HomeMy WebLinkAbout2.0 PC Staff Report 12.10.2014Planning Commission, December 10, 2014
Exhibits — RFWSD Zone Correction
Exhibit
Letter
(A to Z)
Exhibit
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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
Staff Presentation
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EXHIBIT
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Garfield County
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 qday of Q'°6'/, 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.
• My application required Published notice. P57:42;2014.
,�
• Notice was published on the 23�day of 0C-7-6 USI` ; 2014.
■ Please attach proof of publication in the Rifle Citizen Telegram.
My application required Posting of Notice.
✓ Notice was posted on the 215-rday of O6 -,w ( , 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.
Name: S
S �L
Signature: Da
te: IQ!� fiA-
Ad Name: 10649031A
Customer: Garfield County Building
Your account number is: 1008693
PROOF OF PUBLICATION
THE RIFLE
CITIZEN TELE€LRAM
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 y hand this
10/24/2014.
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.
c2onmig- JA -4.‘415
My Commission Expires 11/01/2015
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 5440' E a
distance of 90.38 feet, thence N 83Degrees 1217'
E a distance of 112.38 feet, thence N 48 degrees
46'15" 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 59'32 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 sad
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 0206" 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 0246"
W a distance of 64.52 feet, thence N 51 degrees
4619" W a distance of 131.35 feet, thence N 52
degrees 18'07" W a distance of 96.50 feet, thence
N 52 degrees 49'53' 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 18'29" 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 8.30 P.M.
and the Board of 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)
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Planning Commission
December 10, 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.
Planning Commission
December 10, 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. Adjacent zoning includes
Rural, Planned Unit Development and Public
Lands, as shown on the map, right.
The site is located adjacent to the Roaring
Fork River, north of the Sievers Gravel Pit.
III. APPLICABLE REGULATIONS
Rural
The 2013 Land Use and Development Code,
as amended (LUDC) contains regulations ; ` AweGlen RIM Y-77
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
Planning Commission
December 10, 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. STAFF RECOMMENDATION
The proposed correction of the Official Zoning Map of Garfield County satisfies the required regulatory
requirements therefore Staff recommends that the Planning Commission adopt the suggested findings
and recommend that the Board of County Commissioners approve the request.
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