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Home My WebLink About3.0 BOCC Staff Report 12.15.2014Board of County Commissioners, December 15, 2014 Exhibits — Martin, et al 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 H Staff Presentation I J K L M N 0 P Q R S T U Board of County Commissioners December 15, 2014 Martin et al - ZDAA8089 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 William R. Martin, Jimmie Lou Downer and Estate of John C. Martin West side of SH 82 north of the Aspen Glen Entry 3.34 -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. Wage Board of County Commissioners December 15, 2014 Martin et al - ZDAA8089 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 changing to such a degree that it is in the public interest to encourage a new use or density in the area; 21 Board of County Commissioners December 15, 2014 Martin et al - ZDAA8089 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. VI. 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, 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 approval of the proposed correction of the Official Zoning Map with the suggested findings. 3I1'a; 'w,ltL. N. 11N -J OOPtA 8o g`:1 EXHIBIT 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 l day of Q(1t° Z , 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. 0 My application required Published notice. Notice was published on the 2 day of 0 (A -r) e/Y , 2014. ■ Please attach proof of publication in the Rifle Citizen Telegram. ® My application required Posting of Notice. Notice was posted on the 2- day of 0 C -7 -0/1? -1-42-, 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: Signature: Date: Ad Name: 10637506A Customer: Garfield County Building Your account number is: 1008693 PROOF OF PUBLICATION THE L 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. My Commission Expires 1110112015 Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 PUBLIC NOTICE TAKE NOTICE that Estate of John C. Martin, Jim- mie Lou Downer, William Martin and Garfield County 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 A tract of land situated in Lot 1, Section 20, Township 7 South, Range 88 West of the 6th Principal Meridian, said tract of land more particularly described as follows: Beginning at the southeast corner of said Lot 1; thence West 515.06 feet to the easterly line of Glenwood Ditch; thence North 5 degrees 53 min- utes east 42.40 feet along easterly line of Glen- wood Ditch; thence North 34 degrees 28 minutes West 72.40 feet along easterly line of Glenwood Ditch; thence North 4 degrees 47 minutes East 223.72 feet along easterly line of Glenwood Ditch; thence East 303.52 feet to the Southwesterly right-of-way line of the Denver and Rio Grande Western Railroad, Aspen Branch; thence South 35 degrees 27 minutes East 395.69 feet along the Southwesterly right-of-way line of the said D. & R. G. W. R. R. to the intersection with the East line of said Lot 1 to the point of beginning. 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. (10637506) ru ..D ru i11 ru D u-) D m ✓ I ✓ R D D rtt r1_I ul ru D D D D ul m 1-1 0 N CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usos.com® Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 10/17/2014 James Cupit & Elizabeth Hendry P.O. Box 7134 Carbondale, CO 81623 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® ryjidrsr Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ $0.49 Neva Chuc c/o Joan Telinde 944 Brush Creek Lane Glenwood Springs, CO 81601 11.1 m D RJ D D D D D ri '0 ru 00 D D N r Instructions rR D" ru ru -n ..D tri 3500 0002 1-9 r1 D 5662 6253 rtJ O D D ul m r -R P - CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® Fit Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ $3.79 9 0/1 Matthew .lames Bodnar Trust 214 Third Ave. South Franklin, TX 37064 PS Form 3800, August 2006. ee - - • - for Instructions U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® C AF Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sant Tn Roaring Fork Transportation Authority 530 E. Main St. Aspen, CO 81611 U.S.=Postal ServlceTM CERTIFIED "MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com®, CAI` liNDA E'CrO Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees ,1f32.,3 $ $049 $3.79 Ruby Ann Richardson 9177 Hwy 82 Carbondale, CO 81623 Nemumzugsalza r.. CI) rI fr* 'NV 0=1 L--1 D D flD D ru D w ru D MI= 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 , Commissioner Chairman , Commissioner Tom Jankovsky , Commissioner Andrew Gorgey , County Manager Frank Hutfless , County Attorney Kelly Cave Jean Alberico when the following proceedings, among others were had RESOLUTION NO. , Assistant County Attorney , Clerk of the Board and done, to -wit: A RESOLUTION CONCERNED WITH THE APPROVAL OF A ZONE DISTRICT AMENDMENT TO CORRECT THE ZONING OF A 3.34 -ACRE SITE FROM ASPEN GLEN PUD TO RURAL. THE PROPERTY IS OWNED BY JOHN C. MARTIN, WILLIAM R. MARTIN, AND JIMMIE LOU DOWNER AND IS LOCATED BETWEEN THE ROARING FORK RIVER AND SH 82, GARFIELD COUNTY, COLORADO. PARCEL NO 2393-202-00-110 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a Zone District Amendment application from Community Development on behalf of the Estate of John C. Martin, William R. Martin, and Jimmie Lou Downer for a 3.34 -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 Warranty Deed recorded in Book 820 at Page 734 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 3.34 -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