HomeMy WebLinkAbout2.0 Staff Report PC 02.10.16Planning Commission - Februaty 10,2016
Exhibits - LaGiglia Zone District Correction
ExhibitExhibit
Letter
(A to Z)
A
B G"rf*ld Cor"ty 2013 Land Use and O"r"top-"rt CoA"
C
D Application
E Staff Report
F Staff Presentation
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-- EXHIBITIAGaffield Couln
PUBLIC HEARING NOTICE INFORMATION
please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. tn addition, please initialon 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.
*
)L
Mailed notice was completed on ,n" 7h day of JOtUo^l ,2016
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.
tr My application required Published notice.
* Notice was pubtished on the 1+h day of J a*,t^ a+<YOfe
. Please attach proof of publication in the Rifle Citizen Telegram'
tr My application required Posting of Notice. IX Notice was posted on the -f+h day of . Jor't-l6.4 ,2016.
I
/ Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
Name:
Signature:
I testify that the above information is true and accurate.
Date: t
Ad Name: 11779500D
Customer: Garfield County Building
Your account number is: 1008693
PROOF OF PUBLICATION
.\T\ZrudIT'f, Lfl-GR-A-If,
STATE OF COLORADO,
COUNTY OF GARFIELD
I, Michael Bennett, do solemnly swear that I am
Publisher of The Rifle Citizen Tblegram, that the
same rveekly newspaper printed, in rvhole or in part
and published in the County of Garfield, State of
Colorado, and has a general circulation therein; that
said ner,vspaper has been published continuously
and uninterruptedly in said County of Garfield for
a period of more than fifty-hvo consecutive weeks
next prior to the first publication of the annexed legal
notice or advertisement; that said nelvspaper 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 rvithin the meanins of the
larvs of the State of Colorado.
That the annexed legal notice or advertisement rvas
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 rvas in the issue of said newspaper dated
ll712016 and that the last publication of said notice r,vas
dated l/7 12016 the issue of said nelvspaper.
In witness whereof, I have
0u12t2016.
y hand this
Publisher Subscribed and sworn to before me, a
notary public in and for the County of Garfield, State
of Colorado this 0
Pamela J. Schultz, Notary Public
My Commission expires:
November 1,2019
PUBLIC NOTICE
TAKE NOTICE that cAHFIELD COUNTY COMMUNTTY OEVELOPMENT has aootied to carfietd Countuto request a Cotrection to the Official Zoning Map for the following propertres, County ol GarfietO, State iriColorado; to-wit:
PAHCEL I
Leoal Descriotion: Parcel B, Traul Second Amended Exemption plat
Practical Description: 6471 CR 117 (Fout Mite Road)
!C!g!p!!OdiCS!Cg,Correct ihe zoning lrom Oak Meadows Ranch Planned Unit Devetopment toRural
PAHCEL 2
Leoal Descriotion; Parcel A, Traul Second Amended Exemption plat
Practical Descriotjon: 6471 CR 1 17 (Four Mile Foad)
Description of Fleouest: Correcithe zoning lrom Oak Meadows Ranch planned Unit Developmentlo Bural
PABCEL 3
LeoalDescriotion: AllthatporlionolLols20and22,Sectionl5,TownshipTSouth,RangeggWestotthe
6th-"-lu. descflbed as follo,ivs:
Beginning at a point on the westerly line of County Fload whence the southeast corner of said Section 1 5bears South 67'08'E'1665.9 feet; then South 84.65W 158.6 feet: thence North 6"15,E 233 feet atono rh;westerly line ot County to the Poinl of Beginninq, containinq.S5 of an acre, more or less.AIso that portion of Lbts 20 and 22, Sei-tion t-5, Townshi-p 7 South, Range g9 West of the 6th p.M. de-scribed as lollows:
Beginning at a point on the easterly line of County Fload whence the southeast corner of said Section 1 5bears S_outh 67 2O'E 1632.1 teet; thence North'3"33'W 45.88 feet: thence Norrh BO.gB,E 42.15 feet:
thence South 5"23'W 51.1 3 feet; thence South 87.03'W 34.0 feet to the point ot Beginnjng, containing .Odof an acre, more or less.
Practical Description: 660 1 CR 1 17 (Four Mite Road)
DesEipliArci8cqles! Correct lhe zoning from Oak Meadows Banch ptanned Unit Devetopment toRural
PARCEL 4
Leoal DescriDtion: Parcel C, Traul Exemption Plat
Practical Descriolion: TBD CB 1 17 (Four Mite Hoad)
PCSglplA!-AlReS!e$: Correcl the zoning trom Oak Meadows Banch Planned Unit Development toRural
PARCEL 5
EqqlqgsSryqq$ A tract of land situale in the southeast /4 of Section 15, Township 7 South, Ftange 89West of the 6th P.M., being more particularty described as loilows:
Beginnin_g a1 the most souiheily point of a tiact of land described in Beception No. 2881 50 in Book 51 4 atPage 960 ol.lhe Office ol the Records ol Garlield County Clerk and Flecoider. This point atso being cooi-dinate Pont No. 425, Oak Meadows Flanch, Oak Mead6ws Fiting No. 4, Amended ptat of Area V; ihen;ealong the westerly boundary line ot said tract ol land described in Fleceotion No. 288'l 50 the loltowinocourses: North 30"19'11'W 320.26 leet; thence South 69"19,47,,W 38.O0,eet: thence tO.Ot'OZ.W gS.:i
leel; thence departing said westerly boundary line of said tract ol land described in Receotion No- 2881 soNonh 78'09'07'E 392.66 Feel to a point on the southeasterly boundary line ol said tract bf land describedin Reception no. 2881 50; thence atong the southeasterty boundary tine of said tract ol land described in
H^e-ce-ption No..288150 the,foltowing courses: South 06"i5'OO":E i33.OO feet; thence South 44"33;00.W
280.66 feet to the Point of Beginning.
Practical Descriotion: 6445 CR 1't7 (Four Mite Hoad)
qeSe!p!g!-A18CS!C5! Correct the zoning lrom Oak Meadows Sanch Planned Unit Development toRural
PARCEL 6
lqoql ,qelcriotion: A tract ot land sit uate in Lot 22, Section 1 5, Township 7 So uth, Ftange 89 West of the
6th P.M,, lying westerly_of the.westeily right-ol-way Iine of a county Road as constructed- and in place andNortherly of the righl-of-way lne of the main road entering Oak Meadows Subdivision, said tract of land
being described as lollows:
Beginning at a point on the westerty right-of-way line ol said county Foad, whence the south euarter of
said Section 15 bears: Soulh 59'44'28"W 1261.38teet, lhence Soulh 04,49,06.E 163.40 teet atono lhewesterly right-of-way line ol said County Road;i thence S 14.20,45,E 192.48 feet atong the wes"terlyright-of-way line ol sajd county Road; thence South 73.52,S.1"W 306.69 leet alono-the northerliright-of-way line of said Subdivision road; thence North 23.55,09.w 173.13 leet: thence N6rth nn.eS,OO.d280.66 feet; lhence Norlh 84"05'00'E 1 58.60 feet to a point on tne westerty right-of-way tine of saidCounty Fload, the Point of Beginning. The above tract of tahd contain 2.67 acrei, m-ore or les6.
Practical Descriotion:63 Sun King Drive
Description ot Request: Correct the :oning trom Oak Meadows Ranch planned Unit Development lo
Rural
PARCEL 7
Leqa] Pgsgriotion: A tract of land situate in Lot 1 and the SE1/4SE1/4 ol Section 20 and in Lots 2, 3, 9and 10 in Section 29, Township 6 South, Range 88 West of the 6th p.M., lying southerly of a county ro;d
as constructed and in place, described as follows:
Beginning at a^point on the southerly boundary line ol said road, whence the common quarler cornerbetween said Sections 20 and 29 bears south 28"04,47'E 1 79.35 feet: thence I OO.28 ieet atong the
southerly boundary ol said road, on a curye to the lelt having a radius of 1 492.97 feet, the chord of lihichbears South 78"28'34'E 100.24 feet; thence South 80.22'00-"E 195.18 feet along the southerly boundarygf gaid roqd; then South 21"54'00'E 936.44 feet; lhence North OZ.SO,OO"W Z6O.eg feet; th6nce nortfi
215400W 953.49 leet to a point on the southerty boundary ot said road, lhe point ol beginni;g:Excepting therefrom that portion conveyed to the Board of Countv Commissioners ol -Garlie'id Countv bv
Albert-P. Spanheimer by document recorded September 10, 198Oin Book 555 at page 5.14 as neceptio6
No. 307304.
Practical Description:4002 CB 115
qCsglpliArcf ICqleS! Correct the zoning lrom Spring Valley Ranch ptanned Unit Development toRural
All persons aflecled by the proposed correction to the zoning i,,tap are invited to appear b€tore thePlanning Commission and/or BOCC and state their views, p6tesis or support. lf you cannot appearpersonally_atsqch hearings, then you are urged to state your views by letter. ?he ptaniring Commii3ionand the Bocc will give consideration to the comments ol surrouirding property owne-rs. and othersaftected.indeciding_whethertoapprove,approvewithconditionsorden-ythereqlest. Th6apptication
may be reviewed online at
httpr/
or rn Ine U0mmunrty Uevetopment Department located at 1 08 8th Street. Suite 401. Garfield CountuAdministration. B_utlding, Glenwood Springs, Colorado between the hours ol g:30 a.m. and 5:OO p.m:,
Monday through Friday.
4 Planning C.ommission public hearing on the applications has been scheduled lor lOth day otFebruary.2016, at 6:00 P.M. in the County Commissibners i4eeting Floom. Garlietd County Adminrdtra-
tion guilding-, 1 08 8th Street, Glenwood Springs, Cotorado, 8'1 60l . A Board o, County Corirmissionerspublic hearing on the applicalions has been scheduled lor the 7th day ot March, 2b16 at l:OO p.M inthe County-Commissioners Meeting Boom, Garlietd County AdministAtion Buitd'ing, 108 8th Street,Glenwood Springs, Colorado, 81601.
PAMELA J. SCHULTZ
NOTARY PUEL:C
STATE OF COTOFNOOiiorAFY lD #1 s9$1C30875Iy Comi::imagra l.ev6.irt* 1.2019
com m un itv Devero p%"llBif
Btf""$,
Published in the Citizen Telegram January7,2O16. (11779500)
Michael Bennett, Publisher
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CERTIFIED MAIL@ RECEIPT
EXHIBlT
D
LAND USE CHANGE PERMIT
APPLICATION FORMCommunity Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(9701945-8212
www.Rarfield-countv.com
TYPE OF APPTICATION
tr Administrative Review tr Development in 100-Year Floodplain
tr Limited lmpact Review tr Development in 100-Year Floodplain y!49!!9
tr Major lmpact Review tr Code Text Amendment
tr Amendments to an Approved LUCP
E un Evtn E sup
E Rezoning
E zone Districtn PUD E PUD Amendment
E MinorTemporary Housing Facility _
tr Vacation of a County Road/Public ROW
tr
tr
Ad ministrative I nterPretation
App".l of Adtn'rittt.t'r" lnterpretation
tr Location and Extent Review tr Areas and Activities of State lnterest
tr Comprehensive Plan Amendmeni tr Accommodation Pursuant to Fair Housing Act
tr Pipeline Development tr Variance
tr Time Extension (also check type of original application)
INVOLVED PARTIES
Owner/Applicant
Name: Louis and Donnalyne LaGiglia Phone: (_)
Mailing Address: 4002 CR 1 15
City:Glenwood Springs state: CO Zipcode: 81601
E-mail:
Representative (Authorization Required)
Name: Garfield County Community Development Phone: P70 )945-8212
Mailing Address:108 8th Street, Suite 401
City:Glenwood Springs co Zip code:81601
E-mail: keastley@garfield-county. com
PROJECT NAME AND LOCATION
Project Name:
Physical/Street Address' 4002 CR 1 15
Legal Description3 See attached
Zone Districa' Rural Property size (acres): 5'4 acres
Existing l!59; Residential
Proposed Use (From Use Table 3-403): Residential
Description of Project:CorrectiontotheZoneDistrictMaptoreflecttheRural zoningoftheparcel. Thesiteerroneouslyappears
ontheOfficial ZoningMapasbeingzonedPUDfortheadjacentSpringValleyRanchPUD. Thelegal descriptionofthePUDdoesnot
include this site.
Submission Requirements
tr The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Sectio n:
Section:
Section:
Sectio n:
Waiver of Standards
tr The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section:
Section:
Sectio n:
Section:
I have read the statements above and have provided the required attached information which is
v /,r/s-
File Number:Fee Paid: S
correct and accurate to the
Signature of Property Owner
PROJECT DESCRIPTION
REQUEST FOR WAIVERS
Date
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R 15. OO O O,OO GRRFIELD
P48O }I ELSDORF
couttlTY c0
PLEASE PLACE RECORDING INFORMATION STICKER HERE
SPECIAL WARRANTY DEED
Louis M. LaGiglia and Donnalyne LaGiglia, Grantors, for good and valuable
consideration, in hand paid, hereby selland conveyto Louis M. LaGiglia and Donnatyne
LaGiglia, Grantees, as tenants in common, whose legal address is 4AA2 County Road
1'15, Glenwood Springs, Colorado 81601, the following real property in the County of
Garfield and State of Colorado, to wit:
A tract of land situated in Lot 1 and the SW1/4SE1/4 of Section 20 and in
Lots 2, 3, I and 10 in section 29, Township 6 south, Range 88 west of the
6th P.M., lying southerly of a county road as constructed and in place,
described as follows:
Beginning at a point on the southerly boundary of said road whence the
common quarter corner between said Sections 20 and 29 bears South
28'04'47' East 1 79.35 feet; thence 1 00.28 feet along the southerly boundary
of said road, on a curve to the left having a radius of 1492.87 feet, the chord
of which bears South 78 28'34" East 1A0.24 feet; thence South 80 22'OO"
East 195.18 feet along the southerly boundary of said road; thence South 21
54'00" East 936.44 feet; thence North 02 36'00" West 206.6S feet; thence
Nofth 21 54'00" West 953.49 feet to a point on the southerly boundary of
said road, the point of beginning;
EXCEPTING THEREFROM that portion conveyed to the Board of County
Commissioners of Garfield County by Albert P. Spanheimer by document
recorded September 10,1980 in Book 555 at Page 514 as Reception No.
3C7304;
TOGETHER WITH all water rights appuftenant to the above-described
property, including a 25o/o interest in the Hopkins Spring and all easements
and rights of record for maintenance and transport of said water;
also known as 4002 county Road 1 15, Glenwood Springs, colorado g1601
;
with all its appurtenances, and warrants the title to the same against alt persons claiming
under the Grantors.
After recording return to: Schenk, Kerst & deWinter
3m 8th Sr., Ste. 310, Glenwood Springs, CO 8160t
0,4,
I lllill lllll llllll lill lllll illll lllllll lll llll llll llll
626728 A5/O5/2OO3 @3:37P 81466 P48t Il RLSDORF
2 ot 3 R 15. O0 D A.00 GRRFIELD COUi{TY C0
PLEASE PLACE RECORDING INFORMATION STICKER HERE
NO DOCUMENTARY FEE REQUIRED:
consideration less than $500.00.
Transfer for estate planning purposes with
SIcNED ttris ttl4 day of -1
STATE OF COLORADO
COUNTY OF GARFIELD
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A ..The foregoing instrument was acknowledged before me tnis I lfu day.,,pf,,,.
+*r-,2oo3,byLouisM.LaGigliaan@ia-.:''i,,,...;,':,:,'.j' ,...i"':"'';;',
il .
WITNESS my hand and offi I seal.
My Commission expires:Je,Q.
After recording renrrn ro: Schenk, Kerst & deWinter
302 8th St., Ste. 310, Glenwood Springs, CO 81601O;1l#rbqSlnrSWD arh
itlui|,ru,,e[,i!,#$l{|fl J|g!il#||,![trlnil
PLEASE PLACE RECORDING INFORMATION STTCKER HE,RE
STATE OF COLORADO )
couNrY oF GARFTELD i
tt
_ The foregoing instrument was acknowledged before me this 1st day of May, 2003,
by Donnalyne LaGiglia.
WITNESS my hand and official seal.
My Commission expires: October 31,
Public
s:'1{{fi|''*o,n/f,$
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After recording return to: Schenk, Kerst & deWinter
3@ 8(h St., Ste, 310, Glenwood Springs. CO 81601O:katrrhGsUsrc tn
Garfield County, CO I MaP Print Page I of I
http:llgarfieldco.mygisonline.com/print/?extenF305593.75560583 1,437 5180.041,308450... 1011912015
Garfield County, CO I MaP Print Page I of I
http:llgarfreldco.mygisonline.comlpint/?extent:295039.646282333,4367312.3192398,32... 1011912015
Planning Commission
February !0,2015
TYPE OF REVIEW
APPLTCANT (OWNER)
LOCATION
ACRES
EXISTING ZONING
CORRECTED ZONING
LaGiglia - ZDAA8
Zone District Amendment - Correction to the
Official Zone District Map
Garfield County Community Development on
behalf of Louis and Donnalyne LaGiglia
South of Glenwood Springs, east of SH 82 at 4002
CR 11,5, adjacent to Spring Valley Ranch
5.4-acres
Spring Valley Planned Unit Development
Rural
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The Official Zone District Map of Garfield County was found to contain an error adjacent to the Spring
Valley Ranch Planned Unit Development (PUD)zone district. Staff has reviewed historicaldocumentation
related to the PUD and determined that the subject property is not located within the adjacent pUD
boundaries.
ln order to correct the Official 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 correctly
reflect the Rural zoning of the site.
Adjacent uses include the Spring Valley Ranch
residential PUD and other agricultural
residential uses.
Adjacent zoning includes Rural and Planned
Unit Development, as shown on the map, left.
The 201-3 Land Use and Development Code, as
amended (LUDC) contains regulations
regarding rezoning of property within the
County in Section 4-1,13. Though this action is
a correction to the Official Zone District Map a
llPage
PROJECT INFORMATION AND STAFF COMMENTS
t.DESCRIPTION OF THE PROPOSAL
[.ADJACENT USES
III. APPLICABLE REGULATIONS
Planning Commission
February 1O,2OL5
LaGiglia - ZDAA8398
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-t02, Common Review
Procedures and Required Notice.
C. Review Criteria.
An application for rezoning shall demonstrate with substantial evidence that an error exists in the
OfficialZone 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
4. The proposed rezoning is in general conformance with the Comprehensive Plan
and in compliance with any applicable intergovernmental agreement.
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 that this parcel
requires a map correction and therefore the rezoning action to request correction of the map.
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.
2lPage
. STAFF ANALYSIS
SUGGESTED FINDINGS
Planning Commission
February 10, 2015
LaGiglia - ZDAA8398
e ffrat 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 20L3 Land Use and
Development Code, as amended.
5. That the appllcation is in general conformance with Garfield County Comprehensive Plan 2030.
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.
3lPage
STAFF RECOMMENDATION
EXHIBIT
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