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HomeMy WebLinkAbout5.0 Resolution 2019-461111 « te:111, ff1I:iIII Reception#: 924068 0loo 1 of 342019 Rea Fee:$©.0O Doo 00 :29 AM ,Fee:01rGARFIELD 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 Monday, the 20th day of May, 2019, there were present: John Martin Mike Samson Tom Jankovsky Tarri Williams Kelly Cave Jean Alberico Kevin Batchelder , Commissioner Chairman , Commissioner , Commissioner County Attorney , Assistant County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. ' �q —'- A RESOLUTION CONCERNED WITH THE DENIAL OF THE FLYING M RANCH PRELIMINARY PLAN APPLICATION PARCEL NO 'SW 2185-354-15-002, 2185-353-15-003, & 2185-353-00-060 Recitals A. An application for a Preliminary Plan application known as Flying M Ranch was submitted to the Board of County Commissioners, by Eastbank LLC and Roaring Fork School District RE -1 on three separate parcels located at 3927 County Road 154 and 228 Flying M Ranch Road, Glenwood Springs, CO. The properties are located approximately 0.65 miles south east of the City of Glenwood Springs. The Preliminary Plan request was for approximately 34 acres. B. The parcels are described as Parcel 1 of the Eastbank Lot Split according to the plat as recorded at Reception No. 770436, Lot 2 of the Eastbank Subdivision according to the plat as recorded at Reception No. 867716, and Lot 3 of the Eastbank Subdivision according to the plat as recorded at Reception No. 867716. C. The Properties are located within unincorporated Garfield County in the Rural (R) Zone District. D. The Board of County Commissioners is authorized to approve, deny or approve with conditions a request for a Preliminary Plan pursuant to the Land Use and Development Code of 1 1111 P./1211141 P'rl+l10.1Ilk 11111 Reception#: 924068 08/13/2019 09:53:29 RM Jean Alberico 2 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 2013, as amended. E. The Planning Commission opened a Public Hearing the 13th of February, 2019 for consideration of whether the proposed Preliminary Plan should be recommended for approval or denial. The Planning Commission continued the Public Hearing until February 27, 2019. F. On February 27, 2019 the public and interested persons were given the opportunity to express their opinions and submit information regarding the application. G. The Planning Commission closed the Public Hearing on February 27th, 2019 to make a final decision and recommended approval with conditions of the Preliminary Plan with a vote of 6-1 to the Board or County Commissioners. H. The Board of County Commissioners opened a public hearing on April 8th, 2019 for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. The Board of County Commissioners continued the Public hearing until May 6th 2019. I. The Board of County Commissioners completed a site visit to the subject properties on May 1St, 2019. J. On May 6th, 2019 the public and interested persons were given the opportunity to express their opinions regarding the application. The Board of County Commissioners continued the Public Hearing until May 20th, 2019. K. On May 20th, 2019 the public and interested persons were given the opportunity to express their opinions regarding the application. The Board of County Commissioners closed the Public Hearing on May 20th, 2019. L. The Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearings, 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 or could be submitted and that all interested parties were heard at that meeting. 3. That for the reasons stated herein, the request for the Preliminary Plan approval for Flying M Ranch, is NOT in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 2 111 C H4 V4il4LiftilaFtELMAI>IS Eit /1111 Recept ionic : 924068 08/13/2019 09:53:29 RM Jean Rlberico 3 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 4. That with the adoption of conditions, the application has NOT adequately met the requirements of the Garfield County 2030 Comprehensive Plan. 5. That the application has NOT adequately met the requirements of the Garfield County Land Use and Development Code of 2013, as amended, including, but not limited to Section 7- 103 Compatibility with regards to Density and Neighborhood Character, as well as other Board statements on the record. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that based on the determination of facts set forth above, the Application for a Preliminary Plan is hereby denied. Dated this I a day of ATTEST: GARFIELD COUNTY BOARD OF TONERS, GARFIELD UNTY, COLORADO lerk of the Board Chairm Upon motion duly made and seconded the forego _ ' solutio was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY Aye , Aye , Nay 3 1111 teall'Uti Fffilihn I'IJA'1 if rtfiLP M4144 11111 Reception#: 924068 08113!2019 09:53:29 AM Jean Alberico 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 CIerk of the Board of County Commissioners 4