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Home My WebLink About10.0 Resolution 2015-681111 Wirrarlbria'iM IJ 11 Reception#: 871276 12/10(2015 11;25:57 AM Jean Alberico 1 of 4 Rec Fee;$0.00 Doc Fea;0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss 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 16th day of November, 2015, there were present: John Martin Mike Samson Tom Jankovsky Kevin Batchelder Tari Williams Kelly Cave Jean Alberico , Commissioner Chairman , Commissioner , Commissioner , County Manager , County Attorney , Assistant County Attomey , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2015- La A RESOLUTION APPROVING A TEXT AMENDMENT TO AMEND ARTICLES 3 AND 15 OF THE LAND USE AND DEVELOPMENT CODE (LUDC) OF 2013, AS AMENDED, TO ALLOW SHORT-TERM RENTALS AS A USE -BY -RIGHT IN ALL ZONE DISTRICTS. Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners is authorized to act. B. The Board of County Commissioners is authorized to adopt a zoning plan for the unincorporated area of Garfield County pursuant to the provisions of§ 30-28-111 through § 30- 28-116, C.R.S., as amended. Such provisions also authorize the Board of County Commissioners to provide for the approval of amendments to such zoning plan from time to time. C. On the 15th day of July, 2013 the Board of County Commissioners adopted Resolution No. 2013-46 concerning a zoning plan for the unincorporated areas of the County of Garfield, State of Colorado. 1 1111 f ��1r:!��i� GSA IR , iL'A1/1:12111111t•+a1'1 1611/1111 Reception#: 871276 12/10/2015 11:26:57 AM Jean Alberfco 2 of 4 Rec Fee.$0.00 Doc Fee:O 00 GARFIELD COUNTY CO D. Sections 30-28-110, 30-28-133, 30-28-133.5, and 30-28-136, C.R.S., as amended, provide for the approval of subdivision plans and plats, and the adoption of regulations governing such plans and plats by the Board of County Commissioners for the unincorporated areas of Garfield County, Colorado. Pursuant to this authority, the Board of County Commissioners may amend such subdivision regulations from time to time. E. Pursuant to Section 4-114 of the Land Use and Development Code, the Board of County Commissioners initiated a text amendment to the LUDC. F. On October 14, 2015, the Garfield County Planning Commission, with a 6-0 vote, certified and recommended to the Board of County Commissioners, that the Board approve a text amendment to allow Short -Term Rentals in all zone districts as a Use -by -Right without Standards. G. On November 16, 2015, the Board of County Commissioners held a public hearing at which time, the Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing, made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That the Code Text Amendment is in compliance with the criteria for approval established in Section 4-114 of the Land Use and Development Code; and 4. That for the above stated and other reasons the proposed Code Text Amendment is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Garfield County Land Use and Development Code, and as subsequently amended by this Board, shall be and hereby is amended and said language will be incorporated into the codified Garfield County Land Use and Development Code as shown on the attached Exhibit A. 2 X111 ro../r;f cimai yi. 1.iorio 11111 Reception#: 871276 12/10/2015 11:26:57 RM Jean Rlberico 3 of 4 Rec Fee:$0.00 Dao Fee:0.00 GARFIELD COUNTY CO ADOPTED this 7 day of DeGw +-1 2015 ATTEST: �4vt_. Cl Sk of the Board G • ' COUNTY BOARD OF CO ONERS, GARFIELD CO ORADO Upon motion duly made and seconded the foregoing esolas adopted by the following vote: John Martin Tom Jankovsky Mike Samson 3 , Aye , Aye , Aye 111110,21.1P,IMP, t*1i �;�i l � �4w{I,� 4� L4 11,�,�ii�� , 1111 ReceptionF 871276 12/10/2015 11 26 57 A"1 dean Rlberico 4 of 0. Reo Fee$0 00 Doc Fee 0 00 GRRFIELD COUNTY CO EXHIBIT A Use Table 3-403- "Short Term Rentals" as a Use -by -Right without Specific Standards within the Residential Uses, Household Living Use Category: Table 3-403: Use Table /P/By Right /AI AdministmdveReview /L/Li itedImpactReview Aft Major impact Review f•!6remptfromCountyReviewandStandards Use Category Use Type Res[dentliir1 Nonresidential Resource :nd ._Districts Districts Zone Districts R RS RU RM CL CG I PL RI RL RL RL HP P E TS GS n ess exemp . , a uses must comply with 'uncle 7 Standards including Use -Specific Standards. „:14.11412:tdriLplj�3 Household Living DNelling, Singte-Unit (per regal Teti P P P P P P P P Dwelling, 2-Un4 A A A A A A • Crwelling, Multi -Unit L L AL P L L L • Pxelling Unn, Accessory 4 4 4 A 4 AA • A A A A 7-701 Cabin P P P Snort Term Rentals Manufactured Home Park Office Home Office/Business PPPPPPP • P P P P M M tri A M • P P P P P P P• P P P P 7-703 7-702 Group Ltvirxg Foster Home P P P P P P P • Group Home Facilities L LL LP • L 7-704 Temporary Employee Housing Facitty. Major M M M M M M M • L L L L 7-705 Employee Housing Facitry, Minor Al Al Al A' 4' A' Al • 41 A' A' A' 7-706 Employee Housing Facitty, Small P P P P P P P P P P P 7-707 Article 15, Definitions -Add definition for "Short -Term Rentals" and amend the definition for "Lodging Facility" as follows: Short -Term Rentals. A residential dwelling unit that is rented for a period of one (1) year or less including uses such as nightly, weekly, monthly or seasonal rental of homes, lock -outs, and portions of homes consisting of 2 or fewer independent lodging units whether managed by a lodging management agency or not. Lodging Facility. An accommodation for a temporary stay that includes, but is not limited to, a resort lodge, guest ranch, ever-pli he-1teF, motel, hotel, boarding house, and bed and breakfast establishment. Lodging Facilities exclude Short Term Rentals, sci sanal or and Temporary Employee Housing on premises, and contracted employee housing off premises. ; scasonfil-r-ental-ef--hefnes;-ond lock outs, or portions of homes, consisting of 2 or fewer independent -led: :. • - - . _ _ • 4 EXHIBIT A Use Table 3-403— "Short Term Rentals" as a Use -by -Right without Specific Standards within the Residential Uses, Household Living Use Category: /NA Table 3-403: Use Table Review AN Major Impact Review ht Exempt from County Review and Standards Article 15, Definitions — Add definition for "Short -Term Rentals” and amend the definition for "Lodging Facility" as follows: Short -Term Rentals. A residential dwelling unit that is rented for a period of one (1) year or less including uses such as nightly, weekly, monthly or seasonal rental of homes, lock -outs, and portions of homes consisting of 2 or fewer independent lodging units whether managed by a lodging management agency or not. Lodging Facility. An accommodation for a temporary stay that includes, but is not limited to, a resort lodge, guest ranch, overnight shelter, motel, hotel, boarding house, and bed and breakfast establishment. Lodging Facilities exclude Short Term Rentals, c, asonal or and Temporary Employee Housing on premises, and contracted employee housing off premises.; seasonal rental of homes; and lock outs, or portions of homes, consisting of 2 or fewer independe - - - - a lodging management agency or not. 4 CL as PL F; l P R L E F L TS t;�'s uses must comply with -„Article 7 Standards Use -Specific Siaadrds. R RS RU i tci HP Houser,oio L:virg D ei. n.g :--',;r.rt 1F'er :egos loll P F' P F' F' P • P P Dwelling, 2 -Lint A A A A A A • Dweling. Multi -Unit LL AL L L L • Dwelling Unit Accessory A A A 4A A A • A A 4 4 7-701 Gahm P P P Short Term Rentals P P P P P P P • P P P P Manufactured Horne Par, MMM A M • 7-703 Office Horne Office/Business P P P P P P P • P P P P 7-702 Group Living Fester Home PPPPPPP • Group Home Facilities L L L LP • 1 7-704 Temporary Employee Housing Facility. Ma;or MMMMMMM • L 1 L L 7-705 Employee Housing Faculty, Minor Al Al Al A' A' A' A' • A' A' A' A' 7-706 Employee Housing Facility. Small PPPPP P P • P P P P 7-707 Article 15, Definitions — Add definition for "Short -Term Rentals” and amend the definition for "Lodging Facility" as follows: Short -Term Rentals. A residential dwelling unit that is rented for a period of one (1) year or less including uses such as nightly, weekly, monthly or seasonal rental of homes, lock -outs, and portions of homes consisting of 2 or fewer independent lodging units whether managed by a lodging management agency or not. Lodging Facility. An accommodation for a temporary stay that includes, but is not limited to, a resort lodge, guest ranch, overnight shelter, motel, hotel, boarding house, and bed and breakfast establishment. Lodging Facilities exclude Short Term Rentals, c, asonal or and Temporary Employee Housing on premises, and contracted employee housing off premises.; seasonal rental of homes; and lock outs, or portions of homes, consisting of 2 or fewer independe - - - - a lodging management agency or not. 4