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Home My WebLink About4.0 Resolution 2008-05• " IIII V1111l7L AI IVit iLinCilliCti0I11 11I II I Reception#: 740795 01/08/2008 02:17:35 PM Jean Alberico 1 of 4 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 Plaza Building, in Glenwood Springs on Monday, the 17th day of December, 2007, there were present: John Martin Larry McCown Tresi Houpt Carolyn Dahlgren Jean Alberico Ed Green (Absent) , Commissioner Chairman , Commissioner , Commissioner , Deputy County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO.2 0 08-0 5 A RESOLUTION CONCERNED WITH THE APPROVAL OF A ZONE DISTRICT AMENDMENT FROM OPEN SPACE (OS) TO AGRICULTURAL / RESIDENTIAL / RURAL DENSITY (ARRD) FOR ONE PARCEL LOCATED APPROXIMATELY 3 MILES SOUTH OF THE CITY OF GLENWOOD SPRINGS AND DESCRIBED BY THE FOLLOWING PARCEL NUMBER AND LEGAL DESCRIPTION: Parcel: 239503400051 LEGAL DESCRIPTION- 13.76 here Parcel A parcel of land situated ir. Section 3, Township 7 South, Range 89 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: {With all bearings being based upon a brass cap found at the Center 1/4 Corner of said Section 3 and a no.5 rebar with plastic cap (illegible) found on the east west centerline of said Section 3 using a bearing of N89°53'31"E between the two described monuments_) Beginning at a point on the easterly line of Sunlight View II Subdivision. whence the said Center 1/4 Corner of Section 3 bears N63°42'59"E 44.77 feet, thence N83°37'08"E 351.07 feet, thence 548°50'37'E 28.22 feet, thence S89°53'31."W 1.28 feet, thence S00°63'52"E 1346.98 feet along the east line of the W1i2W1/2NW1/45E1/4 of said Section 3, thence S89°54'58"ti 64.74 feet along the south line of said W1/2W1/2NW3/4SE1/4, thence 500°32'33"E 50.58 feet, thence N89°57.33'W 267.06 feet, thence N00°35'219W 5.41 feet, thence N89°58'15'W 151.27 feet to a point on the said easterly line of Sunlight View II Subdivision, thence along said easterly line the following courses M00°05'16"E 595.65 feet, thence N66°07'12"W 199.29 feet, thence 33.25 feet along the arc of a curve to the left having a 25.00 foot radius, a central angle of 76°12'01' and subtending a chord bearing of S75°46'47'W 30.85 feet, thence 76.27 feet along the arc of a curve to the right having a 375.00 foot radius, a central angle of 11°39'10" and subtending a chord bearing of N43°30'22'E 76.14 feet, thence N49°19'57"E 25.55 feet, thence 50.38 feet along the arc of a curve to the left having a 25.00 foot radius, a central angle of 115°27'09' and subtending a chord bearing of 508°23'37"E 42.28 feet, thence 566'07'12"E 144.14 feet, thence 149°00.44"E 122.76 feet, thence N00828'30•0 650.48 feet tc the point of beginning containing an area of 13.78 acres, more or less. The Name and address of the person who created the above legal description is Jeffrey Allen Tuttle, L.S. 33638, Tuttle Surveying Services, 226 Heather Lane, Glenwood Springs, Colorado 81601. 1 1111 Pl1I,VN1M,N ,L 'Gl li7'G40tlird,IIlii 11111 Reception#: 740795 01/08/2008 02:17:35 PM Jean Alberico 2 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO WHEREAS, the Board of County Commissioners of Garfield County, Colorado received a request from Charlotte Zilm to rezone Assessor's Parcel Number 239503400051 from Open Space (OS) to Agriculture / Residential / Rural Density (ARRD); and, WHEREAS, on Wednesday November 28, 2007 the Planning Commission held a Public Meeting regarding the rezoning of the 13.78 -acre parcel. At this meeting, the Planning Commission voted 6-0 to recommend that the Board of County Commissioners rezone the 13.78 -acre parcel from Open Space (OS) to Agricultural/Residential/Rural Density (ARRD); and, WHEREAS, the Board of County Commissioners held a public hearing on the 17th day of December, 2007 upon the question of whether the zone district amendment should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said amendment; and, WHEREAS, the Subject Parcel was re -designated in the Garfield County Comprehensive Plan from "Medium/High Density Residential" (3-5 ac/du) and "Medium Density Residential" (6-9 ac/du) to "High Density Residential" (0<2 ac/du) in 1996 by Resolution 1996 -PC -1; and, WHEREAS, it is understood that the re -designation done under Resolution 1996 - PC -1 was for the primary purpose of facilitating what is now Sunlight View II PUD; and, WHEREAS, as a result of the aforementioned Comprehensive Plan re -designation and the subsequent approval and development of Sunlight View II PUD, the surrounding area is designated "Subdivision" while the Subject Parcel is still designated "High Density Residential"; and, WHEREAS, at the hearing before the Board of County Commissioners on December 17th, 2007 the Applicant testified that the Subject Parcel is privately owned and was zoned Open Space (OS) because the parcel was owned by the Bureau of Land Management (BLM) prior to acquisition by the Applicant. Further, the Subject Parcel was never rezoned after conveyance from the BLM to the Applicant and therefore there could be a potential error in zoning; and, WHEREAS, the proposed rezoning of Agricultural/Residential/Rural Density (ARRD) conflicts with the contemplated density (High Density Residential — 0 to less then 2 acres per dwelling unit) as outlined in the Comprehensive Plan of 2000; and, WHEREAS, the Board of County Commissioners, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: 1. That proper notification was provided as required by law for the meetings and hearings before the Planning Commission and before the Board of County Commissioners. 2 111141171/10,141i JL41,i 1111 Reception#: 740795 01/08/2008 02:17:35 PM Jean Rlberico 3 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 2. That the public meetings and hearings before the Planning Commission and the Board of County Commissioners were extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings. 3. That the application has met the requirements of the Garfield County Zoning Resolution of 1978, as amended. 4. That Section 3.09 of the Zoning Resolution of 1978, as amended, states that "the Open/Space District shall include all land owned by the U.S. Government or the State of Colorado in an unincorporated area of the County, and not included in any other zone district." 5. The Subject Parcel is abutted by the Open Space (OS), Planned Unit Development (PUD), and AgriculturaUResidential/Rural Density (ARRD) zone districts. 6. That the proposed zone district amendment has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 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 request is approved to rezone Assessor's Parcel Number 239503400051 from Open Space (OS) to Agriculture / Residential / Rural Density (ARRD). f± - Dated this 7 day of JcottA.A4Aer, A.D. 2008. An EST: GARFIELD COUNTY BO • ' OF C• ISSI�NERS, G,L 1 LD COUNTY, rk of the Board Upon motion duly made and seconded the fore the following vote: John Martin Larry McCown Tresi Houpt ing Res ted by , Aye , Aye , Aye 3 ■iii r U kV Iain, � , � +rn � �,«� �� 1i ii i Reception#: 740795 01/08/2008 02:17:35 PM Jean Alberico 4 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield 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. 2008 County Clerk and ex -officio Clerk of the Board of County Commissioners 4