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Home My WebLink About3.0 BOCC Staff Report 12.15.2014Board of County Commissioners, December 15, 2014 Exhibits — Chuc Zone Correction Exhibit Letter (A to Z) Exhibit A Public Hearing Notice Affidavit, with attachments B Garfield County 2013 Land Use and Development Code, as amended C Garfield County Comprehensive Plan 2030, as amended D Application E Staff Report F Draft Resolution G Draft Zoning Map II Staff Presentation I J K L M N 0 P Q R S T U Board of County Commissioners December 15, 2014 Chuc — ZDAA8116 PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) LOCATION ACRES EXISTING ZONING CORRECTED ZONING Zone District Amendment — Correction to the Official Zone District Map Garfield County Community Development on behalf Neva Chuc West side of SH 82 just north of Aspen Glen PUD 7.09 -acres Aspen Glen Planned Unit Development Rural I. DESCRIPTION OF THE PROPOSAL Aspro Won' PUD Boundary • Oral from legal Description The Official Zone District Map of Garfield County was found to contain several errors around the Aspen Glen Planned Unit Development (PUD). Staff has had the GIS analysts plot the legal description of the PUD, left, to determine the PUD boundaries. Clearly the subject parcel, yellow outlined in red, is not contained within the area of the Aspen Glen PUD. In order to correct the zoning map a request for rezoning must occur. Community Development is acting on behalf of the property owners to clarify this situation and have the map changed to clearly reflect the Rural zoning of the site. Board of County Commissioners December 15, 2014 Chuc — ZDAA8116 II. ADJACENT USES Adjacent uses include residential, golf course, and agriculture. Adjacent zoning includes Rural, Planned Unit Development and Public Lands, as shown on the map, right. SH 82 is located to the east and the Roaring Fork River to the west of the Martin property. A BLM parcel is located to the southwest. III. APPLICABLE REGULATIONS The 2013 Land Use and Development Code, as amended (LUDC) contains regulations regarding rezoning of property within the County in Section 4-113. Though this action is a correction to the Official Zone District Map a request for a rezoning must be reviewed by the Planning Commission and Board of County Commissioners. 4-113. REZONING. A. Overview. 1. Applications for rezoning shall be reviewed and a recommendation made by the Planning Commission, and decided by the BOCC. 2. Rezoning may be initiated by the BOCC, the Planning Commission, the Director, or the owner of the subject property. 3. The rezoning request may be processed concurrently with a Land Use Change application and review process. B. Review Process. Applications for rezoning shall be processed according to Table 4-102, Common Review Procedures and Required Notice. C. Review Criteria. An application for rezoning shall demonstrate with substantial evidence that an error exists in the Official Zone District Map, or meet the following criteria: 1. The proposed rezoning would result in a logical and orderly development pattern and would not constitute spot zoning; 2. The area to which the proposed rezoning would apply has changed or is 2I Board of County Commissioners December 15, 2014 Chuc — ZDAA8116 changing to such a degree that it is in the public interest to encourage a new use or density in the area; 3. The proposed rezoning addresses a demonstrated community need with respect to facilities, services, or housing; and The proposed rezoning is in general conformance with the Comprehensive Plan and in compliance with any applicable intergovernmental agreement. IV. STAFF ANALYSIS An official zoning map is one that is approved and signed by the Board of County Commissioners and no change may occur to that map outside of the rezoning process. Staff has identified several parcels that require a map correction and therefore the rezoning action to request Board approval to correct the map. V. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the request to rezone the property is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has met the requirements of the Garfield County 2013 Land Use and Development Code, as amended. 5. That the application is in general conformance with Garfield County Comprehensive Plan 2030. VI. PLANNING COMMISSION RECOMMENDATION The Planning Commission considered this request at a public hearing on December 10, 2014 at which time they unanimously recommended that the Board approve the proposed correction and adopt the suggested findings. 3 1 F, Garfield County PUBLIC HEARING NOTICE INFORMATION EXHIBIT a Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. aMy application required written/mailed notice to adjacent property owners and mineral owners. �'l ▪ Mailed notice was completed on the 0 day of 06 , 2014. ./ All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. V All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] ■ Please attach proof of certified, return receipt requested mailed notice. • My application required Published notice. t� Notice was published on the VI day of v ■ Please attach proof of publication in the Rifle Citizen Telegram. dMy application required Posting ✓ of Notice. Notice was posted on the'!n) 1 day of 2014. ICY/I( , 2014. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I toify/tthat the above,.in_formation is true and accurate. 4 lX-C'C' Name: � Signature: Date: i 0 lr-i ( ( 4- 1 Ad Name: 10649010A Customer: Garfield County Building Your account number is: 1008693 PROOF OF PUBLICATION THE !FLE CITIZEN TELEGRAM STATE OF COLORADO, COUNTY OF GARFIELD I, Michael Bennett, do solemnly swear that I am Publisher of The Rifle Citizen Telegram, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 10/23/2014 and that the last publication of said notice was dated 10/23/2014 the issue of said newspaper. In witness whereof, I have. here unto 10/24/2014. y hand this Michael Bennett, Publisher Publisher Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 10/24/2014. 41,4 My Commission Expires 11/01/2015 Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 PUBLIC NOTICE TAKE NOTICE that Neva Chuc and Garfield Countv Community Development have applied to the Planning Commission and Board of County Commissioners, Garfield County, State of Colo- rado, to request a Rezoning: Map Amendment of the Garfield County 2013 Land Use and Develop- ment Code, as amended, in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description All that part of Lots 1, 4 and 5 of Section 20 and that part of the NE1/4NW1/4 of Section 20, T. 7 S., R. 88 W., 6th P.M., described as follows: Beginning at the Northwest Corner of said lot 4; then E. 144.94 feet along the N. line of said Lot 4; thence S. 75 degrees 2730' E. 213.91 feet; thence N. 62 degrees 13' E. 286.05 feet to the southwest- erly right-of-way line of the Denver & Rio Grande Western Railroad; thence S. 35 degrees 27' E. 94.71 feet along said right-of-way line to the E. line of said Lot 1; thence N. 86.21 feet along the E. line of said Lot 1 and said right-of-way line; thence S. 35 degrees 27' E. 595.44 feet along said right-of- way line; thence S. 61 degrees 08' W. 297.47 feet; thence N. 35 degrees 50' W. 107.80 feet; thence N. 30 degrees 37' W. 153.30 feet; thence N. 43 de- grees 05' W. 62.50 feet; thence N. 61 degrees 06' W. 53.80 feet; thence N. 88 degrees 05' W. 37.10 feet; thence S. 73 degrees 23' W. 37.90 feet; thence S. 62 degrees 41' W. 99.50 feet; thence S. 74 degrees 35' W. 30.00 feet; thence S. 89 de- grees 38' W. 88.90 feet; thence N. 87 degrees 44' W. 103.70 feet; thence S. 83 degrees 36' W. 47.50 feet; thence S. 82 degrees 52' W. 84.22 feet to the W. line of said Lot 4; thence N. 324.61 feet along the W. line of said Lot 4 to the Point of Beginning, containing 7.09 acres, more or less. Practical Description West side of Highway 82 just north of the Aspen Glen entrance Request Description Zoning map incorrectly iden- tifies the property zoning as 'Planned Unit Devel- opment (PUD)', correction of map is necessary to accurately reflect the 'Rural' zoning of the property. All persons affected by the proposed Zone District Amendment are invited to appear and state their views, endorsements or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, as the Planning Commission and Board of County Commissioners will give consideration to the comments of sur- rounding property owners and others affected in deciding whether to grant or deny the request for the land use request. This application may be re- viewed at the office of the Planning Department lo- cated at 108 8th Street, Suite 401, Garfield County Administration Building, Glenwood Springs, Colo- rado, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on the application has been scheduled for the Planning Commission on Wednesday. December 10 2014 at 6.30 P.M., and the Board of County Commissioners on Monday. December 15. 2014 at 1 p.m. in the County Commissioners Chambers, Garfield Coun- ty Plaza Building, Suite 100, 108 8th Street, Glen- wood Springs, Colorado. Planning Department Garfield County Published in the Citizen Telegram October 23, 2014. (10649010) 7008 2810 0000 2038 2074 3 0 oo .o c" • 0 N- \ /,C 3 rno) 0 ompCn m on CD M ID) p CDC CCD Q 7008 2810 0000 2038 2050 Tel 0 CD f7', CD 7008 2810 0000 2038 2081 O mm O y0 •O 85- i N 3c 33 m =o »77 nq m a — c2 am SEm fD g 7008 2810 0000 2038 2036 0c mcn H -1 0 • rn. cp zE o m G r C13 • 33 m on'0 • m a -0 O O. CDQ fU -0 ..0 fU -n IJ7 3500 0002 a a D C:E1i 1 7 A TM IPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 1=.79 13,17/2;) Aspen Glen Golf Co. c/o Melrose Company P.O. Box 21307 Hilton Head, SC 29925 See Reverse for Instructions m D ft_I m m D fU D D D D D ri cO fU D 5662 6277 RJ O D D 7011 3500 CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Ruby Ann Richardson 9177 Hwy 82 Carbondale, CO 81623 PS Form 3800, August 2006 U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visitour website at www.usps.coma av),,ffiii.c.-DE7e91 A Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $0.49 SP • �rO �4r MEI 10/17/2014 _q5 R Uv Postmark. 1 'MC? Aspen Glen Golf Club Management Co. P.O. Box 790830 San Antonio, TX 78279 PS Form 3800, August 2006 See Reverse for Instructions See Reverse for instruction James Cupit & Elizabeth Hendry G1 Q • W 00 eq, CA as, `C • (IC CD O c• 'L7 41. 2 D w Ln D D D D D ru Y diuno3 ppaffJPD r� IT' miiiiimimmim mosisommo r) 'di0'4i[*NlMk STATE OF COLORADO )ss County of Garfield EXHIBIT F At a meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building, in Glenwood Springs on, Monday, the 15th day of December 2014, A. D. there were present: John Martin Mike Samson Tom Jankovsky Andrew Gorgey Frank Hutfless Kelly Cave Jean Alberico , Commissioner Chairman , Commissioner , Commissioner , County Manager , County Attorney , Assistant County Attorney , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. A RESOLUTION CONCERNED WITH THE APPROVAL OF A ZONE DISTRICT AMENDMENT TO CORRECT THE ZONING OF A 7.090 -ACRE SITE FROM ASPEN GLEN PUD TO RURAL. THE PROPERTY IS OWNED BY NEVA M. CHUC AND IS LOCATED AT 9663 STATE HIGHWAY 82, GARFIELD COUNTY, COLORADO. PARCEL NO 2393-202-00-111 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a Zone District Amendment application from Community Development on behalf of Neva M. Chuc for a 7.090 -acre property located in Section 20, Township 7 South, Range 88 West of the 6th P.M. Garfield County, Colorado. B. The zone district amendment requests that the subject site zoning be corrected from Aspen Glen PUD to Rural. C. The subject property is legally described in a Quitclaim Deed recorded in Book 757 at Page 340 in the Office of the Garfield County Clerk and Recorder. D. A Public Hearing was held by the Garfield County Planning Commission on December 10, 2014 at which time the Planning Commission voted unanimously to forward a recommendation to the Board of County Commissioners to approve the requested zone district amendment. 1 E. On December 15, 2014 the Board of County Commissioners opened a public hearing upon the question of whether the Zone District Amendment should be approved, approved with changes, or denied at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Zone District Amendment. F. The Board of County Commissioners closed the public hearing on December 15, 2014 to make a final decision. G. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Planning Commission and Board of County Commissioners. 2. That the hearing before the Planning Commission and the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the request to rezone the property is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has met the requirements of the Garfield County 2013 Land Use and Development Code, as amended. 5. That the application is in general conformance with Garfield County Comprehensive Plan 2030. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that based upon the determination of facts set forth above, the Zone District Amendment for the 7.090 -acre property is hereby amended from Aspen Glen PUD to Rural and all applicable land use regulations for the Rural zone district shall apply. ADOPTED this ATTEST: day of , 2014 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Chairman 2 Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin Mike Samson Tom Jankovsky STATE OF COLORADO County of Garfield ) )ss ) , 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. 2014. County Clerk and ex -officio Clerk of the Board of County Commissioners 3