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HomeMy WebLinkAbout12 - Resolution 93-061BOOK 868,;(;;491 RECORDED AT 11:274' O'CLOCK ? .M. JUL 1 3 1 REC # 449' MILDRED ALSDORE, COUNTYCLERK • 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 12th of July A.D. 19 93 , there were present: Elmer (Buckey) Arbaney Commissioner Chairman Marian 1. Smith Commissioner Arnold L. Mackley , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION Na 93-061 A RESOLUTION CONCERNED WITH AMENDING THE GARFIELD COUNTY ZONING RESOLUTION OF 1978 BY THE AMENDMENT OF PORTIONS OF SECTIONS 2.02.53, 5.03.07, 5.03.08(1), 7.04, 9.02.02, 9.02.03, 9.03.03 AND 9.03.04. WHEREAS, on the 2nd day of January,1979, the Board of County Commissioners of Garfield County, Colorado, adopted Resolution No. 79-1 concerning a Zoning Resolution for the County of Garfield, State of Colorado; and WHEREAS, the Board is authorized by the provisions of Sections 30-28-109 through 30-28- 116, C.R.S. 1973, as amended, to provide for the approval of amendments to such Zoning Resolution, and the Board has so amended the said Resolution; and WHEREAS, on December 16, 1991, the Board adopted a codified version of the Garfield County Zoning Resolution of 1978 and all subsequent amendments; and WHEREAS, on June 9, 1993, the Garfield County Planning Commission recommended approval of the proposed text amendment; WHEREAS, a public hearing was held on the 14th day of June 1993, before the Board of County Commissioners of Garfield County, Colorado, at the Commissioners meeting room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado, as to which hexing, public notice was given in accordance with requirements of Section 10 of the Garfield County Zoning Resolution; WHEREAS, the Board on the basis of evidence produced at the aforementioned hearing has made the following determination of fact: • 1. That an application for a zone district text amendment was made consistent with the requirements of Section 10.00 of the Garfield County Zoning Resolution of 1978, as amended; BOCIK 868 pvi 4.92 2. That the Board of County Commissioners is authorized by the provisions of Section 30- 28-116, C.R.S. 1973, as amended, to provide for the approval of amendments to the Garfield County Zoning Resolution; 3. That the public 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 the hearing; That the Garfield County Planning Commission has reviewed the proposed zone district text amendments and made a recommendation as required by Section 10.04 of the Garfield County Zoning Resolution of 1978, as amended; 5. That the proposed text amendments are in the best interest of the health, safety, morals, 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 Zoning Resolution, adopted by this Board on the 2nd day of January, 1979, and identified as its Resolution No. 79-1, as subsequently amended by this Board, shall be and hereby is amended and said language will be incorporated into the codified Garfield County Zoning Resolution adopted by the Board on December 16, 1991 as follows: 2.02.53 - Water Impoundments: Impoundments with man-made barriers, constructed on natural terrain in order to control or store water and has a surface area of 80 surface acres or more at the high water line. 5.03.07 - Industrial rations: Industrial operations, including extraction, processing, fabrication, industrial support facilities, mineral waste disposal, storage, sanitary landfill, salvage yard, access routes and utility lines shall be permitted, provided: (1) The applicant for a permit for industrial operations shall prepare and submit to the Planning Director ten (10) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The impact statement shall address the following: (A) Existing lawful use of water through depletion of pollution of surface run-off, stream flow or ground water; (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; (C) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County; (E) That sufficient distances separate such use from abutting property, which might otherwise be damaged by operations of the proposed use(s); (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.0108 of this Resolution; (2) Permits may be granted for those uses with provisions that provide adequate mitigation for the following: • BOOK 868 : 493 (A) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issues; (B) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike mariner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds, or check shall be payable to and held by the County Commissioners; (C) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. 5.03.08 (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is ma de. 7.04 - CHANGE IN USE - A nonconforming use shall not be replaced by a use considered to exhibit a greater degree of nonconformity than the existing use; however, a nonconforming use may be replaced by a use considered to exhibit an equal or lesser degree of nonconformity than the existing use, the degree of conformity to be determined by the Planning Director based on the intent and purpose of this Resolution; a mobile home may be replaced by a permanent conventional single family dwelling provided it meets all other site requirements of this Resolution. 9.02.02 - Action by the Planning Director: The Planning Director shall utilize services of the Environmental Health Officer, the Building Official and Planning Department and other County and state officials or agencies to arrive at a determination that the proposed application is complete and addresses all issues required by this Resolution for consideration, but not in terms of adequacy of the information; and if the proposed application is complete, the Planning Director shall present the application to the County Commissioners for further proceedings. (A. 79-132) 9.02.03 - Action by the County Commissioners - Upon receiving an application for conditional sue permit from the Planning Director, the County Commissioners shall either (1) provide the applicant with an opportunity for a hearing, subsequent to which the County Commissioners may grant the conditional use permit on such conditions as are deemed necessary to effect the purpose of this Resolution; or (2) schedule a public hearing upon the conditional use application, at which the applicant and interested parties, including County representatives, will be provided an opportunity to express their opinions regarding such application, subsequent to which public hearing the County Commissioners may grant, or conditionally grant the conditional use permit on such conditions as are deemed necessary to effect the purposes of this Resolution. A hearing shall be held no later than thirty (30) days following the receipt of the Conditional Use Permit application unless such time is extended by the County Commissioners. The County Commissioners may refer a request for conditional use permit to the County Planning Commission for its review and recommendation. Public notice shall be provided in accordance with the provisions of Sections 9.03.04(1) and (2), if a public hearing is held. The concurring vote of the majority of the County Commissioners shall be necessary to decide that the conditional use permit shall be conditionally granted upon specific conditions. The County Commissioners shall take action on the conditional use permit application and notify the applicant of their decision, in writing, within fifteen (15) days following the public hearing. The decision shall state specific finding of fact relevant to all essential issues. If the permit is conditionally granted, such decision shall include reasons for conditions imposed. (A 79-132; 80-180). aoox .868 wr4.94 9.03.04 - Action by County Commissioners: An application for a Special Use Permit shall be approved or denied by the County Commissioners after holding a public hearing thereon in conformance with all provisions of this Resolution. Such hearing shall be commenced no later than sixty (60) days following the receipt of the Special Use permit application from the Planning Director as set forth in 9.03.03; or provided, however, that if they deem it appropriate, the County Commissioners may refer a request for a Special Use Permit to the County Planning Commission for its review and recommendation, in which case said public hearing before the Board of County Commissioners must be commenced within one hundred twenty (120) days of the receipt ofthe application. Any consideration ofthe Special Use Permit by the Planning Commission shall be undertaken at a public hearing for which the same notification has been given as that required for a hearing before the Board of County Commissioners. Notice for a hearing shall be the sole responsibility, and at the expense, of the applicant, and as otherwise provided shall be given as follows: (1) Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed Special Use an the time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least fifteen (15) days prior to the date of such hearing, and proof of publication shall be presented at the hearing by the applicant. (2) Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record or lots adjacent to the subject lot at least fifteen (15) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. The concurring vote of the majority of the County Commissioners shall be necessary to decide in favor of the applicant. The County Commissioners shall approve or deny the permit application and notify the applicant of their decision, in writing, within fifteen (15) days following the closure of the public hearing. The decision shall state specific findings of fact relevant to all essential issues. If the permit is denied, such decision shall include reasons for denial. Dated this. i`2ttdayof Al LEST: July Clerk of the Board vote: , A.D. 19 93 . GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman A7,4- Upon motion duly made and seconded the foregoing Resolution was adopted by the following Amer (Buckey) Arbaney Marian I. Smith Arnold L. Mackley , Aye Aye , Aye STATE OF COLORADO ) )ss County of Garfield BOOX 868c495 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. 19 . County Clerk and ex -officio Clerk of the Board of County Commissioners • •