HomeMy WebLinkAbout3.0 BOCC Staff Report 12.15.2014Board of County Commissioners, December 15, 2014
Exhibits — Martinez and Strouse 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
Email dated December 10, 2014 from Carol Alleman
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Board of County Commissioners
December 15, 2014
Martinez & Strouse - ZDAA8092
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
APPLICANT (OWNER)
LOCATIO N
ACRES
EXISTING ZONING
CORRECTED ZONING
Zone District Amendment — Correction to the
Official Zone District Map
Garfield County Community Development on
behalf of Taani Martinez and Steven and Gloria
Strouse
Rifle Village South, Block 10, Parcels 1, 2, 3, and 4
8.953 -acres (8.49 acres to be corrected and .463 -
acres to be added to Rural Zone)
Residential Urban
Rural
I. DESCRIPTION OF THE PROPOSAL
The Official Zone District Map of Garfield County was found to contain errors on several properties
within the Rifle Village South subdivision. The subdivision is zoned as Residential Urban (RU) however
these four properties were subject to a zone change in 2006 which was approved by the Board of
County Commissioners (BOCC) in Resolution 2006-69. This resolution, included in the application
materials, approved a zone change from RU to Rural for an 8.49 -acre parcel of land within the
subdivision.
Subsequent applications have been submitted to the County:
1. Request for an Accessory Dwelling Unit on the 8.49 -acre parcel that was approved by Resolution
2006-84 and a Special Use Permit recorded at Reception No. 706368. At the time, an ADU was
only possible on a parcel of land within the Rural (A/R/R/D) Zone District. A companion file for a
Floodplain Development Permit was also approved to construct the ADU within a delineated
floodplain.
2. A 2010 application was approved to allow for the reconfiguration of parcels within the
subdivision. This plat created parcels 1, 2, 3 and 4 as they exist today which included
incorporation of Block 8, Lots 29, 30 and 31 into the Parcel 1. These lots comprise the difference
(.463 -acres) in acreage form the original zone change in 2006 to that which is requested to be
rezoned today.
Board of County Commissioners
December 15, 2014
Martinez & Strouse - ZDAA8092
AMENDED PLAT
RIFLE VILLAGE SOUTR FILING NO. 1. PARCEL B. AND LOTS 29, 30 AND 31, BLOCK 8
.4 PARCEL OF LAND SITUATED IN THE NEY/4Nf1/4 SEC. 20. 2'.6S.. R937„ OF THE 6TH P.M.
COUNTY OF GARFIELD. STATE OF COLORADO.
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II. ADJACENT USES
The subject site is currently utilized for residential
purposes with a potential zoning violation occurring
for a Contractor Yard on parcels 1 and 4. Adjacent
uses include residential, ski lake, agriculture and
mineral extraction activities. Adjacent zoning is
primarily Rural, with the City of Rifle to the north and
Public Lands to the south, as shown on the map,
right.
III. APPLICABLE REGULATIONS
Rifle
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.
Board of County Commissioners
December 15, 2014
Martinez & Strouse - ZDAA8092
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;
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
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Additional .463 -
acres to be rezoned
X7y
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.
This application is also seeking to rezone .463 -acres of area
formerly known as Block 8, Lots 29, 30 and 31. This area
had been incorporated into Parcel 1 in an amended plat
process. The addition of this area to the rezoning meets
the suggested findings for a rezone.
3Ir
Board of County Commissioners
December 15, 2014
Martinez & Strouse - ZDAA8092
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 Unified Land Use
Resolution of 2008, 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.
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 day of , 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.
EXHIBIT
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.
f�
Notice was published on the 23 day of DGro7el2 , 2014.
■ Please attach proof of publication in the Rifle Citizen Telegram.
My application required Posting of Notice. _
Notice was posted on the 3-1g' day of �(U6 �0- , 2014.
V 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: 10637445A
Customer: Garfield County Building
Your account number is: 1008693
PROOF OF PUBLICATION
THE ! 'FL
CMZEN 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 . ; y hand this
10/24/2014. ow -1
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
Pamela J. Schultz, Notary Public
My Commission expires:
November 1, 2015
PUBLIC NOTICE
TAKE NOTICE that Taani Martinez and Steven and
Gloria Strouse and Garfield County Community
Development have applied to the Planning Com-
mission and Board of County Commissioners, Gar-
field County, State of Colorado, to request a Re-
zoning: Map Amendment of the Garfield County
2013 Land Use and Development Code, as
amended, in connection with the following de-
scribed property situated in the County of Garfield,
State of Colorado; to -wit:
Legal Description Rifle Village South, Amended
Filing 1, Block 10, Parcel 1
Rifle Village South, Amended Filing 1, Block 10,
Parcel 2
Rifle Village South, Amended Filing 1, Block 10,
Parcel 3
Rifle Village South, Amended Filing 1, Block 10,
Parcel 4
Practical Description Southwest of the City of Ri-
fle on Village Drive
Request Description Zoning map incorrectly iden-
tifies the property zoning as "Residential Urban",
correction of map is necessary to accurately reflect
the "Rural" zoning of the property; and to rezone
former Block 8, Lots 29, 30 and 31 to rural as these
lots have been incorporated into Block 10, Parcel
1.
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. (10637445)
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296 Village Dr.
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STATE OF COLORADO
)ss
County of Garfield
1
EXHIBIT
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 FOUR PARCELS WITHIN RIFLE
VILLAGE SOUTH SUBDIVISION FROM RESIDENTIAL URBAN TO RURAL. THE
PROPERTIES ARE OWNED BY TANNI MARTINZ, AND STEVEN & GLORIA
STROUSE. GARFIELD COUNTY, COLORADO.
PARCEL NO'S 2177-202-10-01
2177-202-10-002
2177-202-10-003
2177-202-10-004
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received a Zone
District Amendment application from Community Development on behalf of Taani Rust and
Steven & Gloria Strouse for a four lots described as Rifle Village South, Filing No. 1, Block 10,
Parcels 1, 2, 3, and 4. Garfield County, Colorado.
B. The zone district amendment requests that the subject site zoning be corrected from
Residential Urban to Rural.
C. The subject property is legally described in deeds recorded in at Reception Number
758787, 798940, 830711, and 830751 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
1
recommendation to the Board of County Commissioners to approve the requested zone district
amendment.
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 Rifle Village South, Filing 1, Block 10, Parcels 1, 2, 3, and 4 are hereby
amended from Residential Urban 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
2
Clerk of the Board Chairman
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
From:
To:
Subject:
Date:
carol Alieman
Kathv A. Eastlev
zoning application
Wednesday, December 10, 2014 9:16:36 AM
EXHIBIT
I
Good morning Kathy,
This email is to verify that the planning and zoning meeting being held this evening,
12/10/14, is for the purpose of correcting the zoning map error related to a prior
rezoning of the Strouse/Rust/Martinez property and is not about the land use issues
currently occurring that are of concern to us.
Thank you,
Carol Alieman