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Home My WebLink About3.0 BOCC Staff Report 12.15.2014Board of County Commissioners, December 15, 2014 Exhibits — RFWSD Zone District 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 H Staff Presentation I J K L M N 0 P Q R S T U Board of County Commissioners December 15, 2014 RFWSD — ZDAA8117 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 of Roaring Fork Water and Sanitation District Adjacent to the Sievers Gravel Pit on the west side of the Roaring Fork River, north of Aspen Glen PUD 5.417 -acres Aspen Glen Planned Unit Development Rural I. DESCRIPTION OF THE PROPOSAL 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 RFWSD — ZDAA8117 II. ADJACENT USES The subject site is currently utilized as a sewage treatment plant for the Roaring Fork Water and Sanitation District (RFWSD). Adjacent uses include residential, golf course, and agriculture and adjacent zoning includes Rural, Planned Unit Development and Public Lands, as shown on the map, right. The site is located adjacent Roaring Fork River, north of the Sievers Gravel Pit. 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 changing to such a degree that it is in the public interest to encourage a new use Board of County Commissioners December 15, 2014 RFWSD — ZDAA8117 or density in the area; 3. The proposed rezoning addresses a demonstrated community need with respect to facilities, services, or housing; and 4. 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 of the Official Zoning Map and adopt the suggested findings. 31<, Garfield County EX1 HIBIT PUBLIC HEARING NOTICE INFORMATION 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. ® My application required written/mailed notice to adjacent property owners and mineral owners. ��!! ./ Mailed notice was completed on the (1 'day of co'' --`` 6el, 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. 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. E3 My application required Published notice. / Notice was published on the 23e-t)day of 007-6 ✓ -? 2014. ■ Please attach proof of publication in the Rifle Citizen Telegram. Ui My application required Posting of Notice. Notice was posted on the 2151day of o( ---I-06', 2014. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Ad Name: 10649031A Customer: Garfield County Building Your account number is: 1008693 PROOF OF PUBLICATION THE RIFLE CITIZEN TELEGRAM STATE OF COLORADO, COUNTY OF GARFIELD I, Michael Bennett, do solemnly swear that I am Publisher of The Rjfle 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. My Commission Expires 11/01/2015 41A- 9 )h--4441-41 Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 PUBLIC NOTICE TAKE NOTICE that Roaring Fork Water and Sani- tation District and Garfield County Community De- velopment have applied to the Planning Commis- sion and Board of County Commissioners, Garfield County, State of Colorado, to request a Rezoning: Map Amendment of the Garfield County 2013 Land Use and Development Code, as amended, in con- nection with the following described property situ- ated in the County of Garfield, State of Colorado; to -wit Legal Description - Exception No. 2 A parcel of land being shown and described as Ex- ception No. 2 on the Aspen Glen, Final Plat, Filing No. 1 at Reception No. 476330 recorded April 6, 1995 as being excepted from described Filing No. 1 A parcel of land being situated in Lot 1 and 6 of Section 13, Township 7 South, Ranch 89 West and in lots 4, 6, and 9 of Section 18, Township 7 South, range 88 West of the Sixth Principle Meridian, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Beginning at a point on the easterly line of the Bar- gain and Sale parcel, Reception 470724, whence the northeast corner of lot 11, Section 18, a 3' alu- minum cap in place marked LS 19598 bears S 58 degrees 12'45" E a distance of 1886.45 feet, thence leaving said easterly line and following southerly line of Wastewater Treatment Plant Site/Utility Easement, Reception 476330 the fol- lowing three (3) courses S 86 degrees 54'40" E a distance of 90.38 feet, thence N 83Degrees 12'17" E e distance of 112.38 feet, thence N 48 degrees 4615" E a distance of 165.45 feet, thence leaving said southerly line of Wastewater Treatment Plant Site/Utility Easement, and following southerly line of Public River Park, Reception No. 476330 then following two (2) courses, S 44 degrees 5932' E a distance of 246.06 feet, thence S 82 degrees 13'10' E a distance of 210.86 feet, thence leaving said southerly line of Public River Park, and fol- lowing southerly line of Open Space Parcel, Re- ception No. 476330 then following three (3) courses, S 40 degrees 56'54' E a distance of 296.12 feet, thence S 37 degrees 16'31"E a distance of 360.84 feet, thence S 44 degrees 29'49'W a distance of 47.14 feet to a point on said easterly line of said Bargain and Sale Parcel, thence leaving said Open Space Parcel along easterly line of said Bargain and Sale Parcel, the following seventeen (17) courses, N 52 degrees 21'15' W a distance of 35.90 feet, thence N 74 degrees 03'06' W a distance of 68.83 feet, thence N 69 degrees 18'14" W a distance of 76.28 feet, thence N 58 degrees 4241' W a distance of 86.11 feet, thence N 66 degrees 3527' W a distance of 54.01 feet, thence N 67 degrees 05'38' W a distance of 73.67 feet, thence N 50 degrees 09'46' W a distance of 64.52 feet, thence N 51 degrees 46'39" W a distance of 131.35 feet, thence N 52 degrees 18'07' W a distance of 96.50 feet, thence N 52 degrees 4953' W a distance of 56.67 feet, thence N 63 degrees 33'32' W a distance of 80.52 feet, thence N 69 degrees 19'37" W a distance of 71.02 feet, thence N 58 degrees 15'43" W a dis- tance of 56.28 feet, thence N 57 degrees 1829" W a distance of 62.81 feet, thence N 59 degrees 30'17" W a distance of 68.30 feet, thence N 65 degrees 4326" W a distance of 93.55 feet, thence N 54 degrees 1224" W a distance of 91.37 feet to the Point of Beginning. County of Garfield State of Colorado Practical Description Water/Wastewater Treatment facilities adjacent to the Roaring Fork River Request DescriptlonZoning map incorrectly identifies the property zoning as 'Planned Unit Development (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 surrounding property owners and others affected in deciding whether to grant or deny the request for the land use request. This application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 401, Garfield County Administration Building, Glenwood Springs, Colorado, 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 01 County Commissioners on Monday. December 15. 2014 at 1 p.m. in the County Commissioners Chambers, Garfield County Plaza Building, Suite 100, 108 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County Published in the Citizen Telegram October 23, 2014. (10649031) 7011 3500 0002 5662 6604 sade8elsod Ielol O 0 ° mcn y D • o t11 oDF 2�< o>n• s. yD ca Cg co eM on m 03 "Til 0 —•1 O n. 7011 3500 0002 5662 6635 seed +g e6Elsod IElol 00J P811INE0 3 min O d 0 0 m o. D n y r z 33 com on �rn cam Q 7011 3500 0002 5662 6628 7011 3500 0002 5662 3 m o� oFp 3m 3� o. 0< 00 ? mm mm � •O mm mm m , ..mm 6611 q ®woo sdsn•mmm le a31sgam Jno;Isln uolew.fo;u! anllap Jo -n n, rR ra 1820 0001 7464 a 0 N U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.come. Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees ?36" 09 .. j IZ'ostriiark rcl _ Here 10/ SQ Ser-- ___.Estate of Arlene Estes & Cory Lea Gentry__ or P.O. Box K Meeker, CO 81641 PS Form 3800, July 2014 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVER'," • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: tate of Walter M. Gentry - P.O. Box 98 Meeker, CO 81641 A. Signat Agent Addressee c (Prin -d Name) C. ate of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type El Certified Mail 0 Registered 0 Insured Mail o Express Mail o Retum Receipt forMerchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Fransfer from service label) 7011 3500 0002 5662 6604 PS Forrn 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 • :•4 141303ii NUMMI coolti? ,. 0 .. R g 1 �d p CTO r ff9 (�\I o C 'D lel r� ( n cg _ pr w 0 D D D D D D ru = 1n ru -D -n u1 rU O O 0 Lr) m rR 0 N CD CM 4.1 er ,” STATE OF COLORADO )ss County of Garfield 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 5.417 -ACRE SITE FROM ASPEN GLEN PUD TO RURAL. THE PROPERTY IS OWNED BY THE ROARING FORK WATER AND SANITATION DISTRICT AND IS LOCATED BETWEEN THE ROARING FORK RIVER AND CR 109, GARFIELD COUNTY, COLORADO. PARCEL NO 2393-182-00-416 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a Zone District Amendment application from Community Development on behalf of Roaring Fork Water and Sanitation District for a 5.417 -acre property legally described as Exception #2 on the Aspen Glen Final Plat, Filing 1, 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 Warranty Deed recorded at Reception Number 752431 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 5.417 -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 day of , 2014 ATTEST: 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 )ss County of Garfield , 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 eeeir