HomeMy WebLinkAbout3.0 Staff Report BOCC 03.07.16Board of County Commissioners - March 7r2016
Exhibits - LaGiglia Zone District Correction
Exhibit
Letter
(A to Z)
Exhibit
A Public Hearing Notice Affidavit, with attachments
B
C Garfield County Comprehensive Plan 2030, as amended
D Application
E Staff Report
F Staff Presentation
G
H
I
J
K
L
M
N
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P
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R
S
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CounGarfield
PUBLIC HEARING NOTICE INFORMATION
please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. ln 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.
r
F All owners of record within a 200 foot radius of the subject parcelwere 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]
-
r Please attach proof of certified, return receipt requested mailed notice.
My application required Published notice.
. Please attach proof of publication in the Rifle Citizen Telegram'
E My application required Posting of Notice. I
K Notice was posted on the Vh day ot4a.>'vtz1 ,201f.
r Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the Public.
Mailed notice was completed on ,n" th day of
(
ANULA{-,zoto
! testify that the above information is true and accurate.
Name:
Signature:
Date:
Ad Name:11779500D
Gustomer: GarJield County Building
Your account number is: 1008693
PROOF OF PUBLICATION
THf,- BIF'Lf,
gLT:I-zf,-NT'f, LE-G-BAM
STATE OF COLORADO,
COUNTY OF GARFIELD
I, Michael Bennett, do solemnly s\\'ear that I am
Publisher of The Rifle Citizen Tblegron4 that tl.re
same rveekly newspaper printed, in rvhole or in part
and published in tlie County of Garfield, State of
Colorado, and has a general circulation therein; that
said nervspaper has been published continuously
and unintermptedly in said County of Gaffield for
a period of more than fifty-tivo consecutive rveeks
next prior to the first publication of the annexed legal
notice or adveftisement; that said nervspaper 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 nervspaper is a
rveekly newspaper duly qualified for publishing legal
notices and advertisements rvithin the meaning of the
larvs 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 r,veekly nelvspaper for the period of 1
consecutive insertions; and that the first publication
ofsaid notice rvas in the issue ofsaid nervspaper dated
11712016 and that the last publication of said notice rvas
datedll712016 the issue of said newspaper.
In lvitness u'hereof, I have
0u1212016.
y hand this
PUBLIC NOTICE
TAKE NOTICE that GABFIELD COUNTY COMMUNITY DEVELOPMENT has applied lo Garfield Countv,
to request a Correction to the Ofiiciat Zonlng L4ap for the following properties, County of Garlield, State ol
Colorado; to-wit:
PARCEL 1
Leoal Descriolion: Parcel B, Traul Second Amended Exemption Plat
Practical Descriotion: 6471 CR 117 (Fout ltlile Foad)
Descriotion of Reouest: Correct the zoning lrom Oak Meadows Ranch Planned UniI Development lo
Flural
PARCEL 2
Leoal Descriotion: Parcel A, Tra!l Second Amended Exemption Plat
Practical Descriolion: 6471 CH I 17 (Four Mile Boad)
Descriotion of Reouest: Cortect the zoning trom Oak Meadows Banch Planned Unil Development
to Fural
PARCEL 3
Leoal Dercriotion: All that portion of Lots 20 and 22, Section .15, Tovrnship 7 South, Bange 89 West of the
5th P.M. described as follows:
Beoinnino at a ooinl on the westerlv line of Countv Boad whence the soulheast coIneI ol said Section 1 5
be;rs So-uth 67'08 E 1665.9 feet; then South 84'05'W 158.6 feet; thence North 6'15'E 233 feel along the
westerlv line ol County to the Point of Beginning, containing .85 of an acre, more or less.
AIso lhat portion o, Lbts 20 and 22, Seciion 1-5, Township 7 South, Flange 89 West of the 6th P.M. de-
scribed as follows:
Beginning at a point on the easterly line of County Fload whence the southeast corner of said Section 1 5
beirs so-uth ai'zo'e laaz: leet: thence Norlh'3'33'W 45.88 leel; thence North 80"38',E 42.15 feet;
thence South 5'23'u/ 51 .1 3 feet; thence South 87"03'W 34.0 feet to the Point ol Beginning, containing .04
ol an acre, more or less.
Praciical Descriotion: 6601 CR I 17 (Four Mile Road)
Descrioiion oi Feouesti Correct the zoning from Oak fuleadows Banch Planned Unit Development to
Rural
PAHCEL 4
Leoal D€scription: Parcel C, Traul Exemption Plat
Practical Descriotion: TBD CB 117 (Four Mile Road)
Descriotion of Fleouest: Correct the zoning trom Oak Meadows Ranch Planned Unit Developmeni to
Rural
PAHCEL 5
Ieoal Dmriotion: A tract of land situate in the southeast '/4 of Section 15, Township 7 South, Flange 89
PAfulELA J. SCHULTZ
NOTARY PUBLiC
STATE OF COTCEAOO
FiorMY ,D {i999J03C875
Cffitsrih eSiB lcffiix r, Ale
Publisher Subscribed and srvom to
notary public in and for the County
of Colorado this 0ll12l20l
before me, a
ofGarfield, State
Pamela J. Schultz, Notary Public
My Commission expires:
November 1,2019
WEll ot-tne gtn p.tt.. beino more oarticularlv descr;bed as lollows:
Beoinnino at the moll soujherlv point o{ a t;act ol land described in Reception No. 2981 50 in Book 5'1 4 at
Pa;eg6doftheOfficeoftheR-ebordsofGarfieldCountyClerkandRecorder. ThispointalsobeingcoorBeoinnino at the most souihe
Pale 96dof the Office of the of Garlield County Clerk and Reco'der. This point also being coor
anch. Oak Meadows Frlino No 4. Amended Plat ol Area V: thenceOlniie pont tlo. +2s, Oaf lrteaoows Ranch, Oak Mead6ws Filing No. 4, Amended Plat ol Area V;
alono the westerlv boundarv Iine ot said tract ol land described in Fleception No. 288150 the foalono the westerlv boundary Iine ol sa;d tracl ol land described in Fleception No. 288 1 50 the following
couries: North 30 19'1'l'W 320.26 feet; thence South 69"19'47'W 38.00 feet; lhence 10-01'07'W 89.32
leet: thence deoartine sa,d westerlv boundary line ol said tract ol land descrjbed in Beceplion No.288150
Norih 78 o9'07rE 39i.66 Feet to a'point on rhe sout'reasterly boundary line of said tract ol land described
in Reception no. 288'1 50; thence aiong the southeasterly boundary llne of said tract of land described in
Fleceptrbn No. 288150 the lollowing c-ourses: Soutn O6'i5'Oo':E 233.00 feet; thence South 44'33;00'W
280.66 feet to the Point of Beginning
EleqllealDCseiplion: 6445 CR 1 17 (Four Mile Hoad)
DescriDtion ol Feouest: Correct the zoning lrom Oak lteadows Flanch Planned Unit Developmenl to
Rural
EAE_C-E-LE
LeqaTDffiriptiqn: A tract of land situate in Lot 22, Section '15, Township 7 South, Bange 89 west ol the
oiEEtvflElig resterly of the westerly right-of-way line of a County Fload as construcled and in place and
Nortireay of tie righf6f-way line ol tFe main roaci entering Oak Meadows Subdivision. said tract of land
being described as lollows:
Begiinning at a poinl on the Westerly right-of-way line of said County Ftoad, whence the South Ouarter of
sai-d Section 15 bears: South 59"44'28'W 1261.38 feet, thence South 04'49'06"E 163.40 feet along the
weslerly right-of-way line ol said County Road,; thence S 14'20'45'E 192.48 feet along the westerly
right-ollwiy line of'said County Floadi thence South 73'52'51'W 306.69 feet along the norlherly
rid'ht-of-way'line of said Subdivisi6n road; thence North 23'55'09'W 173.13 leet; thence North 44'33'00'E
250.66 feeit; thence North 84'05'00'E 158.60 feet to a point on the westerly right-of-way line of said
County Boad, the Point of Beginning. The above tracl ot land contain 2.67 acres, more or less.
Practical Descri0iion:63 Sun King Drive
Descrjotjon of Flequest: Correcl the zoning lrom Oak Meadows Ranch Planned Unit Development to
Rural
PARCEL 7LEoill Dmriotion: A tract of land situate in Lot 1 and lhe SE1/4SE1/4 of Section 20 and in Lots 2, 3, 9
enE,loln S6;tion 29, Township 6 South, Range 88 West of the 6th P.M., lying southedy ol a county road
as constructed and in place, described as follows:
Beginning at a point bn the southerly boundary line o, said road, whence the common quarter corne'
beiweeq-said Sections 20 and 29 b6ars south 28'04'47'E 179.35 leet; thence 100.28 leet along the
southerlv boundarv of said road, on a curve to the left having a radius ol 1492.87 feel, the chord ol which
bears South 78"2634'E 100.24 feet; thence South 80"22'00"E 195.18 feet along the southerly boundary
ol said road; then South 21'54'00'E 936.44 teet; thence North 02"36'00"w 205.68 feet: thence north
2154OOW953.49feettoapointon thesoutherlyboundaryolsaidroad.thepointolbeginning: -Excepting therefrom that dortion conveyed tolhe Board 6l County Commissioners of Garfield Gounty.by
Albert P.-Spanheimer by document recorded September 10, 1980 in Book 555 at Page 514 as Fleceptaon
No. 307304.
Practical Descriotion:4002 CR 115
Descriotion of Fleouest: Correct the zoning lrom Spring Valley Flanch Planned Unit Development to
Flural
All persons allected by the ploposed correction to the Zoning Map are invited to appear before the
Plahning Commission and/or BOCC and state their views. protests or support. lf you cannot appear
personaliy at such hearings, then you are urged to state your views by letter. The Planning Commission
;nd the -BOCC will givtconsiddration to the comments ol surrounding property owners, and.others
ailected,indeciding-whethertoapprove,approvewithconditionsordenytherequesl. Theapplication
mav be reviewed online at
httd://w. oarf ield-countv.
or'in tfre C6mmunrfy DEvetopment O-partment located at 108 8th Street, Suite 401. Garlield-County
Administration Building, Glehwood Sp'rings, Colorado between the hours ol 8:30 a.m. and 5:00 p.m.,
[4onday through Friday.
A Planning Commission public hearing on the applications has been scheduled lor 1oth day ol
February,2015, at 6:OO P-itit. in the County Commissioners Meeting Room, Garfield County Administra-
tion Building, l08 8th Street, Glenwood Spiings, Colorado, 81601. A Boatd o, Counly Commissioners
public hea;ing on the applications has been scheduled lor the 7th day of March,2016 at 1:00,P.M in
itre County C6mmissioridrs Meeting Room, Garfield county Administction Building, 108 8th Street,
Glenwood Springs, Colorado, 81601.
com m un ity Dever opE:h?if
AiT,l?,
Published in the Citizen Telegram January 7,2016. (11779500)
Michael Bennett, Publisher
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Community Development Department
108 8th Street, Suite 401
Glenwood SPrings, CO 81501
(e7ol945-82L2
www. ga rfi eld-countv.com
tr Development in 100-Year Floodplaintr Administrative Review
tr Development in 100-Year Floodplain Variancetr Limited lmpact Review
tr Code Text Amendmenttr Major lmpact Review
E Rezoning
EI Zone Districtfl PUD I PUD Amendment
tr Amendments to an APProved LUCPI un nvtn n sup
tr Administrative lnterPretationtr Minor Temporary Housing Facility
E Vacation of a County Road/Public RoW tr Appeal of Administrative lnterpretation
tr Areas and Activities of State lnteresttr Location and Extent Review
tr Accommodation Pursuant to Fair Housing Acttr Comprehensive Plan Amendm
tr Variancetr Pipeline
E lime Extension (also check type of application
Name: Lori. rnd Donnuly^" LrGlffi
Mailing Address: 4002 CR 1 15
Glenwood Springs state: CO Zipcode: 81601
Name: Garfield Cornty Corrrnity D"r"loprd Phone: P70 )945-8212
108 8th Street, Suite 401
Glenwood Springs state: CO Zip code:
E-mait: t "rttt.V@grtfi"ld-
Assessor/s parcet Numb eri 2187 291-- - 00
-
913
phvsical/street Address ' 4002 CR 1 15
Legat Description: See attached
zone Districa' Rural Property size (acres): 5'4 acres
LAND USE CHANGE PERMIT
APPLICATION FORM
TYPE OF APPLICATION
INVOLVED PARTIES
Owner/Applicant
E-mail:
Representative (Authorization Required)
PROJECT NAME AND LOCATION
Project Name:
Existing ll59; Residential
Proposed Use (From Use Table 3-403): Residential
Description of Project:Correction to the Zone District Map to reflect the Rural zoning of the parcel. The site erroneously appears
ontheOfiicial 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:
Waiver of Standards
tr The Applicant is requesting a waiver of Standards per section 4-118. List:
Sectio n:
Section:
I have read the statements above and have provided the required attached information which is
my knowledge.
Signature of ProPertY Owner
correct and accurate to the
"t_-_"4 u /rt/r-
PROJECT DESCRIPTION
FOR WAIVERS
Section:
Section:
Section:
Sectio n:
Fee Paid: S
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COUNTY
illlill llilt ililfl]il ]ililffiil[ilIilil]illt fft526728 O5/O5/2dO3 03:37P 81468
1 of 3 R 16.00 O o.OO GRRFIELD
RLSDORF
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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 sell and convey to Louis M. LaGiglia and Donnatyne
LaGiglia, Grantees, as tenants in common, whose legal address is 4002 County Road
115, 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, 9 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:
Beglnning at a point on the southerly boundary of said road whence the
common quarter corner between said Sections 20 and 29 bears South
28"44'47'East 1 79.35 feet; thence 100.28 feet along the southerly boundary
of said road, on a curve to the left having a radius o'f 1492.87 feet, the chord
of which bears South 7828'34" East 10A.24 feet; thence South 8022'00"
East 1 95. 1 B feet along the southerly boundary of said road; thence South 2 1
54'00" East 936.44 feet; thence North 02 36'00" West 206.68 feet; thence
North 21 54'0A" 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 appurtenant to the above-described
property, including a 25% 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 81601 ;
with all its appurtenances, and warrants the title to the same against all persons claiming
under the Grantors.
After recording reurn to: Schenk, Kerst & deWinter
302 8th St., Ste. 310, Glenwood Springs, CO 81601
',f1,
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llllilt llill llllll lil llll llll illlll lll illll llll llll
626728 Oa/O5/2OO3 03:37P 81455 P48t ll RLSD0RF
2 ol 3 R 16.0A D A.00 GRRFIELD COUNTY C0
PLEASE PLACE RECORDING INFORMATION STICKER HERE
NO DOCUMENTARY FEE REQUIRED: Transfer for
consideration less than $500.00.
stGNED tris ttl4 day of ,tro.; I
estate planning purposes with
,20a3.
STATE OF COLORADO )
) ss.
couNTY oF GARFTELD )
n ..The foregoing instrument was acknowledged before me tnis I l4 day,,,pf,,,,
+"]--,2003,byLouisM.LaGigliaan@ia*....i;'.,.;i.,,.1.;,J-,
WITNESS my hand and offipi I seal.
My Commission expires:t@Q.
yl"
Notary Public
il
After recording return [o: Schenk, Kerst & deWinter
302 8th St., Ste. 310, Glenwood Springs, CO 81601O:6lLcil!:lWD fr6
it?ullu,i{#l#J;+l.'#J!g!*#l|Htrrpr
PLEASE PLACE RECORDING INFORMATION STICKER HERE
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 seat.
My Commission expires: October 31,2005 q:';;'#
.: ---.+L- :
?i:"BLtc...;Public
After recording return to: Schenk, Kerst & deWinter
3m 8th St., Ste. 310, Clenwood Springs. CO 81601Otn rUGclisE tfr
Garfield County, CO I Map Print Page I of 1
http:llgarfieldco.mygisonline.com/print/?extent:305593.75560583 1,437 51 80.041,308450.. ' l0l19l20l5
Garf,reld County, CO I MaP Print Page I of I
SPRING VALLEY HOLDINGS LLC
PO BOX tr146
2L8721700167
LAGIGLIA, LOUIS M & DONNALYNE
4OO2 COUNTY ROAD 115
218729700043
SULLIVAN, MICHAEL J & CHRISTINE
3780 COUNTY ROAD 115
218729200044
HELMICH, LINDA L & DONALD B
4006 COUNTY ROAD 115
2t8729200t09
AUSTIN, ]AMES H
3726 COUNTY ROAD 115
218729200110
A
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O24mi
USDA NAJP
http:llgarfreldco.mygisonline.com/printl?extent:295039.646282333,4367312.3192398,32... l0l19l20l5
EXHIBITfe Board of County Commissioners
March -1,201-6
JessuP -ZDAA84O7
TYPE OF REVIEW
APPLTCANT (OWNER)
LOCATION
ACRES
EXISTING ZONING
CORRECTED ZONING
Zone District Amendment - Correction to the
Official Zone District MaP
Garfield County Community Development on
behalf of Theodore Jessup and Mary Cook
South of Glenwood Springs at 6601 CR 117
adjacent to Oak Meadows Ranch
.85-acres
Oak Meadows Planned Unit Development
Rural
The Official Zone oistrict Map of Garfield County was found to contain several errors around the Oak
Meadows planned Unit Development (PUD) zone district. Staff has reviewed historical documentation
related to the oak Meadows pUD and determined that the subject property is not location within the 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 residential use in the
Oak Meadows PUD and other agricultural
residential uses. Adjacent zoning includes
Rural and Planned Unit Development, as
shown on the map, right.
The site sits between Four Mile Road and
Four Mile Creek.
--l-t
,4.
II. ADJACENT USES
DESCRIPTION OF THE PROPOSAL
llPage
Board of County Commissioners
March 7,2016
Jessup -ZDAA8407
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 decision issued
by the Board of County Commissioners.
4-113. REZONING
A.Overview.
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.
2.
3.
1.
2.
Applications for rezoning shall be reviewed and a recommendation made by the
Planning Commission, and decided by the BOCC.
Rezoning may be initiated by the BOCC, the Planning Commission, the Director,
or the owner of the subject property.
The rezoning request may be processed concurrently with a Land Use Change
application and review process.
The proposed rezoning would result in a logical and orderly development pattern
and would not constitute spot zoning;
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;
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.
3.
4.
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 correction of the map.
1. That proper public notice was provided as required for the hearing before the Board of County
Commissioners.
2lPage
APPLICABLE REG U LATIONS
'. STAFF ANALYSIS
SUGGESTED FINDINGS
Board of County Commissioners
March 7,201.6
Jessup -ZDAA84O7
2. That the hearing before 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.
The Planning Commission considered this application at a public hearing held on February 1"0, 2016 at
which time they unanimously recommended that the Board of County Commissioners approve the
req uest.
Should the Board determine that the proposed zone district amendment is in compliance with the LUDC
staff requests that the Board authorize the Chairman to sign the resolution and the corrected Zone
District Map.
3lPage
PLANNI NG COMMISSION RECOMM ENDATION
BOARD OF COUNTY COMMISSIONER DELIBERATION