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Home My WebLink About2.0 BOCC Staff Report 03.03.2013Exhibit Letter (A to Z) Exhibit A Garfield County Land Use and Development Code B Request Letter and Application form dated August 5, 2013 C Resolution 2012-76 D Staff Memo E Draft Resolution F G H I Tj Board of County Commissioners — Public Meeting Exhibits — September 3, 2013 Froning Subdivision Preliminary Plan Extension REQUEST APPLICANT / OWNER REPRESENTIATIVE LOCATION SITE DATA EXISTING ZONING eC September 3, 2013 KE MEMORANDUM Froning Subdivision Preliminary Plan Extension Paul and Linda Froning, Donald & Billie Froning and John and Karen Hatchett Mark Chain 0700 CR 107 (Red Hill Road) just north of the Town of Carbondale 31 -acres/ 5 Single Family Lots Rural 11 I 4 UU Arse, 1.1,140PAD roar • 5 al 4r.. FG<+ JE Ilei(. Ar.,1 REQUEST The Froning Family requests the Board of County Commissioners (the Board) grant a two- year extension to the Preliminary Plan which will expire on August 13, 2013. The request was submitted prior to expiration of the plan. The Garfield County Land Use and Development Code (LUDC) contains a provision that allows an Applicant to request extension of a Preliminary Plan pursuant to Section 4- 101 (I). 1 • C September 3, 2013 KE II BACKGROUND The Board granted Preliminary Plan approval for this subdivision on August 13, 2012, Resolution No. 2012-76, Exhibit C, with a one year timeframe in which the final plat application must be accepted as complete by the Community Development Department. Prior to the expiration of the approval the Applicants requested the Board consider an extension of the Preliminary Plan for a one year period. II. AUTHORITY Section 4-101 I. Extension of Conditional Approval. It is the Applicant's responsibility to timely satisfy any conditions of approval. Prior to the expiration of a conditional approval, however, the Applicant may request an extension of the expiration date as follows: 1. Supporting Documentation. Application shall be made to the decision maker that issued the original approval and shall include a written explanation of the reasons why the conditions have not been met and the estimated timeframe in which the conditions will be met or completed. 2. First Extension. a. Extensions of 1 year may be granted for all conditional Land Use Change approvals, and Subdivision or Conservation Subdivision Preliminary Plan approvals. b. Exemptions and Final Plat approvals may be extended by a period of 90 days. 3. Additional Extensions. Requests for longer periods of time, or additional time extensions following the first extension, shall be made to the decision maker that issued the original approval, prior to the expiration of the current approval. 4. New Application Required. If an Applicant fails to timely request an extension as set forth in section 4-101.1., the approval will be void and the Applicant must submit a new application for the desired Land Use Change or division of land approval notwithstanding the foregoing, the BOCC may grant an extension of an otherwise expired approval upon a finding by the BOCC that the failure to file for an extension was due to extenuating circumstances and that it benefits the public interest to grant the extension. III BOARD CONSIDERATION The Board may consider a one-year extension of the Preliminary Plan which would allow the Applicant additional time to satisfy conditions of approval and submit a technically complete Final Plat. Should the Board approve this request a Draft Resolution is included as Exhibit E. 2 • • STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Garfield County Administration Building, 108 8th Street, Glenwood Springs on Monday, the 3`1 day of September, 2013, there were present: John Martin Mike Samson Tom Jankovsky Frank Hutfless Carey Gagnon Jean Alberico Andrew Gorgey , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Assistant County Attorney , Clerk of the Board 1 County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXTENSION FOR THE FRONING SUBDIVISION PRELIMINARY PLAN LOCATED NORTH OF THE TWON OF CARBONDALE ON CR 107, GARFIELD COUNTY PARCEL NO. 2393-272-00-032 and 2393-273-00-031 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. On 3`d day of September, 2013, the Board considered whether a request for Preliminary Plan extension, to allow for an additional period of time for the Applicant to file a technically complete Final Plat, should be granted, granted with conditions, or denied at which meeting the public and interested persons were given the opportunity to express their opinions regarding the issuance of said extension. C. The Board of County acted on the basis of substantial competent evidence produced at the aforementioned meeting. D. The Preliminary Plan for the Froning Subdivision was approved by the Board on the 13th day of August, 2012 under Resolution No. 2012-76 for real property described in a Quit Claim Deed recorded at Reception Number 796982 and in a Special Warranty Deed recorded at Reception Number 755267 in the records of the Clerk and Recorder, • • Garfield County, Colorado. E. In accordance with the Garfield County Land Use and Development Code and the Preliminary Plan approval for the Froning Subdivision, the Applicant was required to file a technically complete Final Plat application prior to August 13, 2013. F. In accordance with the Land Use and Development Code, the Preliminary Plan approval for the Froning Subdivision, the Applicant filed a request for an extension of the Preliminary Plan. 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 this Resolution. B. The request for extension of the Preliminary Plan is consistent with the requirements of the Garfield County Land Use and Development Code. C. 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. D. The granting of a one-year extension is in the best interest of the health, safety and welfare of the citizens of Garfield County. E. A motion was made to approve the extension of the Preliminary Plan to allow for the filing of a technically complete final plat until August 13, 2014. The motion was approved by a vote of 3-0. Dated this day of , A.D. 2013. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Date Chairman • • Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin , Aye/Nay Mike Samson , Aye/Nay Tom Jankovsky , Aye/Nay 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. 2013. County Clerk and ex -officio Clerk of the Board of County Commissioners