HomeMy WebLinkAbout5.0 Resolution 2015-121111 rdra1 ii aie MO:44
Reception#: 859345
02/18/2015 12:56:03 PM Jean Alberico
1 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
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 Administration Building
in Glenwood Springs on Tuesday, the 17th day of February A.D. 2015, there were present:
John Martin
Mike Samson
Tom Jankovsky
Andrew Gorgey
Frank Hutfless
Kelly Cave
Jean Alberico
, Commissioner Chairman
, Commissioner
, Commissioner
County Manager
County Attorney
, Assistant County Attorney
, Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 401 /d
A RESOLUTION APPROVING A MINOR SUBDIVISION FOR WAYNE AND LOIS
VAGNEUR ON A 22.65 -ACRE PARCEL OF LAND LOCATED AT 60 FLYING FISH
LANE APPROXIMATELY 0.5 MILES WEST OF THE GARFIELD COUNTY/EAGLE
COUNTY LINE ON THE SOUTH SIDE OF OLD HIGHWAY 82, GARFIELD COUNTY
PARCEL NO# 2391-324-00-015
Recitals
A. An application for Administrative Review of a Minor Subdivision application was
submitted for a property described in a Warranty Deed recorded at Reception Number 394389 in
the office of the Garfield County Clerk and Recorder (the Vagneur Parcel).
B. The Director of Community Development is authorized to approve, deny or approve
with conditions a Minor Subdivision application resulting in issuance of a Land Use Change
Permit pursuant to the 2013 Land Use and Development Code, as amended (LUDC).
C. Prior to issuance of a Director decision, the Director of Community Development
called up the application to a public hearing before the Board of County Commissioners (the
Board) due to the requirement for public improvements in the subdivision which the Board must
authorize pursuant to the LUDC.
D. A public hearing was scheduled before the Board pursuant to Section 4-112 of the
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Reception4: 859345
02/1912015 12;56:03 PM Jean llberico
2 of 4 Rec Fee:$0.00 Doc Fee 0.00 GARFIELD COUNTY CO
LUDC.
E. The Board opened a public hearing on the 121h day of January, 2015 for consideration
of whether to approve, approve with conditions or deny the request for a Minor Subdivision and
Improvements Agreement, based upon compliance of the proposal with the applicable standards
and criteria required by the LUDC. The public and interested persons were given the
opportunity to express their opinions regarding the request at this hearing.
F. The Board closed the public hearing on 12`h day of January, 2015 to make a final
decision.
G. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
1. That proper public notice was provided as required for the hearing before the
Board of County Commissioners.
2. That the 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 that hearing.
3. That for the above stated and other reasons, and upon compliance with conditions
of approval, the request for a Minor Subdivision of the Vagneur Parcel is in the best
interest of the health, safety, convenience, order, prosperity and welfare of the
citizens of Garfield County.
4. That, upon compliance with adopted conditions of approval, the application is in
general conformance with the 2030 Comprehensive Plan, as amended.
5. That, upon compliance with adopted conditions of approval, the application has
adequately met the requirements of the Garfield County 2013 Land Use and
Development Code, as amended.
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 the resolution.
B. The Minor Subdivision of the Vagneur Parcel to create three lots is hereby approved
subject to compliance with the following conditions:
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1111 EV.r117140 Pi; •111
Reception#: 859345
02/18/2015 12:56:03 PM Jean Rlberico
3 of 4 Rec Fee:$0.00 Doc Fee:0 00 GARFIELD COUNTY CO
1. All representations of the applicant within the application and public hearing shall be
considered conditions of approval unless otherwise modified by the Board of County
Commissioners.
2. No further subdivision of these parcels is permitted by Minor Subdivision application.
3. Prior to BOCC signature on the Plat the Applicant shall provide Fee In -Lieu of School Land
Dedication in the amount of $1,104.33 made payable to the Garfield County Treasurer.
4. The Applicant has 90 days within which to satisfy conditions of approval and provide the
following documentation for BOCC signature and recordation:
a. A plat mylar with signed Certificates that include Dedication and Ownership, Title,
Taxes, Surveyor, and any mortgagees;
b. Improvements Agreement, and associated collateral, as approved by the County
Attorney's office;
c. Covenants, Condition and Restrictions, as approved by the County Attorney's office;
d. A Well Sharing Agreement, as approved by the County Attorney's office; and
e. Recording Fees.
Dated this 1 1 — day of
ATTEST:
R en/t.. rY--)
lerk of the Board
ARFIEL
OMMIS
OUNT
A.D. 20 t S
UNTY BOARD OF
S, GARFIELD
RADO
Chairman
i
Upon motion duly made and seconded t - fore oing_Resol tion was adopte
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TOM JANKOVSKY
y the
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Reception#: 859345
02/10/2015 12:56:03 PM Jean Rlberico
4 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO
)ss
County 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 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. 20 .
County Clerk and ex -officio Clerk of the Board of County Commissioners
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