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Home My WebLink AboutResolution 2010-31. ■111414I'PANCRIiKh,l Ni`ilf+: t.liq E41iki 11111 Reception#: 785852 05/11/2010 10:41:17 PM Jean Alberico 1 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO County of Garfield ) )ss 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 3rd of May, 2010, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tresi Houpt , Commissioner Deborah Quinn , Assistant County Attorney Jean Alberico , Clerk of the Board Ed Green (absent), County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2010 —3 1 A RESOLUTION CONCERNED WITH THE APPROVAL OF A TEXT AMENDMENT TO ELIMINATE THE TAKINGS PROCESS FROM SECTION 12-103(B) AND 12-107(1) CODE ENFORCEMENT WITHIN THE UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED, SPECIFICALLY PROVIDED FOR IN EXHIBIT A (ATTACHED HERETO) PARCEL NO# N/A Recitals A. The Board of County Commissioners of Garfield County, Colorado, initiated a Text Amendment application to amend certain provisions (below) of the Unified Land Use Resolution of 2008, as amended which are specifically contained in Exhibit A (attached hereto). 1) Strike the "Takings" process from the Code Enforcement Section 12-103(B); and 2) Amend the "Takings Determination" language in Section 12-107(1) to eliminate the notice of potential violation language. B. On February 24, 2010, the Garfield County Planning and Zoning Commission forwarded a recommendation of approval with changes to the Board of County Commissioners. C. On May 3rd, 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. Page 1 of 5 1111111A EVIir C Pr,�I�� 1111 Reception#: 785852 05/11/2010 10:41:17 AM Jean Alberico 2 of 5 Rec Fee:$0.00 Doc Fee.0.00 GARFIELD COUNTY CO D. The Board of County Commissioners closed the public hearing on May 3rd, 2010 to make a final decision. E. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That the hearings before the Planning Commission and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard. 2. That the application has met the public notice and public hearing requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. 3. That the proposed text amendments have been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The proposed text amendments are consistent with applicable standards of the Unified Land Use Resolution of 2008, as amended, and complies with the Garfield County Comprehensive Plan of 2000, as amended. 5. The proposed text amendments do 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 identified as its Resolution No. 08-115, as subsequently amended by this Board, shall be and hereby is amended as shown on the attached Exhibit A and said language will be incorporated into the codified Garfield County Unified Land Use Resolution adopted on October 13t, 2008: ADOPTED this i - day of m & , 2010 ATTEST: m C J k of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COQ Y, COLORADO Upon motion duly made and seconded the foregoing Ropted by the following vote: Page 2 of 5 IIII.I '♦1'L4iKd'6,511I !,K 1111 Reception#: 785852 05/11/2010 10:41:17 AM Jean Alberico 3 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Mike Samson , Aye Tresi Houpt , Aye John Martin , Aye STATE OF COLORADO )ss County of Garfield 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. 2010. County Clerk and ex -officio Clerk of the Board of County Commissioners Page 3 of 5 . III K►' I'�41W�'k� �, ii�r5 IWrI Id4� f;111T+ �� "� ■III � Recept i ontt : 785852 05/11(2010 10.41:17 AM Jean Alberico 4 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A 12-103(B). Notice of Violation. Whenever the Enforcement Officials have personal knowledge of any violation of this Land Use Code, such person shall give wry of Anticipated Enforcement to the purported viol. files notice of a taking d • • written Notice of Violation to the purported violator to correct or cease and desist from continuing the violation. An immediate order to cease the violation shall be tendered in the case of a severe risk to health, safety and welfare of other citizens, but in no event shall a correction period longer than ten (10) days be granted by the Enforcement Officials for correcting the violation. Section 12 107(A) of the La f •, t has been rendered by the Board of County Commissioners. (Resolution 2009-53) Section 12-107 Decision Review A. Takings Determinations. 1. General. A property owner who is an applicant for a development permit, a land use change, subdivision approval -- violation who believes they are adversely affected or aggrieved by a determination by an Enforcement Official, the Planning and Zoning Commission or the Board of County Commissioners and who believes or contends that the determination by any of the above referenced individuals, agencies or commissions constitutes a taking of all economically beneficial use of private property without just compensation in violation of the United States or Colorado Constitutions or a taking of a vested property right, said property owner shall, as a pre -requisite to any appeal, defense of or judicial review of a decision, request a hearing pursuant to this section before the Board of County Commissioners. 2. Process for Appeal. An application for a Takings Determination shall be submitted no later than fifteen (15) days from the date of the decision that the applicant believe constitutes a taking of all economically beneficial use of the property or taking of a vested property right., except for a Notice of Page 4 of 5 . Within forty-five (45) working days of the receipt of a written request for hearing, pursuant to this section, the Board of County Commissioners shall conduct a hearing and within fifteen (15) working days after such hearing, render its decision. The hearing set forth above shall be conducted as an open public meeting, properly agendaed at either a regular or special Board of County Commissioner meeting. Prior to such hearing, the '0.Ilivi'iis If'Vf71T'A "4 ■1111 Reception#: 785852 05/11/2010 10:41:17 AM Jean Riberico 5 of 5 Rec Fee $0.00 Doc Fee:0.00 GARFIELD COUNTY CO Board of County Commissioners shall provide written notification to the applicant of such hearing, which written notification shall be tendered to the applicant at least three (3) calendar days and not more than ten (10) calendar days prior to the date of such hearing. Such notification shall be tendered by either personal service of notice or mailing by certified United States mail. Page 5 of 5