HomeMy WebLinkAbout3.0 Resolution 2010-771[#ii]##*ilH'i[*HjT*
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STATE OF COLORADO
County of Garfield
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At a regular meeting of the Board of County Commissioners for Garfield Counfy, Colorado, held
in the Commissioners' rrr."t"g Room, Garfield county courthouse, in Glenwood Springs on Monday
the 13d ofSeptember, 2010, there were presetrtl
John Martin ' Commissioner Chairman
Mik" Satotoo , Commissioner
TrEsi Houot ' commissioner
D"" D"F"td ' Assistant County Attorney
r"* atUoito ' Clerk of the Board
* O."", (absent)' CountY Manager
when the following proceedings, among others were had and done' to-wit:
RESOLUTION NO.20ro-77
A RESOLUTION CONCERNED WITH TIIE APPROVAL OF'A TEXT AMENDMENT
TO SECTION 4-103(GX8XA)(1) Or TIIE IINItr'IED LAND USE RESOLUTION OF 2008'
AS AMENI}ED NNG,ITiNNCC EXTENSIONS FORPRELIMINARY PLANS
PARCELNO#N/A
Recitals
A. The Board of county commissioners of Garfield county, colorado, initiated a Text
Amendment to amend section +-ror(oxaxa)(1) of the unified Land use Resolution of 2008, as
amended (ULIIR) as more firlly de scribed-in Exhibit A attached hereto to amend the section that
addresses extensions to Preliminary Plans'
B.onJuly14,2010,thePlarrningCommissionopenedapublichearingontheproposed^
Text Amendment and fo;arded a .ecJ-mendation of approval with changes to the Board of
County Cornmissioners.
C. On September 13, 2010, the Board of County Commissioners opened a public hearing
,pon ,t
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qu"rtion of whether the Text Amendment should be approved, approved with changes,
oi 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 september 13' 2010
to make a final decision.
E. The Board on the basis of substantial competent evidence produced at the
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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.
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 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 Cor.rnty.
The proposed text amendments are consistent with applicable standards of the Unified
Land use Resolution of 2008, as amended, and complies with the Garfreld county
Comprehensive Plan of 2000, as amended'
The proposed text amendments do not con{lict with State statutory provisions regulating
land use.
NOW, TIIEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garheld 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 languge will be incorporated
into the codified Garfield County Unified Land Use Resolution adopted on October 13s,2008:
ADOPTED ttrls Y t a ay of (Qtl-a Att* ,201A
GARFIELD COUNTY BOARD OF
, GARI'IELD
.Y1 0J*
of the Board
Upon motion duly made and seconded the
following vote:
adopted by the
Mike Samson ., Aye
Trdsi Houpt , Aye
John Martin , Aye
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Recapt im*: 792488
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County of Gar{ield )
I, , County Clerk and e1-9{ci9 Clerk of the Board of
Co*nty Commissioners, in *a io, the County and State aforesaid, do hereby certify that the
annexed and foregoing R;J",i;" is truly "opi"d fro,o the Records of the Proceeding of the
So;a of Co,rnty Commissioners for said Garfietd County' now in my office'
INWITNESSWHEREOF,lhavehereun|osetmyhandandaffixedthesealofsaid
County, at Glenwood Sil;;tJhit day of 'A'D' 2010'
County Clerk and ex-offrcio Clerk of the Board of County Commissioners
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EXHIBIT A
(Note: Added language is shown as underline{ and deleted language is shown as being s+ri€keF-thrsgh to the
previously adopted provision in the UtUR.)
Section a-ror(e)(8)(a)(1)
Conditional Approval. The Board's decision to approve or conditionally approve the
preliminary plan, minor exemption, major exemption or rural lands development exemption
shall be effective for. a period of up to one year or until the final or exemption plat has
received a Determination of Completeness pursuant to Section 4-103(C), Determination of
Completeness, whichever occurs first. lf approval lapses, the PlanninE Director shall record
a lapse of approval affidavit with the Garfield Countv Clerk and Recorder'
Prior to expiration of the-erigifla+ anv approval, th€ applicant may make a eF€+ime request
for an extension ef-up+e-en+yea+ to the Board of County Commissioners. The Board may
Erant an extension of up to tr,!o vear-s based on a request containinL[he following submittal
reguirements:
a. Fee
b. A narrative stating the reasons for the applicant's inabiliW to complv with the
soecified deadlines of this section such as unforeseen circumstances and a
demonstration of how the applicant is reasonablv pursuing submission of a Final
Plat. listing anv chanee! in the character of the neighborhood, anv changes in the
CounVs Comprehensive Plan, and the Unified land Use Resolution of 2008, as
amended.
Criteria: The Board of County Commissioners maY approve an extension if itJinds
that the extension does not result in anv inconsistencv between condition! of
arrqroyal, the Comprehensive PIan, the Unified Land Use Resolution of 2O08, as
amended or tJrat anv inconsistencv can be mitiF4led by soecific conditions. Shou]d a
change be required to anv conditions of approval, thev shall onlv occur in a noticed
public heerins pursuant to section 4-103{F) of the Unified Land Use Resolution of
20O8, as amended.
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