HomeMy WebLinkAbout5.0 Resolution 2009-96®III1A1111WAMU VIakt, 4iniTltfh'N I'++.iI' 11111
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01f0a/2010 '1:16:36 AM Jean Alberico
1 e`. 3 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 Courthouse, in Glenwood
Springs on, Monday, the 14"' day of December A.D. 2009, there were present:
John Martin Commissioner Chairman
Trtsi Haunt , Commissioner
Mike Samson Commissioner
Deborah Quinn , Assistant County Attorney
Jean Alberico Clerk of the Board
Ed 6 : u (absent) County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2009-96
A RESOLUTION CONCERNED WITH IHE RECONSIDERATION OF A DIRECTOR
DECISION OF SUBSTANTIAL MODIFICATION RELATED TO A REQUEST TO
AMEND THE ROCK GARDENS PUD LOCATED IN NO NAME, GARFIELD COUNTY
PARCEL NO# 2185-024-000-46
Recitals
A. The Rock Gardens PUD was approval by the Board of County Commissioners at a
public hearing memorialized in Resolution No. 2004-69 and a PUI) zoning document and zoning
map is attarhed as exhibits to that Resolution.
B. The Director of Building and Planning of Garfield County, Colorado is authorized by
the Board of County Commissioners to review and determine the appropriate process and review
for Land Use Applications_
C. The Director received a request to amend the Rock Gardens Planned Unit
Development (PUD) to add "Ropes Challenge Course" as a use -by -right to the Camper
Park/Commercial Recreation District within the PUD.
D. The Director issued a Decision pursuant to Section 6-201 F. of the Unified Land Use
Resolution of 2008, as amended, that the proposed amendment to the PUD was a substantial
modification to the original approval granted by the Board.
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E. The Applicant requested that the Board of County Commissioners reconsider the
Decision made by the Director.
F. The Board of County Commissioners opened an advertised public hearing on the 14th
day of December, 2009 upon the question of whether to uphold the Director's decision, modify
the decision, or reverse the decision, during which hearing the public and interested persons were
given the opportunity to express their opinions regarding the amendment.
G. The Board of County Commissioners closed the public hearing on the 141' day of
December, 2009 to make a final decision.
1-1. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
1. Proper public notice was provided as required for the meeting before the Board of
County Commissioners.
2. The meeting 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 meeting.
3. For the above stated and other reasons, the Board of County Commissioners reversed
the Director decision and determined that the proposed amendment to the Planned
Unit Development is not a substantial modification to the original approval granted.
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 Director Decision is hereby reversed and the proposed amendment to the PUD shall
be further processed with a determination of no Substantial Change.
" ata1
Dated this � day of ' A.D. 20f0
A HEST:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
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01/09/2010 11:16:36 PM Jean Ptberico
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Upon motion duly made and seconded the fo . oing Resol : • . opted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER TRESI HOUPT
COMMISSIONER MIKE SAMSON
, Aye
Nay
Aye
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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