HomeMy WebLinkAbout4.0 Resolution 2010-30)
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Reception$: 785851
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STATE OF COLORADO
County of Garfield
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 3'd of May, 2010, there were present:
John Martin , Commissioner Chairman
Mike Samson , Commissioner
Trdsi Houpt . Commissioner
Deborah Ouinn , Assistant Counfy Attorney
Jean Alberico , Clerk of the Board
Ed Green (absent), County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTIONNO- 2010-30
A RESOLUTION CONCERNED WITH THE APPROVAL OF A TEXT AMENDMENT
TO ADD A NEW SECTION 4-IO7 *AMENDMENTS TO APPROVED LAND USE
CHANGE PERMTTS" INTO ARTICLE IV & REMOVII\G THE INDIVIDUAL
AMENDMENT SECTIONS THAT CURRENTLY EXIST IN OTHER ARTICLES WITH
THE EXCEPTION OF ARTICLES V AND YI & RE\TISE THE DEF'INITIONS OF
*SUBSTANTIAL MODIT'ICATION / CHANGE'' & (NON-SUBSTANTIAL
MODIFICATION I CHANGE'\YITHIN THE UNIFTED LAND USE RESOLUTION OF
2008, AS AMENDED, SPECIFICALLY PROVIDED FOR IN EXHIBIT A (ATTACHED
HERETO)
PARCEL ilO# N/A
Recitals
A- The Board of County Commissioners of Garfield County, Colorado, rcccivcd a Text
Amendment application initiated by the Planning Director 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) Add a new Sectr'on (Sectrbn 4-107) into Article lV "A,pplication & Review Procedures"
known as "Amendments fo Approved.Land Use Change Permits." This would include
removing the individual amendmenf secfions that currently exist in other Articles of the
Code. [Note, amendments to Divisions of Lands which include Exemptions & S{rbdivisrons
and Rezonings (PUDs) will continue to have their own specrfic amendment processes
provided in Article V and Vl.l
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2) Reyrse the definitions of "Substantial Moditication / Change" & "Non-Substantial
Modification / Change" (which may also allow for scriveners / surveyors errors as a
ro uti n e nan -substanti al c h an ge) -
B. On February 24, 2010, tbe Garfield County Planning and Zoning Commission
forwarded a recommendation 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
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 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:
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
identifred 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 13fr, 2008:
ADOPTED this { O* a ay of Y!\dtt ,2010=T-
ATTEST:GARFIELD COLINTY BOARD OF
COMMISS IONERS, GAR-FIELD
COLINTY, COLORADO
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israt
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of the Board
Upon motion duly made and seconded the foregoing
following vote:
Mike Samson
Tr6si Hount
Resolution was adopted by the
Aye
Aye
John Martin , Aye
STATE OF COLORADO
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 oflice.
IN WITNESS WHEREOF, I have hereunto set my hand and affrxed the seal of said
Corurty, at Glenwood Springs, this
-
day of , A.D.2010.
County Clerk and ex-officio Clerk of the Board of County Commissioners
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EXHIBIT A
Section 4-1072 Amendments to an Approved Land Use Change Permit.
Proposals to chonqe a Land Use Chanqe Permit approved under these Requlations ond proposed
amendments to Conditional Use Permits and Speciol Use Permits approved bv the Board of
Countv Commissianers under the Land Use Resolution of 7978. os amended (pursuant to Section
2-707) sholl reouire application to the Director for Amendment of an Aonroved Lond Use Chonqe
Permit. The Director shall review the opplication to determine whether or not the proLo_se.d.
chanqe constitutes a substantial modification to the Lond Use Chanqe Permit. Should the
Director determine thot the reqggsted cholae constit_utelJt suhstanlj.ol rysdification. o new
applicotion shall be reauired to be filed with the Countv.
A. Review Process
7. Pre-Apolication Conference. A Pre-Apolication Conference shall be held in
accardonce with the provisions of Section 4-1Oj(A), Pre-Applicotion Conference
of Article lV. (Note. a pre-applicatian conferenge.for an Ad0inistrative Review
mov be woived bv the Director upon request bv the Applicont.)
2. Applicotioq.-.The application materials:lincludino review criteria ond stondords)
required for Amendment of on Approved Land Use Chonae Permit based on o
non-substantiol chonae are set forth in Sectian 4-501-(H). Should the Director
determine that the reauested chanoe constitutes a substontial modification, o
new opplicatian shall b_e reqlrired to be filed with the Countv.
3. Determination of Completeness. The Directar sholl review the aoplicotion for
determination of completeness in occordonce with the provisions of Section 4-
7O3(C), Determination of Camoleteness of Article tV.
4. Staff Review / Director Decision. Within thirtv BA] workina dqvs of the dote of
determinotion of completeness the Director"shall moke a determinqtjg\. as..to.
whether the proposed chanae constitutes a substantial modification to the
opproved Land Use Chanoe Permit.
5. Diredor Decision
a. _N_o Substontial Mo.difigatian. lf the Director determines thot the
proposed amendment to on aoproved Land Use Chonae Permit.dges not
constitute a substontial modificotion, the Director mav approve the
proposed omendment to the Land Use Chonqe Permit ond provide notice
of this decision pursuant to Section 4-LO4AU6).below. Additionolly. the
Director sholl have the discretion to reauire lhe determinotion request be
decided by the Eoard of Countv Commissioners in o public* mgtetina-
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h. Substontial Modificalion. lUhe Director determines thot the oroposed
smendment constitutes a substantial modificotion. th.e chanae sholl
require a new apDlication for the proposed use.
6. Written Notice of Decision. The Director sholl inform the Boord of Countv
Commissianers. the Applicon!. and qllAdiocent Propertv Owners within 2A0 feet
of the subiect propertv of the Director's decision in writina within five (5) workina
dovs of the date of decision..(Note, if no request for reconsiderotion is filed with
the Countv within 74 davs of the date of the Director's decision,.lt sholl become
final.l
B. Reconsideration of Diredofs Decision bv Applica.nt or Adiacent PropertL.Owner
7. Request bv Aoolicalrt or Adiacent Prooerttt QqQ?r for Reconsiderotion of
Decision. An opplicont or Adiacent Propertv Owngr.nov re.guest reconsiderotion
of the Director's decision bv the Board of Countv Commissioners. The reauestina
portv mav file a written request within fourteen (141 colendar davs of the dote of
written notice of the decision bv the Director to the Director of the Buildina and
Plannina Deportment. The Director shall present the reouest for reconsideration
at the next reaular meetino of the Boord of Countv Commissioners where the
Bqord (bv maiaritv votel mov opprove the settina of o public heorinq to
reconsi d er th e Di rector's decision.
o. Schedule Public Heorino. Public hearina bv the Boord of Countv
Commissioners shall be held within fortv-five (4il calendar doys_from the
date the Board of Countv Commissioners decide to reauire a public
heorinq.
b. Natice bv Publication. At least thirtv BOI calendar davs prior to the dote
of the scheduled oublic heorino before the Board of Countv
Commiss-ia-fe!5, the opplicsnt or. Adiocent Propertv Owner shall have
published o notice of oublic hearinq in o newspoper of qenerol circulotion
in the area that the_p.Loposed land use chonae is locoted. (Note- this shall
onlv applv to Land Use Chanqe Permits which were oriainallv opproved in
o noticed public hearinq-l
c. Notlce to Adiacent Proaertv Owners. At least thirtv {ial calendor davs
prior to the date of the scheduled public hearina. the opplicont or
odiacent .property owner shall s?ryd- bv certified moil, return receipt
requested. a written notice of the oublic heorino to the owners of record
of all Adiocent Propertv Owners within a 2OO' rodius. The notice sholl
include o vicinitv map. the propertv's leaal description. o short norrative
describina the current zonina and proposed land use chanqe, and an
announcement of the dote. time ond. locotiqn-o.f &te- sQheduled heorinq..
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{Note- thiLlh.gll onlv opplv to Land Use Chonqe Permits which were
oriqinollv opproved in a noticed public hearino.)
d. Decision bv Board. The Boord sholl conduct a heorino pursuont to the
provisions of Section 4-70j(G), Conduct of Public Hearina. The Board shall
uohold the Director's decision, modifv the decision. or reverse the
decision. bosed upon compliance of the proposed land use chonae with
the opplicoble approvol stondords set forth in Article Vll. Stondards.
2. Call-up bv Board. Within fourteen (741 calendar davs of the notice qUe.cision bv
the Director. anv one member of the Board mov. at their discretiorl,. decide to
reconsider the Director's decision. lf that is the case. a Board member shall
reauire the Director to preselt the request for reconsideration of the next reoulor
mee.tin_g of .thg Boord.of CounN.Commissioners where the Baord (bv moioritv
vote) mov oporove the settinq of o public hearino to reconsider the Director's
decision.
o. Notice hv Puhlication. At leost thirtv (30) colendor davs prior to the dote
of a scheduled public hearino before the Boord of Countv Commissioners.
the Director sholl have published a notice of public heorino in o
newsponer of oenerol circulotion in the orea thot the oraposed lond use
chanqe is located.
b. Notice tgJidiagent Propg4v.9v.ryefs. At le_qs! thirtv (3Ol colendor dovs
prior to the date of the scheduled nublic hearinq, the Director shall send
bv certified mail. return receipt reouested. a written notice of the public
he?rina to the owner of the subiect propertv fupplicant) and Adiacent
Properfu Awners within o 200' radius. The notice shall include a vicinitv
map, the propertv's leaal description, a short norrative describinq the
cu.rrent zonino ond proposed lond use ch-o?ae,.s!,d_g! annouig9nent of
the dote, time and location of the sched.ulgd- he.aring.
c. Decision bv Board. The Boord sholl conduct a hearino oursuant to the
provisions of Section 4-7A3(G). Conduct of Public Heorina. The Board sholl
uphold the Director's decision. modifu the decision. or reverse the decision
based upon gomplionce of the proposed lond use chanqe with the
opplicable oporoval standords set forth in Article Vll, Standords.
Replace the existing Section 4-501(Hl Submittal Materials with the following:
4-507(Hl Amendments to Approved Land Use Chanae Permits, The review process for an
amendmerJl tg on approved Land Use Chonae Permit is set forth in Section 4-7A7. ond reauires
the followina submittal materiolt
1. Applicatian Form
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ReceotionH: 785851
A5t11'l2O1A 10:41:17 AII Jean Alberico7-oi I R.c Fee:$@.oo Doc Fee:0.00 GARFIELD CoUNTY c0
Written Statement of the proposed amendments and how thev meet the definition of
non-Substantial Chanqe in Article 16:
Supportinq documents necessarv to evaluate the proDosed revisions.
Add the following Definition in Article XVI for Non-substantial Change
Non-substantiol Chonae: A non-sltbstgntja.lJ{nendment mov be made to an aporoved Land Use
Chonae Permit if it meets oll of the followina criterio os determined bv the Director:
1. ls consistent with action(sl taken durina previous Land Use Chonqe Permit opproval;
2. Does not chanae the use cateqorv of the proposed development between residentiol,
com m e rci a l .q n d !!.9! u stri al u ses;
3. Does not chanae the basic charocter of the approved use of land on which the activitv
o_c_e.u!_s, includino bosic )risual o.ppe.gr.gnce ond method of operation:
4. Does not constitute o new lond develoament activitv:
5. Does notviolote anv Lond Use Cqde.stondord'
6. Does not substontiallv increose off-site impocts (includinq but not limited to increased
troffic, water use. wastewater qenerotion, etc.l in thq sqrf_gundina neiahborhood:
7. Does not substantiallv increase the need for on-site porkina or utilities:
8. Does not increase the floor area of the use bv more than five (5) percent or decreose
the apen spoce on the site bv more than five (5) percent: and
9. Does not endanoer the public health. sofetv or welfore.
Amend the Definition of Substantial Chonge in the Following Woy:
SuUstantiat ghanse.
+oUe*ing;
i{+€{cases
, ever l007o and
app+€val"
e= prejeeted traffie sueh that a highway aeeess permit er an amendm€nt te a hiBhway aeeess
d, the size ef the land whieh is the subieet ef the permit er appreval
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Ogl11l?@1O 1@:41:17 Al1 Jean AlbEricoI of 8 Rec Fee:t@.OO Doc Feer@.@@ GARFIELO COUNTY C0
Substontiol Chonae: A substantial chonqe is onv amendment thot does not meet the definition
of a non-substontial chanae amendment obove, is otherwjse_4e-teryfiqed bv lhe Director to be o
siqnificont departure from the oriainal development application or permit. or if the request .it -tg
chonqe o specific condition of ooproval reauired bv the Board of Countv Commissioners.
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