HomeMy WebLinkAbout3.0 Resolution 2010-39I[|ffi I "HTXHLII
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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 County, Colorado, held
in the Commissioners' MeJting Room, Garfield Ctunty Courthouse, in Glenwood Springs on Monday
the 3'd of May,2010, there were present:
John Martin - , Commissioner Chairman
Mike Samson , Commissioner
irdsi Houpt , Commissioner
n"Uo.rf, O"io" , Assistant County Attomey
f** etU".i"o , Clerk of the Board
Ed Green (absPnt), CountY Manager
when the following proceedings, among others were had and done, to-wit:
RI,SOLUTION NO.20to-29
A RESOLUTION CONCERI\ED WITH THE APPROVAL OF A TEXT AMENDMENT
TO CLARIFY THE RE.QUIREMENTS F'OR AN ADEQUATE WATER SUPPLY AND
CLAR]FY THE REQUIREMENTS FOR LEGAL DESCRIPTTONS AS THEY R.ELATE
TO SITE PLAI{S TON T.TUTTED / MAJOR IMPACT REVIEWS AI\ID EXEMPTIONS
WTIIIN THE UNIFIED LAI\ID USE RESOLUTION OF 2008, AS AMENDED'
SPECIFICALLY PROVIDED FOR IN EXIIIBIT A (ATTACHED HERETO)
PARCEL NO# N/A
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received a Text
Amendment application initiaLa by the Planning Director to amend certain provisions (below)
of the Unified iand Use Resolution of 2008, ai amended which are specifically contained in
Exhibit A (attached hereto).
Ctarification to Requirements for Adequate Water Supplies; and
Ctarification lor Legat Descriptions as fhey relate to Sife plans for Limited / Maior Impact
Reviews and ExemPtions.
B- On February 24, 2010, the Garfield County Planning and Zoning Commission
forwarded ".""o**"ndation of approval with changes to the Board of County Commissioners'
C. On May 3'd, 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
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denied at which heanng the pubhc and tnterested 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 May 3'd, 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:
l- 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 detennined 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 conllict with State statutory provisions regulating
land use-
NOW, THEREFORE, BE IT RESOLVED by the Board of County Comrnissioners of
Garfield County, Colorado, that the Garfield County Unified Land Use Resolution of 2008, aud
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 l3th, 2008:
ADoPTED tt i, I O+! aay of llAaq , 2o1o
ATTEST:GARFIELD COTINTY BOARD OF
ONERS, GARFIELD
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Upon motion duly made aad seconded the foregoing Resolution was adopted by the
following vote:
Mike samson , AYe
Tr6si Houpt , AYe
John Martin
--_---,
Aye
STATE OF COLORADO
County of Garfield
I , County Clerk and ex-officio Clerk of the Board of
Coynty Commissio"".*, i" *d fo. the County and State aforesaid, do hereby certifu that the
-o"r"d and foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of County Commissioners for said Garheld Colnty, now in my office'
IN WITNESS WHEREOF, I have hereunto set my hand and affrxed the seal of said
Counfy, at Glenwood Springs, this
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day of , A'D' 2010'
County Clerk and ex-officio Clerk of the Board of County Commissioners
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GARFIELO COUNTY CO
EXHIBIT A
SECNON 4-502 DESCRIPTION OF SUBMITTAL REQUIREMENTS
C. MAPSAND PLANS
2.O VICINITY MAP.
An8%x11 vicinitymaplocatingtheparcel intheCounty. Thevicinity mapshall clearly
show the p_?rcel and the boundaries of the subject site p+sp€*y and all property within a 3-
mile radius of the subject parcelp#€pe+ty.
3.O SITE PLAN.
a. Legal description of the subiect site
b. Boundary lines, corner pins, and dimensions of the subject site for the proposed land
use change permit pssp€+ty, including land survey data to identifli the subiect site Fr€el
with section corners, distances and bearing to corners, quarter corners, township and
range.
SECTION 5.502 DESCRIPTION OF SUBMITTAL REQUIREMENTS FOR EXEMPTIONS
C. MAPSAND PLANS
2.0 VICINITY MAP.
An I % x L1 vicinity map locating the parcel in the County. The vicinity map shall clearly
show the parcel and the boundaries of the subject site pr€perty and all property within a
3-mile radius of the subject parcelprop€++y.
7.O MINOR, MNOR, ROAD SPLIT EXEMPTION PLAT.
d. Legal description of the subiect site pr€p€++y.
e. Boundary lines, corner pins, and dimensions of the subject site for the proposed land
use change permit p+ep€+ty, including land survey data to identify the subiect site pa+€€l
with section corners, distances and bearing to corners, quarter corners, township and
range.
The Planning Commission also suggests that the following language be added to Section 5-
502(CX7Xe) as follows:
lf an exemptlon is sousht on a pjopertv where a sinsle-familv dweJlins exists which is presentlv
served bv water, wastewater, and access, the required Jegal description as described in 5-
502(C)(7Xe) may.only applv to the new lots created bv the Exemption process-
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AFProJed chanees reeardine -"ACeouate Water Supolv_:t-n Articles 4. 5. 7, and 15 are as
4-502(DX7) Water. Historic irrigation, tailwater issues, water demands, adequate
water supply plan-pursuant to Section 7-104 or 7-105 as applicable
5406(C) Adequate Water Supply. The resulting Exemption Lots have a sufficient
legal and physical source of water, in compliance with the requirements of this Land
Use Code set forth in Section 7-1@of Article Vll, Sfandards.
5'502(CX13) Adequate Water Supply Plan. This section shall appty to all developmentpermltswhichrequireawaterdemandinanamountof@s(eight)
single-family equivalents where 1 (one) single-family equivalent equats eSO galloni of
water per day. Where water demand is 8 (eioht) sinqle family equivalents or less. the
standard in sectipjr 7-104 shall be met.
Section 7-104 Sufficient Legal and Physical Source of Water. Att applications for
land use chanqe permits requirinq a water demand of 8 (eiqht) sinqle familv
equivalents or lesq day)
, 5 102, S 103, and S ,104 shall have an
adequate, reliable, physical, long term and legal domestic water supply to serve the
use. (Note, this section shall not be construed to be required to meet the terms of an
adequate water supply as defined in Section 7-1A5 of these regulations. Resolution
2009-53)
Section 7-105 Adequate Water Supply. An adequate water supply plan shall be
required for any preliminary or final approval of an application for rezoning,
planned unit development, limited impact or major impact review, development or
site plan, or similar application for new construction. This section shall apply to all
development permits which require a water demand in an arnount of atteasfunqle !ha18 (eight) single-family equivalents where 1 (one) single-family equivalent equals 3S0
gallons of water per day.
A. Authority. The Board of County Commissioners, pursuant to $29-20-
trO33q1, et-AlgtSggL. C.R.S., as amended. shall not approve an application for a
development permit unless it determines in its sole discretion, after considering
the application and all of the information provided, that the applicant has
satisfactorily demonstrated that the proposed water supply will be adequate.
Nothing in this section shall be construed to require that the applicant own or have
acquired the proposed water supply or constructed the related infrastructure at the
time of the application.
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Section 7-105(D) Determrnaron or Auequate Water Supply. The Board of County
Commissioners' sole determination as to whether an applicant has a water supply that
is adequate to meet the water supply requirements of a proposed development shall be
based on consideration of the following information:
(1) The documentation required by Sections 7-+041!0(8) and 7-
+0al_05(c);
(2) A letter from the state engineer commenting on the documentation
required pursuant to Sections 74{4]0E(B) and Z-+g+l!5(C);
Section 7-106(AX1) Central Water Distribution System Preferred. Where water
service through a w?ter supplv entity is not physically or economically feasible, a central
well and distribution system is preferred over individual wells.
Section 7-106(A)(3)(a) Sized for lnitial and Future Demand. The water
distribution system shall be sized to meet both the initial andfuture demands of the
proposed development. Oversizing for likely extensions may be required and
Environment's drinking water standards for all development permits requiring a water
demand of 8 SFE or greater. (See Article Vll, Section ruL1OE)
Add the following definition to Article XVI:
Water Supply Entity. A municipality, county. specialdistrict, water conservancv district.
water conservation district. water authoritv. or other public or orivate water supplv
com0panv that supplies. distributes, or otherwise provides water at retail. as provided in
Section 29-20-302(2), Colo. Rev. Stat.. as amended.
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