HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile:
REC VED
AUG 15 2005
CARNELU COUNTY
BUILDING a PLANNING
970.384.3470
Zone District / Comprehensive Plan Map Amendment
GENERAL INFORMATION
(To be completed by the applicant.)
➢ Name of Property Owner (Applicant): f rail 'Mani Rub+
➢ Address: 335 Vi 1k.Le 1)r. Telephone: ioo26 -4 IUP
➢ City: IRi fl e State: C.1) Zip Code: 2,11,10D FAX: 626 -t41 Uv
Ce i l 5530
➢ Name of Owner's Representative, if any (Planner, Attorney, etc):
N1P
D. Address: Telephone:
➢ City: State: Zip Code: FAX:
➢ Street Address / General Location of Property: b35 Y; 1109 e
Ric lei (D 81050 J
➢ Legal Description:J*11aCA of Iahri in li'e NE. 14 OVA of Sec.# . 20,
-60 54 to 911-N1 1 retie 4b we5+, lam 1)rihc.iia1 Meridicih
➢ Existing Use & Size of Property (in acres): I"esidf hf aI 8.44i I S
➢ Property's Current Zone District Designation P.LL11)
➢ Proposed Zone District Designation: kR.1?-1)
➢ Property's Current Comprehensive Plan Designation:
➢ Property's "Study Area" Designation:
big -c-6-1 .# 2171 ZOZ. bo '00 'Z.
STAFF USE ONLY
➢ Doc. No.: Date Submitted: TC Date:
➢ Planner: Hearing Date:
L APPLICATION SUBMITTAL REQUIREMENTS
As a minimum, specifically respond to all the following items below and attach any additional information to
be submitted with this application:
1. The Colorado Revised Statutes (CRS) establish general standards of review for rezoning land
iri the county. The standard used to review a rezoning request depends On whether the
proposed rezoning is in compliance with the Comprehensive Plan. If so, the proposed rezoning
need only bear a reasonable relationship to the general welfare of the community. If the
rezoning would be in conflict with the Comprehensive Pian, the Applicant generally needs to
show either 1) that an error was made in establishing the current zoning, or 2) that there has
been a change in the conditions of the neighborhood that supports the requested zone change.
Depending on the subject property's Comprehensive Plan designation as mentioned above,
you will need to appropriately address brie of the following standards in a narrative fOrrii being
as descriptive and specific as possible:-
A.
ossible:
A. The prOpOsed rezoning for the subject property is in compliance with the
Comprehensive Plan. As such, the proposed rezoning bears a reasonable
relationship to the general welfare of the community.
B. If the rezoning would be in conflict with the Comprelierisive Plan, the Applicant
generally needs to show either 1) that an error was made in establishing the current
zoning, or 2) that there has been a change in the conditions of the neighborhood that
supports the requested zone change.
2. If the proposed zoning of the subject property conflicts with the current designation as defined
on the Compreherisive Plan's Proposed Land Use Districts Map, an Applicant may wish to
amend the Comprehensive Plan designation so that the proposed rezoning does not conflict
with the Comprehensive Piari Map. If an Applicant requests to amend this Map, they will need
to provide a thorough narrative that shows how their proposed Comprehensive Plan
desi(lnation is better suited than the existing designation by addressing the (foals, obiectives,
policies, and programs fisted for that designation in the Comprehensive Plan. This information
can be obtained from the Building and Planning Department upon request.
3. Submit a zoning map showing the current zoning of the subject property and adjacent
properties.
4. Submit a vicinity map showing relative location of the property at a scale of 1" = 2000', and
extending at least'' 1z mile from all property boundaries.
5. Submit a copy of the appropriate portion of a Garfield county" Assessor's Map showing all
mineral rights owriers of the Subject properly and public and private landowners adjacent to the
property,
6. Submit a list of all property owners and their addresses adjacent to or within 200 if. of the site.
This inforrtiatiori can be Obtained from the Assessor's Office.
7. Subrriit a copy of the deed and a legal description of the subject property.
8. If you are acting as an agent for the property owner, you must attach an acknowledgement
froth the property owner that you may act in his/her behalf.
9. SUbniit payment of the $450.00 Base Fee' Applicant shall sign the "Agreement for Payment"
form and provide the fee with the application.
10. Submit 2 copies of this completed application form and all the required submittal materials to
the Building and Planning Department. Staff will request additional copies once the application
has been deemed technically complete.
il. PROCEDURAL REQUIREMENTS
(A Zone District Map Amendment is considered a two step process because it is first reviewed by
the Planning Commission which makes a recommendation to the Board of County Commissions.
The following steps outline how the Zone District Map Amendment application review process
works in Garfield County.)
1. Submit this completed application form (pages 1-4), base fee, and all subriiittal requirements to
the Gaffield County Planning Department. It Will be received and given to a Staff Planner who
will review the application for technical completeness.
2. Once the application is deemed technically complete, the Staff Planner will send you a letter
indicating the application is complete. In addition, the letter will indicate the dates and times
scheduled for your request to be heard before the Planning Comriiission during a public
meeting (no notice required) and the Board of County Commissioners during a public hearing
(notice required). The Planning Commission will forward a recommendation to the Board of
County Commissioners to be considered during a property noticed public hearing. Staff will
send you the appropriate "Public Notice Form(s)" indicating the time and date of your public
hearing and will provide you with a Staff Memorandum regarding your requested Zone District
Amendment. (If Staff determines your application to be deficient, a letter will be sent to you
indicating that additional information is needed to deem your application complete.)
3. Please note, if an application includes a request to amend the current designation as defined
on the Comprehensive Plan's Proposed Land Use Districts Map, the request may be
considered at the same meeting before the Planning Commission. However, the request to
amend the Comprehensive Plan shall be considered prior to the request to amend the Zoning
map. in addition, the Applicant shall be required to provide proper notice (as described below)
for the request to amend the Comprehensive Plan for the Planning Commission to hold a
public hearing an the request. Further, the Planning Commission is the final decision maker on
the Comprehensive Plan amendment request whereas the Planning Commission will make a
recommendation on the rezoning request to the Board Of County Corrirhissioners.
4. It is solely the Applicant's responsibility to ensure proper noticing Occurs regarding the public
hearing before the Planning Commission and / or the Board of County Commissioners. If
proper notice has not occurred the public hearing Will not Occur. Notice requirements are as
follows:
a. Notice by publication, including the name Of the applicant, description Of the subject lot,
a description of the proposed amendment and nature of the hearing, and the date, time
and plate for the hearing shall be given once in a newspaper Of general Circulation in
that portion of the County in which the subject property is located at least thirty (30) but
not more than sixty (60) days prior to the date of such hearing, and proof of
publication shall be presented at hearing by the applicant.
b. Notice by Man, containing information as described under paragraph (1) above, shall be
mailed to all owners of record as shown in the County Assessors Office Of lots within
two hundred feet (200) of the subject lot and to all owners Of mineral interest in the
subject property at least thirty (30) but not more than sixty (60) days prior to such
hearing time by certified return receipt mail, and receipts shall be presented at the
hearing by the applicant.
c. The site shall be posted such that the notice is clearly and conspicuously visible from a
public right-of-way, with notice signs provided by the Planning Department. The
posting must take place at least thirty (30) but not more than sbdy (60) days prior to the
hearing date and is the sole responsibility of the applicarit to post the notice, arid
ensure that it remains posted until and during the date of the hearing.
5. The Applicant is required to appear before the Planning Commission and the Board of County
Commissioners at the time and date of the public meeting / hearing at which time they will
consider the request. In addition, the Applicant shall provide proof at the hearing before the
Board 0f County Commissioners (and Planning Commission for an Amendment to the
Comprehensive Plan) that proper notice was provided.
6. once the Planning Commission and/ or the Board of County Commissioners make a decision
regarding the request(s), Staff will provide the Applicant with a signed resolution memorializing
the action taken by either Board. Following the Boards' approval, this office will change the
property's zoning designation on the zoning map and the Comprehensive Plan Map (if so
decided) if approved.
1 have read the statements above arid have provided the required attached information whleh is
correct and accurate to the best of my knowledge.
1/4.1eta,t/15/o5.
(Signature of applicant/owner) Date
Last Revised: 12/02/2002
We are requesting that our zoning be changed from RLUD to ARRD. Our property is
an 8.499 acre parcel on the northeast boundary of the Rifle Village South Subdivision.
It is bordered on the east side by property that is zoned ARRD and by a 6 acre parcel
on the west side that is RLUD. The northern side is bordered by property owned by
the Garfield County Board of Commissioners that consists of big gullies and that is
not viable for development. The southern property line is bordered by Village Dr.
The subdivision is completely surrounded by property zoned ARRD.
We need the zoning change to be able to apply for a special use permit that would
allow for an AUD on our property. We would like to provide a home for our parents
to help allow them to retire someday. We built a 3100 sq. ft. home 3 years ago and
would like to build a small home for them. Our current zoning within the subdivision
boundaries does not allow for ADUs. We do have approval from the City of Rifle for
water and sewer for another home.
The Rifle Village South Subdivision is a rural setting. This change in zoning would
be an extension of the zoning on the western boundary of our property and be very
consistent with the property surrounding the subdivision.
RECEIVED
MAR 0 7 2006
GARFIELD COUNTY
BUILDING & PLANNING
SUPPLEMENT TO
APPLICATION FOR REZONING
BRIAN AND TAANI RUST
Applicants own 8.49 acres of residential property located at 335 Village Road, Rifle Colorado.
Applicants seek to rezone the property from R/L/UD to the lower -density zone designation of
A/R/RD. The purpose of the rezoning application is to obtain zoning allowing an ADU.
The Comprehensive Plan Study Area for the property is "3". The current Comprehensive Plan
Designation is "Subdivision."
Here, the Comprehensive Plan Designation of"Subdivision" is consistent with Applicants' proposed
zoning of A/R/RD. A/R/RD zoning of the property also provides for a reduced density from
• R/L/UD, even with .the possibility of a future ADU. Further, the property is adjacent to other
A/R/RD-zoned property to the east. Therefore, the proposed rezoning of the property is in
compliance with the Comprehensive Plan and bears a reasonable relationship to the general welfare
of the community.
1
1
1 .1/
VI •
,)
.5400- " •
•
z
•
1-r •
: •
. 's •,,
. ,----•:.:.•:.-..-;:-•-•-`-,-‘ -) / \ S '- )
) •
L.. - - - .531J- - - ..- - — • { ". .
, .. - -. • ..1i- /thv,,,,,.4▪ , • ---='' r CII •
..„ ' . DI' .., . •
lt
,,,
...giverre '4 ..".",... 7.•
---4-- --io ---.---t- -"1" "ti • i ri i
ti
18 . — - - -.5iV .
• , 7'; •
• ' 1
10 .10
•
DITO
••• ()\,,
mtsiti
•
-WO
•-• •••••.. •
'11-1‘r:t ••
•"
j11,7: •
I
*---;\ • - I
,..
,
•-•-•_±i35.L..--;„.-
r'
, -
''' y. ,
•
1./'1
N. ,, _ ---z,...----- _. / • tri_ ‘ft 111.7 sbiv ,
1 ..
\ / 4*---
-----'---4-Tt''--. '..7--.--: ' ,--.---,: .
t. v ........,;...,...=6...-,\.:.:, _.• .-.._. :' ' ' " • ' --) ... • - . - ...„--ir-i '1-'4 no - -----;;.',-- -:-...,,,,- /,,,,_,- .
1 -,--n"*.,____: -.- • \ f. ,:.;•.„..---/.22:1 ,-- -- ---- , ..t: .-.:.--,:--..-.../ 1"---
,,,,--
--f-='1"1*-7-----=-.7-%>':-/e•-*/ fe''''''-'/'
. 1 '-,,:zs' • -
.........
).---/. ‘. . -9---:-.*,:;--1-,:.:. •:---.-1:-.://i'-zi..‘7.,..;:-/-.._,
. \
-,-,-
\.... -- 5
1,11;ito,,r Filtde
. .
. • __.,
' sik- I I 5915
:\.,.\\....,.._ , ._ '''..1.5,4,...., ,•,,, ...-„ ____,......t. .
.
• . , 1`, 1 7 )','
)
.,`
,..... i_ f. : . . .. .u .
50'
•
0....--•
/
,/
,. - -3::::-*------ -,1 ,- ,,,'
-i` 1
• ,,,
i
U1N-
(2591- \/, • O -A
I NORM MAMM PEAK/ r-/
4130"
4462 IV NE
SCALE 1:24 000
1
------ " F* -----,--1 - 1-•,•'•-•-1 f- L" . ' • -
1000 0 1000 2000 3000 4000 5000 1*.000 /000 If I 1
..) ._-__A . I- 4
1
.1)0 101 OMFIF.17
CONTOUR INTERVAl_ 40 FEET
NATIONAL GEODETIC VERTICAL DATUM OF 1929
1•111.T.
11I18 MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS
I•OR SALE IV 0, S. GLOLOGICAL SURVEY, DENVER, COLORADO 80225, OR RESTON, VIRGINIA 22092
A FOLDER DESCRIOING TOPOGRAPHIC MAPS AND SYMOOLS IS AMR ARLF ON REQUEST
COLORMX
Q1,1ADRAN1;1 1- 1.0
Revisions shown int:
taken 1979 and otht
field checked. Map
MArav sT .
356
Swallow Ln
,600m
fl. G ::.13_.) 01 0.,‘ '1840ft
is` Y V1
�' L Rifle
. n a a
;k < C.,-': E 4th 5t Y
W3rdStx `6 `�
cl
C 2nd 5l ,
W 2nd St Pioneer nrtch$ Kkilro;�ci Ave
Access Rd
r,
Colurrxdo
wd.
f
vs
2005 MapQuest. corn. Inc.; u7 2005 Tele Arias
FM
Ft,lle RulrOn Rd
NAVTEQ
O &DAM.]
V+Uiiget),
All rights reserved. Use Subject to License/Copyright
This map is informational only. No representation is made or warranty given as to its content. User assumes all
risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use.
PI
110,0'
80.0'
.71
0
F
A
0
C O L T DRIVE
C
u
0
J
QN
0
cu
J
0 J
ce
1
V
V
g
N 120.0' W
lrlinir Il `017% --?f11
90.32'20'8 830.0'
Mineral Rights Owners
Glenn & Eva Zastrow
330 McCarron Ave
Rifle, CO 81650
(one/half)
Lot Owner
2177-202-01-018
2177-202-01-019
Diamond Resources
P.O. Box 1054
Englewood, CO 80150-1054
2177-202-01-020 Estate of William Bowden
2177-202-01-021 6303 Co. Rd. 214
2177-202-01-022 New Castle, CO 81647-9786
2177-202-01-022 Board of County Commissioners
2177-202-01-023 Garfield County
2177-202-01-024 109 81h St
2177-202-01-025 Glenwood Springs, CO 81601-3360
2177-202-01-026
2177-202-01-027
2177-202-01-028
2177-202-01-029
2177-202-01-030
2177-202-01-031
2177-202-00-011 Ray Marques
481 Village Dr.
Rifle, CO 81650
2177-202-05-049 Ellen, Michael & Louis Kuper
434 Village Dr.
Rifle, CO 81650
2177-202-05-048 Benny & Tamara Terry
412 Village Dr
Rifle, CO 81650
2177-202-05-050 Nicole King
392 Village Dr.
Rifle, CO 81650
2177-202-05-035 Linda Loy
16 Remington St
Rifle, CO 81650
2177-202-05-041 Marco Carani
330 Village Dr.
Rifle, CO 81650
2177-202-05-042 Tamara Degler
296 Village Dr.
Rifle, CO 81650
2177-201-01-001 Virginia Burwell
0285 Village Dr.
Rifle, CO 81650
2177-201-01-002 Gretchen & Lemuel Harr
0245 Village Dr.
Rifle, CO 81650
2177-212-00-400 Rifle Mixed Ventures, LLC
C/0 Plaza Properties
3016 Maryland Ave
Columbus, OH 43209
1111111111111111111111111111111111111111111111111111111
'566122 08/13/2001 12 59P B1276 P659 RLSDORF
1 of 3 R 15.00 D 9.00 GARFIELD COUNTY CO
WARItANCY:DEED
•
THIS DEED, Made this 10th. day'of AUgust . •
RVS PARTNERS, LLC •
, I .,Jif • ,/4
of the said County of GARFIELD and State of COLORADO
BRIAN K. RUST AND TAANI 1.. RUST
whose legal address Is 102 COLT DRIVE
RIFLE, CO 81650
of the said County of GARFIELD and State of
2'001 between'
, grantor, and
COLORADO ,.grantee:
abeA q.
WITNESS, that the grantor, for and In consideration of the sum of ' NINETY THOUSAND & 00/100
DOLLARS, the receipt and sufficiency of which is hereby
•
acknowledged, has granted, bargained, sold and cbnveyed, and by these presents docs grant, bargain, sell, convey and confirm, unto the
grantees, their heirs and assigns forever, not In tenancy In common but In Joint tenancy, all the real property, together with Improvements,
If any, situate, lying and being in the said County of GARFIELD and Slate of Colorado described as follows:
SES EXHIBIT, "A" ,
also known by street and number as: UNKNOWN, RIFLE, CO 81650
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion
and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, Interest, claim and demand what-
soever of the grantor, either In law or equity, of, in and to the above bargilned premises. with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and
assigns forever. And the grantor. for himself. Itis heirs. and personal representatives, does covenant, grant, bargain, and agree to and with
the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good. sure, perfect, absolute and indefeasible estate of Inheritance, In law, in fee simple, and has good right, full power and
lawful authority to grant, .bargain, sell and convey the same In manner and form as aforesaid, and that the same are free and clear from all
fdmter and other grants, bargains, sales, liens, taxes, assessments, encumbrances and r .
ver kind or nature aoever. except
those spenitia Exceptions shown on the attached as
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises In the quiet and peaceable possession
of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular
number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
RVERS, LC
/ � A
MICHAELE.A ,, AGER
. x/r4-D trr G0t46izcan Eetr
111111111111111111111111111111111111111111111011111
586122 08/13/2001 12:59P 81278 P661 N nL6000F
3 of 3 R 15.00 0 9.00 GARFIELD COUNTY CO
EXHIBIT 1
01000061 EXCEI'TIONS
File Number,
1. Distribution utility easement° (including cable TV).
2 'Phone opec tf ical ly described rights of third parties not shown by the public
records of which Duyer has actual knowledge and which were accepted by Buyer in
accordance with paragraph Ob of contract Foran No. CBS 1-9-99 (Matters Not Shown
by the Public Records).
3. Inclusion of the Property within any npecial taxing district.
4. The benefits and burden° of any declaration and party wall agreements„ if any.
5. 2001 taxes and assessments, a lien not yet due and payable.
(tight of way for ditcher or canals constructed by the authority of the Ignited
Staten, au rcnervcd in United States Patent recorded Mary 23, 1955 in (look 282
at Page 5110.
Might of way for pipeline to be constructed .along the East line of NWT/4 of
Section 20, 'fp. 6 S., R. 93 W., as reserved by instrument recorded February 17,
1914 in Book 93 at Page 259 and June 20, 1930 in Book 159 at Page 156.
0. Right: of way of the '('own of Rifle to construct, operate and maintain a waste
water ditch across the El/21041/4 of Section 20, Tp. 6 ! Itg. 93 W., an granted
by instrument recorded April. 13, 1907 in (look 67 at Page 219.
9. One-half of the oil, gas, petroleum, hydrocarbons and mineral° on or within
subject property, together with the right to enter upon the same to prospect
for, mine and remove the cane, an reserved to Glenn T,. Zantrow and Eva M.
Zaotrow by instrument recorded August 12, 1960 in Book 329 at Page 168, and any
and all ancignrnento thereof or interests therein.
10. Terms, agreements, provisions, conditions and obligation° of Resolution No.
95-016, issued by the Board of County Comminslonern recorded March 1, 1995 in
(look 933 at Page 97 au Reception No. 475002.
11. Terms, agreements, provision°, condition° and obligations of Counnunitization
Agreement between the Bureau of (,and Management and Barrett Resources
Corporation, Yate° Petroleum Corporation, Yates Drilling Company, Aho
Petroleum Corporation, Nyco Industries, Inc:., and Oryx Energy Company rcc:orded
June 25, 1993 in Book 866 al. Page 095 as Itecepti.on No. 449092.
12. Grantee, or grantee's heir() or assigns, may not formally subdivide said
property for a period of five (5) yearn from the date of cloning (August 10,
2001) without written permission from grantor or grantor's heirs or assign».
//er Number: 01000861
SCHEDULE A
LI, i,AL., 1ESCRIP"PION
A TRACT OF LAND SITUATED IN THE NE1/4NW1/4 OF SECTION 20, TOWNSHIP 6 SOUTH,
RANGE 93 WEST, 6TH PRINCIPAL MERIDIAN, BEING LOCATED WITHIN THE BOUNDARY LINE
OF THE RIFLE VILLAGE SOUTH SUBDIVISION, FIRST FILING, AS FILED IN THE OFFICE
OF THE CLERK AND RECORDER OF GARFIELD COUNTY, COLORADO, AS DOCUMENT NO.
227220, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID NE1/4NW1/4, BEING AN IRON PIPE WITH
A BRASS CAP, PROPERLY MARKED AND IN PLACE;
THENCE S. 30 DEGREES 50'30" W. 2.40 FEET TO THE NORTHEASTERLY LINE OF A 60
FOOT STREET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT /66.46 FEET HAVING A RADIUS OF
212.1I FEET, THE CHORD OF WHICH BEARS N. 67 DEGREES 59'36"W. 162.24 FEET;
THENCE S. 89 DEGREES 31'19"W. 413.91 FEET ALONG THE NORTHERLY LINE OF SAID 60
FOOT STREET;
THENCE N. 00 DEGREES 32'20" W. 650.00 FEET TO THE SOUTHERLY LINE OF BLOCK 8 OF
SAID SUBDIVISION;
THENCE N. 89 DEGREES 31'19" E. 565.00 FEET ALONG THE SOUTHERLY LINE OF SAID
SUBDIVISION TO A POINT ON THE EASTERLY LINE OF SAID SUBDIVISION;
THENCE S. 00 DEGREES 32'20"E.710,:JepET ALONG THE EASTERLY LINE OF SAID
SUBDIVISION TO THE POINT OF BWIN1'1; NG.
COUNTY OF GARFIELD
STATE OF COLORADO
'.177-172-00-032 1- 2177-171-000--0044
e��`! it —//
C /, VVVVVV 9
- 954- \_. -.9-
(124Oafw
_ 129 955 130 `14r/
...0 - LYrERSrA]E 70
— __ _C'D 1-4i
f
SFE MAPI
dv7-2O?-OC-915
SEF IAP
21-7-201
3
M s:NN IMTDIvM
nVO.Y1 2A