HomeMy WebLinkAbout8.0 Resolution 2007-94{
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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 PlazaBuilding, in
Glenwood Springs on Monday, August 6,2007, there were present:
.Iohn Martin , Commissioner Chairman
LarrvMcCown Commissioner
TrEsi Hount , Con-rmissioner
Don DeFord , County Attorney
Jean Alberico , Clerk of the Board
Ed Green , County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2OO7 -9 4
A RESOLUTION CONCERNED WITI{ THE DENIAL OF PLANNED TINIT
DEVELOPMENT AND ;PRELMINARY PLAN APPLICATIONS FOR ..fi{E RAPIDS
oN TIIE COLORADo" OWNED By RAPIDS DEVELOPMENT CORPORATION;
T}IE RAPIDS ON TTIE COLORADO HOMEOWNERS ASSOCIATION, AND GENE. R. HILTON AND MARY JO HILTON
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Planned Unit Development (PUD) and Preliminary Plan Application from
Rapids Development Corporation, The Rapids on the Colorado Homeowners
Association, and Gene R. Hilton and Mary Jo Hilton to rezone the subject 121.49 acres
from Agricultural / Industrial (AD and Agricultural / Residential / Rural Density (ARRD)
to Planned Unit Development and subdivide the property into 104 residential lots to be
served by a private central wastewater system and potable water system;
WHEREAS, the property subject to the PUD Application is located
approximately one mile west of New Castle on County Road 335 directly south of the
Colorado River in Section 4, Township 6 South, Range 91 West in the ARRD and AI
zone Disrict and is located in Study Area2 as identified in the County's Comprehensive
Plan of 2000 which further defines the property as being located within the "Area of
Urban Influence" for the Town of New Castle; and
WHEREAS, on January lO, 2007, the Garfield County Planning Commission
recommended the Board of County Commissioners approve the rezoning of the subject
property from ARRD & AI to PUD and a Preliminary Plan with conditions; and
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1AlAl'12@@7 @4:57:31 Pl'l Jean Alberico
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WHEREAS, on June l8th,2OO7, the Board of County Commissioners opened and
continued a public hearing to August 6,2007 upon the question of whether the rezoning
from ARRD and IA to PUD and Preliminary PIan should be granted, granted with
conditions, or denied at which hearing the public and interested persons were given the
opportunity to express their opinions regarding the Applications; and
WHEREAS, the Board of County Commissioners closed the public hearing on the
August 6,2007 to make a final decision; and
WHEREAS, the Board of County Commissioners on the basis of substantial
competent evidence produced at the aforementioned hearing, has made the following
determination of facts :
1. That proper publication, public notice, and posting was provided as required by law
for the hearings before the Planning Commission and before the Board of County
Commissioners.
2. That the public hearings before the Planning Commission and the Board of County
Commissioners were extensive and complete; all pertinent facts, matters and issues
were submitted; and that all interested parties were heard at those hearings.
3. That the proposed use is not in the best interest of the health, safety, morals,
convenience, order, prosperity and welfare of the citizens of Garfield County in that;
a. The development is not in character with the neighborhood and too dense for a
transitional zone I area of urban influence; and
b. There are unanswered concerns regarding legal and adequate water supplies and
an inadequate demonstration of potential impacts to wildlife on the property by
the development.
NOW, TIEREFORE, BE IT RESOLYED by the Board of County Comrnissioners of
Garfield County, Colorado, that based on determination of facts set forth above, the
rezone request from ARRD to PUD is DENIED and the Preliminary Plan request is
DENIED.
Dated ,rri, I 9"
day ot (k* , A.D. zoo7.
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ATTEST:GARFIELD
BOARD
COUNTY
OF
COMMISSIONERS,
G COI-INTY,
Upon motion
the following
John Martin , Aye
Larrv McCown , Nay
Trdsi Houot , 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
office.
IN WITNESS WIIEREOF, I have hereunto set my hand and affixed the seal of
said County, at Glenwood Springs, this
-
day of A.D.2007
County Clerk and ex-officio Clerk of the Board of County Commissioners
duly made and seconded the
vote:
by
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