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Reception 784389
04/07/2010 04:23-02 PM Jean Alberico
1 of 3 Rec Fee:$0 00 Doc Fee -0.00 GPRFIELD COUNTY CO
STATE OF COLORADO )
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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 Plaza Building, in
Glenwood Springs on Monday, the 15th day of March 2010, there were present:
John Martin , Commissioner Chairman
Mike Samson , Commissioner
Tresi Houpt , Commissioner
Deborah Quinn , Assistant County Attorney
Jean Alberico , Clerk of the Board
Ed Green , County Manager (absent)
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2010-16
A RESOLUTION CONCERNED WITH AN AMENDMENT TO THE APPROVAL OF
REQUIRED REVEGETATION / RECLAMATION SECURITY FOR THE "VALLEY
VIEW COMMONS" PRELIMINARY PLAN LOCATED WITHIN THE
BATTLEMENT MESA PUD ON A PARCEL OWNED BY DARTER, LLC,
GARFIELD COUNTY
PARCEL NO. 2407-181-02-002
Recitals
A. Garfield County is a legal and political subdivision of the State of Colorado for
which the Board of County Commissioners (Board) is authorized to act.
B. The Preliminary Plan for the "Valley View Commons" subdivision was
approved by the Board on May 19th, 2008 under Resolution No. 2008-72 for real property
described in the document recorded at Reception No. 702986 of the real estate records of
Garfield County, Colorado.
C. The Applicant obtained a Grading Permit from the Garfield County Building
Department on September 4th, 2008. As a part of this Grading Permit, the Applicant
supplied Garfield County with a Letter of Credit in the amount of $106,000 to revegetate
and rehabilitate the site to its original condition. Subsequently, the Applicant graded the
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subject property in accordance with the approved Preliminary Plan for "Valley View
Commons".
D. On May 11th, 2009, the Board of County Commissioners approved a
conditional one year extension of the Preliminary Plan.
E. On July 13th, 2009, by Resolution 2009-51 (Reception No. 771779), the Board
of County Commissioners amended the conditions of the one year extension of the
Preliminary Plan.
F. On August 17, 2009, by Resolution 2009-62 Reception No. 774676 Board of
County Commissioners amended the conditions of the one year extension by allowing the
Applicant until September 14, 2009 to provide (1) a new Letter of Credit and (2) a
schedule for implementing site stabilization measures.
G. At a meeting on September 14th, 2009, the Board of County Commissioners
learned that the Applicant had provided a new Letter of Credit and a schedule for site
stabilization required by Resolution 2009-62. The Board also learned that the March
27, 2010 expiration date of the new Letter of Credit occurs prior to the May 19, 2010
expiration of the Preliminary Plan approval.
H. In connection with the possible draw on the Letter of Credit, the Applicant
agrees to waive any notice and hearing requirements under Garfield County Unified Land
Use Resolution of 2008, Section 13-106 unless the Applicant requests a public hearing by
February 3, 2010.
1. At a meeting on March 15th, 2010, the Board of County Commissioners
agreed to release the Letter of Credit (LOC) in the amount of $106,000 so that it would
be replaced with a cash security of $17,250 by way of a Treasurer's Deposit Agreement
to be submitted by Darter, LLC to the County prior to the release of the LOC. The Board
of County Commissioners understood that this cash security shall remain in place until a
separate security is approved by the County as part of the Subdivision Improvements
Agreement with an approved Final Plat.
Resolution
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that:
1. The forgoing Recitals are incorporated by this reference as part of this Resolution.
2. The public meeting before the Board of County Commissioners was extensive
and complete; all pertinent facts, matters and issues were submitted; and all
interested parties were heard at that hearing.
3. The previously approved revegetation / reclamation security provisions required
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D4(07/2010 04.23:02 PM Jean Alberico
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by Resolutions 2009-62 and 2009-68 are amended by this Resolution in the
following manner:
A) The Letter of Credit (LOC) in the amount of $106,000 will be replaced with a
cash security of $17,250 by way of a Treasurer's Deposit Agreement to be
submitted by Darter, LLC to Garfield County prior to the release of the LOC.
Upon receipt of the deposit, the LOC will be released.
B) This cash security shall remain in place until a separate security is approved
by the County as part of the Subdivision Improvements Agreement with an
approved Final Plat.
Dated this day of
, A.D. 2010.
ATTEST: GARFIELD COUNTY B • ARD OF COMMIS ERS, GARFIELD
COUNTY, COLORADO
Upon motion duly made
following vote:
John Martin
Mike Samson
Tresi Houpt
STATE OF COLORADO
)ss
County of Garfield
, Aye
, Aye
, Aye
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.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D. 2010
County Clerk and ex -officio Clerk of the Board of County Commissioners