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STATE OF COLORADO
Cormty of Garfield
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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, the 5tr day of August,2013, therc were present:
John Martin . Commissioner Chairman
Mike Samson . Commissioner
Tom Jankovskv . Commissioner
Carev Gasnon , Assistant County Attorney
Jean Alberico . Clerk ofthe Board
Andrew Gorsev , County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. I OT.I - 4?
A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXTENSION FOR
IRONBRJDGE, PHASE III PRELIMINARY PLAN LOCATED WITHIN T}IE
IRONBRIDGE PI.JD ON A PARCEL OWNED BY LB ROSE RANCH LLC, AS
DEBTOR A}.ID DEBTOR'TN POSSESSION
PARCEL NO. 239s-0 t2-26-001
Recitals
A. Garfield County is a legal and potitical subdivision of the State of Colorado for
which the Board of County Commissioners (Board) is authorized to act.
B. On 5ffi day of August, 2013, the Board of County Commissioners (the Board)
opened a public meeting upon the question of whether the extension to file a Final Plat
should be granted, granted with conditions, or denied at which meeting the public and
interested persons were given the opportunity to express their opinions regarding the issuance
of said extension.
C. The Board acted on the basis of substantial competent evidence produced at the
aforernentioned meeting.
D. The Preliminary Plan for the "Ironbridge, Phase III" subdivision was approved
by the Board on the day of March 10, 2008 under Resolution No. 200842 for real
property currently owned by LB Rose Ranch LLC, as Debtor and Debtor in Possession in
its Chapter I I Case in the United States Bankruptcy Court of the Southern District of
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New York, Case No. 08-13555, Garfield County, Colorado.
E. [n accordance with the Garfield County Land Use Resolution of 2008, as
amended, and the Preliminary Plan approval for "lronbridge, Phase III" subdivision, the
Applicant is required to file a Technically Complete Final Plat application prior to March
10,2009.
F. The Board considered a one-year extersion of the Preliminary Plan at a Public
Meeting held on March 2,2009 and approved a one year extension to file a Technically
Complete Final Plat to March 10,2010.
G. The Board considerod a one-year extension of the Preliminary Plan at a Public
Meeting held on June 7, 2010 and approved a one year extension to file a Technically
Complete Final Plat to March 10, 201I as memorialized in Resolution 2010-44.
H. The Board considered a two year extension of the Preliminary Plan at a Public
Meeting held on Febnrary 7, 20ll and approved a two year extersion to file a
Technically Complete Final Plat to March 10,2013 as memorialized in Resolution 20ll'
09.
I. The Ironbridge Phase III Preliminary Plan expired on March 10, 2013 without
submittal of a technically complete final plat or request for extension of the Preliminary
Plan. On July 15, 2013 the Land Use and Development Code of 2013 (LUDC) was
adopted by the Board of County Commissioners, effective immediately. The LUDC
authorizes the Board to consider extension of an expired Preliminary Plan in Section 4-
101 (IX4) upon a frnding by that the failue to file an extension was due to extenuating
circumstances and that it benefits the public interest to grant the extension.
J. The Board considered a two year extension of the Preliminary Plan at a Public
Meeting held on August 5,2013 and found that extenuating circumstances did exist in the
failure to request the necessary extension and that an extension would benefit the public
interest. Those circumstances include the fact that
Resolution
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of this Resolution.
B. The public meeting before the Board of County Commissioners wasi extensive
and complete; all pertinent facts, matters and issues were submitted; and all
interested parties were heard at that hearing.
C. The requested extension is in the best interest of the health, safety and welfare of
the citizens of Garfield County.
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D. The request for an extension of the Ironbridge Phase III heliminary Plan shall be
approved. Applicant is required to file a Technically Complete Final Plat
application prior to March 10, 2015.
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Datedthis 5ts aay ot 0/u-N,A.D.2013.
ATTEST: GARFIELD COT.,NTY
COUNTY, COLORADO
OF COMMISSIONERS, GARFIELD
Upon motion duly made
following vote:
Tom Jankovskv l- ,
STATE OF COLORADO
Cotutty of Garfield
I,County Clerk and ex-officio Clerk of the Board of
County Commissioners in and for the County and State aforesaid do hereby certiff 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
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day of
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A.D. 20l l
Courty Clerk and ex-officio Clerk of the Board of County Commissioners
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