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HomeMy WebLinkAbout3.0 Resolution 2018-451111 Elr1tr uo i:MU litnirMIIJ4.Ii 11 Ill Reception#: 911360 69/04/2018 04:21:05 PM Jean llberloo 1 of 3 Reo 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 Plaza Building, in Glenwood Springs, on Monday, the 13th day of August AD 2018, there were present: John Martin , Commissioner Chairman Mike Samson . Commissioner "l'om Jankovsky . Commissioner Kevin Batchelder , County Manager Kelly Cave , Assistant County Attorney Jean Alberieo , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 10% 4/5-- A RESOLUTION CONCERNED WITH THE DENIAL OF THE CAPPO PROPERTIES LLC APPLICATION FOR AN ADMINISTRATIVE LAND USE CHANGE PERMIT FOR A CONTRACTORS YARD, SMALL ON PROPERTY OWNED BY CAPPO PROPERTIES LLC, LOCATED TO THE EAST OF COUNTY ROAD 117, IN SECTION 34, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO. 2185-343-00-023 Recitals A. An application for a Contractor's Yard, Small was submitted by Cappo Properties LLC on property Located east of County Road 117, also known as Assessor Parcel No. 2185-343- 00-023, approximately 1.15 miles south of the City of GIenwood Springs (File No. GAPA-02-18- 8603). The property is 16.66 acres in size and is known as Sunlight Parkway as shown on the Amended Final Plat recorded December 1st, 2014 as Reception No. 856617. B. The Property is located within unincorporated Garfield County in the Rural (R) Zone District. C. A Contractor's Yard, Small may 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 1 3 1111 0%1E47 L 11 11 1 Recept ionki : 011360 09/0412018 06:41105 PM Jean A1Lurico 2 of 3 Roo Feel$0 00 Doc Fee:0.DO GARFIELD COUNTY CO Director of the Community Development Department by a Director's Decision Letter dated June 25, 2018. 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. E. The Board is authorized to approve, deny or approve with conditions a Land Use Change Permit, pursuant to the Garfield County Land Use and Development Code, as amended. F. The Board opened a public hearing on July 23`d, 2018, 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. The Board continued the Public Hearing until August 13th, 2018. G. The Board completed a site visit to the subject property on August 9th, 2018. H. On August 13th, 2018 the public and interested persons were given the opportunity to express their opinions regarding the application. I. The Board of County Commissioners closed the public hearing on August 13th, 2018 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 of County Commissioners. 2. 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 meeting. 3. That for the above stated and other reasons the proposed Cappo Small Contractors Yard application 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 does NOT adequately meet the requirements of the Land Use and Development Code of2013 including, but not limited to, Section 7-102, Compliance with the Comprehensive Plan; Section 7-103, Compatibility; and 7-301 Compatible Design. 5. That the application is NOT in general conformance with the 2030 Comprehensive Plan, including, but not limited to, Chapter 3, Section 4: Economics, Employment and Tourism, Policy #5, and Strategies and Actions #4. 2 lilt AMOR AI 11.0.1'111.1 Iniimph'ng i FIJI Reception$: 931380 OW 3of 3ZRec Feox$0 CORDr= Fae:0.00 GR FIELD COUNTY CO RESOLUTION NOW 'THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garlield County, Colorado, that based on the determination of facts set forth above, the Application for an Administrative Land Use Change Permit, for a Contractors Yard, Small, is hereby denied. Dated this _ day of 5 ritefl 54.2018. _ ATTEST: Clerk of the Board GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COT ' 7 0 Chainna Upon motion duly made and seconded the fo following vote: ng Resolution as adopted b COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY _Aye_ Aye_ , Nay_ STATE OF COLORADO )ss County of Garfield the 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 3