HomeMy WebLinkAbout10.0 Resolution 79-23• •
RESOLUTION No. 79-3
A RESOLUTION PROVIDING FOR THE CONDITIONAL APPROVAL OF THE
SERVICE PLAN FOR THE PROPOSED WESTBANK METROPOLITAN DISTRICT
WHEREAS, on the 18th day of January, 1979, a Service
Plan for the proposed Westbank Metropolitan District was
filed by certain Petitioners with the Board of County Commis-
sioners of Garfield County, Colorado, (hereafter "Board")
pursuant to the provisions of Title 32, Article 1, Part 2
of Colorado Revised Statutes 1973, as amended; and
WHEREAS, the Garfield County Planning Commission,
at its meeting of the 14th day of February, 1979, approved
the concept of the proposed metropolitan district upon the
conditions that certain requirements were complied with;
and
WHEREAS, pursuant to proper and timely notice given
in writing and by publication, a public hearing was held
before the Board on the said Service Plan on the 26th day
of February, 1979, at the hour of 10:00 A.M.: and
WHEREAS, the Board has heard testimony and comments
at such hearing and has examined the Service Plan and the
evidence submitted at such hearing;
NOW, THEREFORE, BE IT RESOLVED, that the Board of
County Commissioners of Garfield County, based upon the
said Service Plan and the evidence presented at the afore-
said public hearing, makes the following findings:
(1) That the proposed district is incapable of
providing economical and sufficient service
to the area within its proposed boundaries
unless the golf course to be owned by the
proposed District remain available for the
use of the general public on an equal basis;
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(2) That the service plan presumes, but does not
specifically require, that the golf course
to be owned, by the proposed District remain
available to the general public on an equal
basis;
(3) That the services now provided within the
proposed District but which would be provided
by the proposed District are adequate for
present demands within the District and will
be adequate for future demands within the
District, unless development of lands south
and west of Westbank Ranch Subdivision Filings
1, 2 and 3, occurs substantially as set forth
in the proposed service plan, and at the
present time such development is speculative;
(4) That upon the approval of a final plat and
associated materials authorizing the subdivi-
sion and development of the lands within the
boundaries of the proposed District south and
west of Westbank Subdivision Filings, 1, 2,
and 3, substantial certainty will exist that
the services now provided within the proposed
District will not be adequate for future demands
within the District.
(5) That effective planning for the area within
the boundaries of the proposed District requires
that a time limitation be established within
which the aforementioned final plat approval
shall be granted, without which time limita-
tion the conditional approval of the proposed
District may affect similar conflicting pro-
posals at some time in the future.
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(6) That reasonable diligence on the part of the
parties upon whom the petitioners have relied
in presenting the Board.a Service Plan based
in part on the aforementioned development
would permit the approval of final plats of
the said proposed development and associated
County -required materials on or before the
12th day of December, 1979,
NOW, THEREFORE, BE IT RESOLVED, by the Board of
County Commissioners of Garfield County, Colorado, in
accordance with C.R.S. 1973, 32-1-208 (5), as amended,
that the Service Plan for Westbank Metropolitan District
(Proposed) Garfield County, Colorado, submitted to the
Board on the 18th day of January, 1979, be and hereby is
conditionally approved, upon the following conditions:
(1) That the Service Plan be modified on or before
the 12th day of December, 1979, unless other-
wise provided by the Board prior to such date,
to assure: the continued operation of the golf
course owned by the District as public facil-
ities available to the general public upon the
same basis as they are available to the resi-
dents of the District; and
(2) That the Service Plan be modified on or before
the 12th day of December, 1979, unless other-
wise provided by the Board prior to such date,
to reflect the approval of the final plats
and all associated County -required materials
for the subdivision and developments of those
lands within the boundaries of the proposed
District south and east of the existing West -
bank Ranch Subdivision Filings 1, 2 and 3,
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substantially as set forth in the proposed
service plan; and
BE IT FURTHER RESOLVED, that upon'.the submittal of
a modified Service Plan for Westbank Metropolitan District
in compliance with the conditions, the Board will then adopt
a Resolution indicating its approval of such modified Service
Plan.
Dated this 4214. day of , 1979
GARFIELD COUNTY
Attest: BOARD OF COMMISSIONERS
De utyOi11k of the
and
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Chairmzn
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