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HomeMy WebLinkAboutResolution 2007-87Reoeption#: 733555 e9J22/2OD7 03:a4:2B PM .}Can Plb rico 1 of 4 Ree Fee:50.00 Doc Fee 2.40 GRRF:ELD COUNTY GO 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 Morld4y the 4th of September, 2007, these were present: John Martin Larry McCown Tresi Houtrt Carolyn pato aren Jean Albe.rico Ed Green (Absent) , Commissioner Chairman , Commissioner , Commissioner Deputy County Attorney Clerk of the Board , County Manager when the following proceedings, among others wore had and done, to -wit: RESOLU'T'ION NO. 2007 — 87 A RESOLUTION AMENDING THE EJ XT OF PARAGRAPH A ANI) PARAGRAPH G OF SECTION IH OF THE RESIDENTIAL/MULTI-FAMILY, FOURPLEX DISTRICT (RIM.F.4), OF THE WEST BANK RANCH PUD (RESOLUTION NUMBER 93-084) AS RECORDED ON OCTOBER 13TH, 1993 UNDER RECEPTION NUMBER 453630, BOOK 878 AND PAGE 456 AND ASSOCIATED ZONING REGULATIONS (BOOK 0878 ANO PAGE 463), 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 cif 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 the 13th day of October, 1993. the Board of County Commissioners of Garfield County, Colorado, adopted Resolution No. 93-084 concerning a Zoning Resolution for the County of Garfield, State of Colorado; and WHEREAS, on July 11, 2007, the Garfield County Planning Commission recommended approval of the proposed text amendment to Paragraph A and Paragraph G of Section ICI of the Page 1 of 4 till NI. LIM i'f11:'1 rE *i IN 11 ill Reoeption#; 733565 0120/2007 @3:00:28 PR Baan Albericc 2 0, A Rec Fee•$G.DD floc Fee:0 De GARFIELQ Cour7TY .o Residential/Multi-Family, Fourplex Zone District (R/NI.F.4), of the West Bank Ranch PMD (Resolution Number 93-084) as recorded on October 131', 1993 under Reception Number 453630, Book 878 and Page 456 and associated Zoning Regulations (Book 0878 and Faze 463); WHEREAS, a public hearing was held on the 4th day of September, 2007 before the Board of County Commissioners of Garfield County, Colorado, at the Commissioners meeting room, Suite 100, Garfield County Administrative Building, 108 8th Street, Glenwood Springs, Colorado, as to which hearing, 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 the meeting before the County Planning Commission and 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; 2. The proposed modification, removal or release of the provisions of the Plan by the Col my does not affect the rights of the residents, occupants and owners of the PUD to maintain and enforce those provisions at law or in equity; 3. The PUD text is consistent with the efficient development and preservation of the entire PUD [and the modification] does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the PUD, or the public interest, and is not granted solely to confer a special benefit upon any person; 4. That the proposed PUD Amendment has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County; 5. That the application has rnet the requirements of the Garfield County Zoning Resolution of 1978, as amended, specifically Sections 4.12.03. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield Counry, Colorado, that the West Bank PUD, adopted on the 13th day of October, 1993, and identified as its Resolution No. 93-084 and associated Zoning Regulations (Book 0878 and Page 463), shall be and hereby is amended and said language will be incorporated into the West Bank PUD as shows, on the attached Exhibit A: Page 2 of 4 �I11!€f4fr&71rEfniti" iFis6li0111(I / MI Irma al Reception#: 7335G5 VAi'..012007 n3:0D:28 PM Jean Alberio❑ 3 G: 4 Rec Fee:SO.00 Deo Fee;O.Os CARFFELD COUNTY CO day of ADOPTED this ATTEST: Clerk ' the Board e• , 2007 GARFIELD COUNTY BOARD OF C4SS]ONERS, GARFIELD CUNT, COLORADO 1 Chai Upon motion duly made arud seconded the fordoina Resoltr= n was adopted by the { f� following vote: Larry McCown , Tres Houpt ; Aye John Martin • , Aye STATE OF COLORADO ) }ss Coimty of Garfield ) 1, , 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 sea] of said County, at Glenwood Springs, this day of , A.D. 2007. County Clerk and ex -officio Clerk of the Board of County Commissioners Page 3 of 4 ,III Es1.1171iciiiC i,(4/1Uf a iI '101r1411`1fIklifi11i 11111 Receptfon#i: 733555 04/20/2007 03:04.26 PM Jean Alberico 4 or 4 Roc F•o:ED OD Doc Foo!0.80 GARFIELD COUNTY CO EXHIBIT A Westbank Ranch PUD Zoning Regulations (Book 878, Page 463 and Page 464) Section III. R/M.F.4 -- Residential/Multi-Family, Fourplex District A. Uses, by right: ADD: "Communications Facility" G. Maximum Building Height CHANGE TO: "55 feet" Page 4 of 4