HomeMy WebLinkAbout3.0 Resolution 2019-35?{,,,i,-'i$i$"#Jf :'åli#i|,j:Tj¡*H*&*''
STATE OF COLORADO )
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County of Garfield )
At a remote meeting of the Board of County Cornmissioners for Garfield County,
Colorado, held in the Parachute Branch Library in Parachute, Colorado on Monday, the l Tth day
of June A.D. 2019, there were present:
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Commissioner Chairman
Commissioner
Commissioner
County Attorney
Assistant County Attorney
Clerk of the Board (absent)
County Manager
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when the following proceedings, among others were had and done, to-wit:
RES oLUrroN No. zútq -35
A RESOLUTION OF DDNIAL F'ORA TEXT AMENDMENT TO THE BATTLEMENT
MESA PUD GIIIDE AND DISTRICT REGULATIONS TO ADD ÄGRICULTURAL
USES AS A USE BY RIGIIT TO SPECIFTC AREA,S Otr'' TH.r. BATTLEMENT MESA
PUD, LOCATED SOUTITEAST OF'AND "ADJACENT TO THE TOlryN OX"
PARACHUTE, GARtr'IELD COUNTY, COLORADO.
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a
request for a PUD Text Arnendment to allow agricultural uses as a use by right within certain
spécified geographical locations within the Battlement Mesa PtlD ("PUD"). The Applicatïon was
submitted by Battlement Mesa Land Investments Parcel I LLC in eonjunction with Battlement
Mesa Company LLC (File No. PUAA-03-19-8717),
B. The PUD Text Amendment Application, including amendments proposed by the
Applicant, requests that âgricultural uses (including but not limited to the potential cultivation of
hemp, potatoes, hops and alfalfa) be allowed as a use by right in certain areas of the PUD.
C. The Battlement Mesa PUD is located within unincorporated Garfield County and is
fi¡rther described in Resolution No. 82- I 2 l, recorded as Reception No. 333476 includïng the PUD
Zone District Map, and is southeast of and adjacent to the Town of Parachute.
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4. Based on the impacts of the proposed PUD Text A¡nendment including but not limited to
the potential for air quality impacts, noise impacts, odor irnpacts, and related nuisance
impàcts, the Application has not met the requirements of the Garfield County Zoning
Resolution of 1978 in accordance with the Battlement Mesa PUD approval ResolutionNo.
82-l¿l and the provisions set forth therein, inctuding but not limited to the Sections
described below:
a. That the Application is not in compliance with Section 4.02: Purposes and Objectives
ofDeveloprnent including but not limited to Subsections (8) conservation of the value
ofthe land; and (9) encouraging preservation ofthe site's natural characteristics.
b. That the Application is not in compliance with Section 4.04 as the proposed PUD Text
Amendment does not reflect general conformance with the County's Comprehensive
PIan íncluding conflicts with the Residential High Density Designation for the site.
c. That the Application is not in compliance with Section 4.06 as the proposed PLID Text
Arnendrnent includes land use that would prove incompatible with existing residential
land use.
d. That the Application is not in compliance with Section 4.07.03, Subsections (1) related
to unreasonable adverse effects on the surrounding area being minimized and (4)
provision of adequate Comrnon Open Space and the optimum preservation of the
natural features ofthe terrain.
e. That the Application has not adequately demonstrated compliance with Section 4.07.09
related to provision of Common Open Space.
f. That the Application is not in compliance with 4.12.03 (2) as the Proposed Text
Amendrnent will affect in a substantially adverse manner the public interest based on
nuisance impacts including but not limited to air quality, noise, and odor on residential,
commercial, busíness center, and public, semi-public, and recreational uses within the
PUd.
5. That the Application is not in general conformance with the Garfield County
Comprehensive Plan.
RESOLUTION
NO\il TIIEREFORE, 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
PUD Text Amendment is hereby denied'
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