HomeMy WebLinkAbout6.0 Resolution 2016-501111 r.rlr'ItiA AMPAdNir.1011. II1K1 M.Tlti'i1.11±i i, 11 11 1
Receptiontt: 880477
08/01!2016 04:25:38 PM Jean Alberico
1 of 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 Administration Building
in GIenwood Springs on Monday, the 11th day of July A.D. 2016, there were present:
John Martin
Mike Samson
Tom Jankovsky
Kevin Batchelder
Tari Williams
Kelly Cave
Jean Alberico
, Commissioner Chairman
, Commissioner
, Commissioner
, County Manager
, County Attorney
, Assistant County Attorney
, Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO.c7% J -5
A RESOLUTION MEMORIALIZING A REVERSAL OF A DIRECTOR DECISION TO
CONDITIONALLY APPROVE A ROAD SPLIT EXEMPTON ON A 280 -ACRE
PARCEL 7.5 MILES SOUTH OF THE TOWN OF NEW CASTLE ON CR 312
(GARFIELD CREEK) OWNED BY DONALD J. TRISCH. THE SITE IS LOCATED IN
SECTIONS 31 AND 32, TOWNSHIP 6 SOUTH, RANCH 90 WEST OF THE 6TH P.M.,
GARFIELD COUNTY
, PARCEL NO# 2183-322-00-001
Recitals
A. An Administrative application for a Road Split Exemption was submitted for a property
described in a Distribution Deed recorded at Reception Number 859328 in the office of the
Garfield County Clerk and Recorder ("Road Split Exemption").
B. The Director of Community Development is authorized to approve, deny or approve
with conditions an Administrative application that would result in issuance of a Land Use Change
Permit pursuant to the 2013 Land Use and Development Code, as amended (LUDC).
C. The Director of Community Development issued an administrative decision of
conditional approval of the Road Split Exemption pursuant to Section 5-202 of the LUDC.
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Reception#: 880477
09/0112016 04:25:38 PM Jean Alberico
2 of 3 Rec Fee:$0 00 Doc Fee:0.00 GARFIELD COUNTY CO
D. A request for call-up was submitted on May 19, 2016 from adjacent property owners
Lynn and Katherine Richardson requesting a public hearing before the Board of County
Commissioners (Board) pursuant to Section 4-112 of the LUDC.
E. The Board opened a public hearing on the 11th day of July, 2016 to consider whether to
uphold, modify or reverse the Director Determination conditionally approving the Road Split
Exemption, during which hearing the public and interested persons were given the opportunity to
express their opinions.
F. The Board closed the public hearing on the 11th day of July, 2016 to make a final
decision.
G. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, 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 and that all
interested, parties were heard at that hearing.
3. That for the above stated and other reasons the reversal of the Director Decision is
in the best interest of the health, safety, convenience, order, prosperity and welfare of
the citizens of Garfield County.
4. That the application has not met the required LUDC criteria to demonstrate that the
right-of-way prevents joint use of the proposed Lots.
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 Trisch Road Split Exemption is denied.
Dated this 1 �k day of
, A.D. 201 .
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1111 FOrdirMil ,'iiaii11l,'4:111111y Mi'I i11 III
Recept i on#t : 880477
08/01/2016 04:25:38 PM Jean Rlberico
3 of 3 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
ATTEST:
GARFIE
COMMI
OUNT
TY BOARD OF
GARFIELD
1 Clerk of the Board
Upon motion duly made and seconded
following vote:
Chair
e for
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TOM JANKOVSKY
STATE OF COLORADO )
)ss
County of Garfield )
, Aye
, Aye
, No
I, , County CIerk 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
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