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HomeMy WebLinkAbout6.0 Resolution 2011-24.pdf11111101111111Vrillit IriVrig4ii EIIII 1 III Reception : 802157 05/0412011 01:51:12 PM Jean Alberico 1 of 4 Reo 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 18th of April, 2011, there were present: John Martin Mike Samson Tom Jankovsky Carey Gagnon Jean Alberico Ed Green , Commissioner Chairman , Commissioner , Commissioner Assistant County Attorney , Clerk of the Board (absent), County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2011-24 A RESOLUTION CONCERNED WITH TIIE APPROVAL OF A TEXT AMENDMENT TO MODIFY THE USE TABLES FOR THE INDUSTRIAL ZONE DISTRICT, IN REGARD TO RECYCLING PROCESSING FACILITIES AND SOLID WASTE TRANSFER FACILITIES CONTAINED IN SECTION 3 -501 WITHIN THE UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED, SPECIFICALLY PROVIDED FOR IN EXHIBIT A (ATTACHED HERETO) PARCEL NO# N/A Recitals A. IRMW LLC, an owner of property zoned Industrial in Garfield County, Colorado, initiated a Text Amendment application to amend certain provisions of the Unified Land Use Resolution of 2008, as amended (ULUR). The Applicant sought to amend the Use Tables for the Industrial Zone District contained in Section 3 -501 of the ULUR to allow a "Recycling Processing Facility" as a use by right and to allow a "Solid Waste Transfer Facility" as a use by right. "Recycling Processing Facility is presently designated within the Industrial Zone District as a Use Permitted Subject to Major Impact Review and "Solid Waste Transfer Facility" is presently designated within the Industrial Zone District as a Use Permitted Subject to Limited Impact Review. B. On March 9, 2011, the Garfield County Planning Commission opened a public hearing upon the question of whether the Commission's recommendation in regard to the Text Amendment should be approval, approval with modifications, or denial, at which hearing the public and interested persons were given the opportunity to express their opinions regarding said Page 1 of 4 1111 x61'1 Wirifli,1 tfiakIA 'i1414141 M AC 1 II ,1 {II Reception##; 802157 05104/2011 01;51:12 PM Jean Fllberico 2 of 4 Rec Fee:$11.00 Doc Fee,0.00 GARFIELD COUNTY CO Text Amendment. The Planning Commission closed the public hearing on March 9, 2011 and forwarded a recommendation for modification of the proposed amendment to the Board of County Commissioners. C. On April 18, 2011, the Board of County Commissioners opened a public hearing upon the question of whether the Text Amendment should be approved, approved with modifications, or denied at which hearing the public and interested persons were given the opportunity to express their opinions regarding the Text Amendment. D. The Board of County Commissioners closed the public hearing on April .18, 2011 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 in regard to modifications to the proposed Text Amendment, as reflected in Exhibit A: 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, as modified, 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, as modified, are consistent with applicable standards of the Unified Land Use Resolution of 2008, as amended, and complies with the Garfield County Comprehensive Plan 2030, as amended. 5. The proposed text amendments, as modified, 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 13th, 2008: �kc( ADOPTED this 0 2 day of r14_ , 2011 Page 2 of 4 IA EH 111 Reception #: 802157 05!0412011 01-51:12 PM Jean Rlberico 3 of 4' Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO ATTEST: V • 4. • • s • a ■ • ■ • • caARA4 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COI COLORADO erk of the Board Chan an Upon motion duly made and seconded the fore following vote: Mike Samson Tom Jankovsky John. Martin STA'1 E OF COLORADO )ss County of Garfield g-Reso , Aye , Aye , Aye tion wa adopted by the I, , 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. 2011. County Clerk and ex- officio Clerk of the Board of County Commissioners Page 3 of 4 Reception #: 802157 05/04/2011 01:51:12 PM Jean Rlberioo 4 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A (Additions are shown as underlined and deletions are shown as a strikethrough) SECTION 3-501 TABLE: INDUSTRIAL. ZONE DISTRICT. • Use Permitted by Right A Use Permitted Subject to Administrative Review L Use Permitted Subject to Limited Impact Review M Use Permitted Subject to Major Impact Review USE ZONE DISTRICT Recycling Processing Facility Solid Waste Transfer Facility L Page 4 of 4