, AS AMENDED, REGARDING ADDING TnT'. USE OF "LODGING FACILITIES, MAJOR" AS A I\{.AJOR IMPACT REVIEW WTTHIN THF. RESOURCE LAND-GENTLE SLOPES (RL-GS) AND RESOLIRCE LANDS-PLATEAU(RI-P)zoNINGDISTRICTSANDADDINGTHEUSEoF "LODGING FACILITIES, MINORAND "SEWAGE TREATMENT FACILITIES" AS A LIIITTTED IMPACT RE\ZTEW WTIHIN THE RESOURCE LAND - GENTLE SLOPES (RL-GS)ANDRESoURCELAND-PLATEAUEI-P)zoNINGDISTRICTSIN appinoN, tToDIF vING rIIE sTANIDAlll,uoI$f "rroN 7-836 AND DEr.INITIoNS PARCELNO#N/A Recitals A. The Board of County Cornmissioners of Garfield County, Colorado, received a Text Amendment application ftom David Fr:rr to Amend the Text of Article 3, Article 7, and Article 16 of the Land Use Resolution of 2008. c. on september 9, 2A09 *re Garfield county planning al.d zontng commission forwarded a recommendation of approval with chrnges by a vote of 6-0 to the Board of County Commissioners. Page 1 of5 /a.d-/,-a Elll ffi l'11rlil,rt{lL illlr.l{Irlillfl#;l+i.iht{ t#rjt lli,,t il ll IReception*: 777238 1 1/O3/2OO9 0l:3?:28 Pfl Jean nlbe.ico2 of 5 Rec Fee:$O.00 Doc Fee,o.Oo GARFIELo COIJNTY co D. On October lg,2oog, the Board of county commissioners opened a public hearing upon the question of ufietlrer the Text Amendment should be approved, approved witl chalges' or denied aJ which hearing the public and interested persons were given the opportunity to express their opinions regar,ling tlle issuance of said Text Amendmenl E. The Board of County Commissioners closed the public hearing on October 19' 2009 to make a final decision- F- The Board on the basis of substantial competent evidence produced at the aforementioned heari.rag, has made the following determinations of fact: 1.That the hearings before the planning Commission and Board of County Conrmissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that ail interested parties were heard' That the proposed text amendment can be determined to be in the best interest of the healt}, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. That the application has met the requirements of the Garfleld County Unified Land Use Resolution of 2008, as amended. Such use does not create ally more hazards to or alteration of the natural environment than the minimum amouut normally resulfing from the ottrer uses permitted in the District to which it is added- Such use does not create any more offersive noise, vibration, dust heat, smoke, odor, glare or other objectionable ffiuences or mole fua.ffi.c hazards than the minimum amount normally resulting from the other uses permitted in the district to which it is added. The proposed uses added to Table 3-502 is compatible with the uses permitted in the Resourc.e Lalds-Gentle Slopes and Resource Lands-Plateau- NOW, THEREFORE, BE m RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that ttre Garfield County Unified Land Use Resolution of 2008, and identified as i15 Resolution No. 08-115, as subsequently amended by this Board, shall be and hereby is amended and said language wiil be inco_rporated into the codified GarEeld County Unified Land Use Resolution adopted on October 13*, 2008 as shown on ttre attached Exhibit A: 2. 4. 5. 6. Page 2 of5 J. tlll fiii l'llllJ,rHll IHil frt'tkttl*lilt]'th|/'l+llH{' I Et ll I ift?"':: i:"t} i"r,'Js.3J" "' ;:l 3 | ts8' iEF. r eu o'0"*' " co ADOPTED *;, &.L* auy$ loooa'r L-a'^^ '2009 of the Board Upon motion duly made and seconded the followi:rg vote: Mike Samson . Tr6si Houpt .Aye .Iohn Martin - Aye STATE OF COLORADO County of Garfield GARFMLD COUNTYBOARD OF SIONERS, GARFIELD COLORADO by the ) )ss ) I, , County Clerk and "I-9q"i9 Clerk of the Board of co,nty andstate aforesaid, do hereby certi& that the annexed. and foregoing Resolution is truly copied ftom the Records of the Proceeding of tle Board of County Commisrion"rs for said Garfield Cor:nty, uow in my ofEce' INWITNESSWHEREOF,Ihavehereuntosetmyhandandaffixedthesealofsaid County, at Glenwood Springs, this dzy of -- ' A'D- 2009' CountyClerkandex.officioClerkoftheBoardofCountyCommissioners f,,r*t9.0 : SEA,D-,: Page 3 of 5 ATTEST: 1ltFltj}'{ii,f,*il1:[l H]l}:YiTi:l :"'''' EXHIBITA ARTICLE Itr ZONING Modifr Table 3-502bY: 4drting: "Lodging Facilities, Major" to Plateau and General Slopes as a Major Impact Review. Adding: "Loagfug facilities, Minor" to Plateau and Geueral Slopes as a Limited ImFact Review- Addin!: "sewage Treatment Facilities" to Plateau and General Slopes as a Limited Impact Review. TABLE 3-502 USE P, E.TS .GS , Home Offi.celBusiness A A Kennel L L ,IEE,ii EfFiijffiA:in -t.idnlittit:.ii,ll',;i,r:1,i,:;::,.r::r,iiili:tjrllrl;::.,.;ti'l.ri:l,llf,i' j rM.i ;i ij riYt ,',r_i irL;l Major PUC Regulated Electrio or Natural Gas Diskibution Facilities L L L L Maior Temporarv Housing Facility(ies)M M N{M Minor Temporary Housing Facility(ies)A A A A Processing M M M M Salvage Yard M Sewage Disposal L L ffi :ilrii i r.rirliiirilji,!,i ;l irri::ilii;,:r irii:;iit;ir'f i ']D,:i frj 'i:'r :.:f.i.r i ,'Ll Sirrele Dwelling Units a a Ski Lift a:rd Trails M o Use Permitted by Right A Use Permitted Subject to Adrrinistrative Review L Use Permitted Subject to Limited Impact Review M Use Perrnitted Subject to Major ImPact Review ARTICLEVII STANDARDS Modifi Section 7 -836 to rcad; Section 7-836 Sewage Treatment tr'aeility A. General Requirements. 1 . This use may be located on a separately dedicated lot and is exempt from the minimum lot size requirements for the Tening diskict in which it is located. 2. When part of an overall project requiring a land Use Permit, a new Sewage Treatuent Facility shall be considered an accessory to the primary use and shall Page 4 of 5 f il fti l'11rlUiill{,[#lr.Hn ldril*rril#h'lhr(lrtiU{i,l El Il l Recept i on# : 777238 11l03t2oA9 O1r32:24 Pr J€an Alb€rico5 of 5 Rec Feer$O.oo ooc Feero O0 GARFIELD CoUNTY cO not require additional permitting except for ttrose permits reguired by the Garfield County Public Healthbepartrnent and the Colorado Department of Public Health and Environment. 3" Expansion, relocation, or other alteration to an existing aad approved Sewage Triatonent Facility shall follow requiremetrts as noted in the Use Tables of the Unified Land Use Resolution of 2008 as amended ARTICLE XVI DEtr'INITIONS Modifr the foilowing definitiors to read; Lodging Facilities- Lodging establisbments exclude seasonal employee housing on p."-ir.r, or contracted employee housing off premises, or a Rooming and Boarding House. Lodging establishments .*"Iud. the seasoual rental of homes, or lock-outs or portions of homes, whether managed by a lodging management agency oI not, consistiag of 2 or less independent iodging units. 1_Minor Lodging Establishment A facility catering to a maximr:m of ten (10) guests- On-site recreational rmenities are permitted as an accessory use for the exclusive use of guests and staff. ftsffe2fienal ameaities offered to tlle general public are considered "Outdoor Recreation, Commercial" and require a separate permit as listed in the Table of Uses in Article III. Major Lodging Establishment A facility catering to more than ten (10) guests or having moie than five (5) bedrooms. On-site recreational amenities are permitted as an accessory use for the exclusive use of guests and staff. Recreational ameaities offered to the general public are considered "Outdoor Recreation, commercial" and require a separate permit as listed in the Table of uses in Articie u. Sewage Treatment f,'acility. A system or facility for heating, sewage prior to discharge to an absorption are4 surface water or other approved iocation, for which the system or facility has a design capacity to receive two thousand (2000) gallons of sewage per day or greater, aad is regulated by the Colorado Department of Public Health aad Euvironment. The term "sewage treatment facility" includes appurtenances zuch as interceptors, collection lines, outfall and other sewers, pumping stations, and related equipmenl Page 5 of5