Loading...
HomeMy WebLinkAbout3.0 Resolution 2018-04' III IM'!2 At RI F::Gri l iiiffM115ikx'c11 111 Reception#; 902273 01/16(2018 04,23:35 PM Jean Alberico 1 of 4 Rec Foe•$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 Plaza Building, in Glenwood Springs, on Monday, the 18th day of December AD 2017, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky . Commissioner Kevin Batchelder , County Manager Tari Williams , County Attorney Kelly Cave . Assistant County Attorney Jean Alberico , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. ev/t'U/ A RESOLUTION CONCERNED WITH THE DENIAL OF THE PEACH VALLEY RIVER PARK FESTIVAL APPLICATION FOR AN ADMINISTRATIVE LAND USE CHANGE PERMIT FOR A PUBLIC GATHERING ON PROPERTY OWNED BY TOM AND NAOMI LAIDLAW, LOCATED APPROXIMATELY 2 MILES SOUTHWEST OF THE TOWN OF NEW CASTLE, IN SECTION 5, TOWNSHIP 6 SOUTH, RANGE 91 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO. 2181-053-00-294 Recitals A. An application for a Public Gathering was submitted by Tom and Naomi Laidlaw on property located at approximately 2 miles southwest ofthe Town of New Castle (File No. GAPA-07-17-8568). The property is approximately 75 acres in size. Ownership of the property is described in a Bargain and Sale deed filed for record at Reception Number 827437 in the office of the Clerk and Recorder. B. The Property is located within unincorporated Garfield County in the Rural (R) Zone District. 1 •I III Reception#: 902273 01/15120tB 04:23.35 PM Jean falberico 2 of 4 Ren Fee:$3.05 Doc Fee:0.00 GARFIELD COUNTY CO C. A Public Gathering may be permitted in the Rural (R) zone district with an Administrative Land Use Change Permit. D. The Application was referred to the Board of County Commissioners by the Director of the Community Development Department. The decision to refer the Application to the Board for a decision was in accordance with Section 4-103(B)(4)(B) of the Garfield County Land Use and Development Code, as amended (the "Code"). E. The Board is authorized to approve, deny or approve with conditions a Land Use Change Permit, pursuant to the Code. F. The Board opened a public hearing on December 18, 2017, for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. G. The Board closed the public hearing on December 18, 2017 to make a final decision. H. The Board, on the basis of substantial competent evidence produced at the aforementioned hearing, made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board. 2. The hearing before the Board was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Land Use Change Permit for a Public Gathering on the Property is not in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County; 4. That the Application failed to adequately demonstrate compliance with applicable Standards of the Code including, without limitation, Section 7-103 Compatibility, with regards to, security, the railroad, the loss of farming, noise, pollution, land and water, traffic, and general logistics. 2 ■IIIP1r: zx,011ii HMV 11111 Reception#: 902273 01/15/2018 04:23:36 PM Jean Alberico 3 of 4 Rec Fee.$0.00 Doc Fee:0.00 GARFIELD COUNTY CO RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that based on the determination of facts set forth above, the Application for an Administrative Land Use Change Permit for a Public Gathering, is hereby denied. Dated this / day of Cjo. 2018. ATTEST: GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, GARFIELD OUN'1'Y, C # i ' • DO Cle of the Board Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO )ss County of Garfield Aye_ , Aye_ _Aye_ I, . County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 3 lIlf 1F1irAMMUNMMIlMwil41 if III Reception#: 902273Jean Rlberioa 4ioI 4 Reo Fee:$LO0 AN Fee:0.00 GARFIELD COUNTY CO County Clerk and ex -officio Clerk of the Board of County Commissioners 4