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Home My WebLink About4.0 Resolution Draft6 a0STATE OF COLORADO County of Garfield At a meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners'Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday, the 20th day of May,2002, there were present: John Martin Commissioner Chairman Larrv McCown . Commissioner Walt Stowe , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to-wit: RESOLUNON NO. A RESOLUTION CONCERNED WITH THE APPROVAL OF A ZONE DISTRICT AMENDMENT FOR MARLIN (COLORADO) , LTD.. WffiREAS, Marlin (Colorado), Ltd. requested that the Board of County Commissioners of Garfield County change the zone district of the property described herein from Agricultural/Residential/Rural Density (AIR/RD) to Residentral/I-imited/Suburban Density (R/I-ISD). WHEREAS, the Board of County Commissioners of Garfield County have heretofore adopted and enacted a Zoning Resolution for Garfield County, Colorado, including as a part thereof, certain zoning maps regulating permitted uses upon the lands within Garfield County, Colorado; and WI{EREAS, sections 30-28-109 through 30-28-116 C.R.S.. as amended, provide for the approval of all zoning plans and the adoption and amendment of regulations and resolutions to implement such zoning plans by the Board of County Commissioners of a given county; and WHEREAS, notice of public hearing upon such application was given by publication in a newspaper of general circulation in Garfield County and provided notice of said hearing to all property owners adjacent to said property subject to the zone district amendment, and such hearing having been held on May 20,2002 and this Board having given full consideration to the evidence; and ) )ss ) t WHEREAS, based upon the evidence, testimony, exhibits, review of the Comprehensive Plan for the unincorporated area of the County, recommendation from the Garheld County Planning Commission, comments of the Garfield County Planning Department, cornrnents of public officials and agencies and comments from all interested parties in connection with said application, this Board makes the following findings in respect thereto. to-wit: 1. That all applicable regulations regarding aZnne District Amendment have been complied with including, but not limited to, Section 10.00 of the Garfield County Zoning Resolution of 1978, as amended. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. That the public 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 the meeting. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the following described area and the property included therein, be rezoned from Agricultural/Residential/Rural Density (A/R/RD) to Residentiaylimited/Suburban Density (R/USD). LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE SW1/2SWT/4 OF SECTION 35, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SDffH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OT COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 35, A U.S. BRASS CAP IN PLAC E AS SHOWN ON THE WESTBANK RANCH PLANNED DEVELOPMENT SUBDTVISION, FILING NO. 1, RECEPTION NO. 248729: THENCE N 76'18'36" 'W A DISTANC E OF 4148.94' FEET TO A POINT ON THE WEST BOUNDARY LINE OF WESTBNNK RANCH PLANNED DEVELOPMENT SUBDTVISION, FILING NO. 1, SAID POINT ALSO BEING S 01"54'.32" W 1O5.OO FEET FROM THE NORTHWEST CORNER OF LOT 22 OF SAID WESTBANK RANCH THE POINT OF BEGINING; THENCE S O 1"54 ',32" W ALONG THE WEST BOUNDARY LINE OF SAID WESTBANK RANCH A DISTANCE OF IO23.I3 FEET TO THE SOUTHWESTERLY CORNER OF SAID WESTBANK RANCH ALSO BEING THE SOUTHWEST CORNER OF LOT 23 OF SAID WESTBANK RANCH; THENCE LEAVING SAID WEST BOUNDARY LINE N 88o05'28" W 18.00 FEET; THENCE N 01'54'32" 8 '789.03 FEET; THENCE N 37"19'22" W 59.43 FEET; THENCE N 41'08'24" E 59.43 FEET; THENCE N 01'54'32" E l42.O. FEET; THENCE S 88O05'28" E 18.00 FEET TO A POINT ON SAID WEST BOUNDARY LINE OF WESTRANK RANCH, THE POINT OF BEGINNING; SAID PARCEL CONTAINING 0.461 ACRES, MORE OR LESS. 2. J. Dated this - day of ATTEST: A.D.2002. GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Nay LanrMcCown ,AYe Walt Stowe _, Aye STATE OF COLORADO County of Garfield I,,CountyClerkandex-officioClerkoftheBoardofCounty Commissioners, in ura f* tfr" C*"tV *d 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. 2002. ) )ss ) County Clerk and ex-officio Clerk of the Board of County Commissioners Iohn Marfin May 20,2002 ZONE DISTRICT AMENDMENT FROM AGMCULTURAL/RESIDENTIAL/RURAL DENSITY (AR/R/RD) TO RESIDENTIAL/LIMITED/SLTBURBAN DENSITY(R/USD) FOR PROPERTY LOCATED ADJACENT TO THE NORTH SIDE OF THE WESTBANK SUBDIVISION. APPLICANT: MARLIN (COLORADO) LTD. Attorney Richard Neiley, Attorney Steve Beattie, Mark Bean and Don DeFord were present. Don DeFord reviewed the regulations for noticing and the submittals ffom the applicant. He determined they were in order and tirnely and advised the Commissioners they were entitled to proceed. Chairman Martin swore in the speakers. Mark submitted thefollowingExhibits:ExhibitA-ProofofPublication;ExhibitB-ReturnedReceipts;ExhibitC-Application;ExhibitD- Project Information and Staff Report; Exhibit E - Garfield County ZoningResolution of 1978 as amended; Exhibit F - Garfield County Subdivision Regulations; and Exhibit G - Garfield County Comprehensive Plan. Chairman Martin entered Exhibits A - G into the record. This is a request for approval of a Zone District Change from A/R/RD to R/L/SD for Marlin (Colorado), Ltd. on a parcel located approximately one (1) mile south of Glenwood Springs, at the end of Oak Lane in the Westbank Subdivision. The site is .46 I acres. The tracts of land are designated as medium Density Residential (6-less than l0 du/ac) per the Comprehensive Plan of2000, Study Areas 1 - 3. The subject property is located on a hillside on the west side of the Roaring Fork River, at the end of Oak Lane. The applicant's property isolated on a piece of property adjacent to the north side of the Westbank Subdivision and is presently unimproved, except for a road easement crossing a portion of the property. The applicant is requesting that the propefty be rezoned as a requirement made by the Board of County Commissioners to complete an amendment to the Westbank Ranch Planned Development Subdivision, Filing No. l. The properfy being rezoned will be conveyed to the Westbank Homeowners Association and it will become a part of the Common Open Space in the Westbank subdivision. Mark continued to review the major issues and concerns; compliance with the Comprehensive Plan, the error is established zoning (the staff cannot conclude that the property was zoned in eror), Change of Circumstance (ranch land to development), suggested findings and the recommendation. The Plar.rning Commission recommended Approval of the application for a zone district amendment from A/R/RD to R/L/SD. Attorney Richard Neiley - Pursuant to a Resolution2002-33, which approved an Amendment to the Westbank Ranch, Filing No. 1 Plat, two conditions were imposed; Condition No. 3 was to increase in the parcel of and conveyed to Westbank Ranch Homeowners Association to 20,000 square feet, we've done that, it's 20,146 sq. ft. and Condition No. 4. which was that we see rezoning from A/R/RD which is the curent Prehm Ranch zoningto R/L/SD which is the Westbank Ranch zoning, that is what this application is intending to accomplish. Attorney Steve Beattie for the Westbank Homeowners Association - The application has the support of the Westbank Ranch Homeowners Association; the Association believes that conveyance of the open space strip is consistent with the objectives to protect the subdivision fiom public access through Prehm Ranch. The Association believes that the concept ofopen space is good and not inconsistent with any of the Commissioner's objectives. We would not that final plat documents are not yet created based on the final approval on April 8, but is in the process of being finalized by Marlin engineering firm, High County Engineering and will be imperative for both Westbank and County staff review them to make sure that they are fully accurate, but Westbank believes that the approval of this Zone District Amendment is in his interest and the public interest. Three representatives fi'om the Westbank Homeowners Association were present with Steve. Rick Neiley - called attention to two effors on the draft plan that will need to be corected. One is that the zone district parlicular for the Ranch representatives, is A/R/RD and need to be AR/R/RD and the second is the numbers may not be accurate, we believe the accurate acres conveyed to Westbank is point fbur-six-two (.462), it's reflected as point four-six-one (461) in one area and a different number elsewhere. Cornmissioner McCown moved to close the public hearing; Commissioner Stowe seconded, carried. Commissioner Stowe made a motion to approval the zone district change from AR/R/RD to R/L/SD as submitted by Marlin Lirnited with recommendations of staff. Commissioner McCown seconded. Chairman Martin - I will stay with my original opinion of this, I don't believe that it fits the criteria, I think that it goes beyond the scope ofchanging the existing zoning because technically it does not meet our rules and regulations, so I'll stand on that one, but all those in favor of the motion. Stowe * Aye; McCown - Aye; Martin - And I'll oppose. \_