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Home My WebLink About2.0 Staff Report PC 02.10.16Planning Commission, February 10, 2016 Exhibits - Tessadri 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 Presentation G H I J K L M N o P o R S T U EAo? PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. ln 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 -14*.e owners. Iy Maited notice was compteted on the 1)tA o.v orUanj[t€l- ,2016. 7 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 L5 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records in theClerkandRecorderorAssessor,orthroughothermeans[list]- . Please attach proof of certified, return receipt requested mailed notice. E My application required Published notice. y Notice was pubtished on the th ory "r J nVua,ey' ,2ots. . Please attach proof of publication in the Rifle Citizen Telegram. E My application required Posting of Notice. 1 _ IY Notice was posted on the tlfi 0", or'JANU&R{ ,2o1.s. n Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. Y Name: Signature: EXHIBITt Gaffield Couln I testify that the above information is true and accurate. Date: Ad Name: 11779500D Customer: Garfield County Building Your account number is: 1008693 PROOF OF PUBLICATION T,Hfl. R.lfrLf, PUBLIC NOTICE TAKE NOTICE that GARFIELD CoUNTY COMMUNITY DEVELOPMENT has applied to Garfield County, to request a Correction to the Official Zoning Map for the following properties, County of Gartield, State of Colorado; to-wit: PAREE!]1 Legal Description: Parcel B, Traul Second Amended Exemplion Plat Practlcal Descriotion: 6471 CR 1 17 (Four Mile Boad) Description of Request: Cotrect the zoning lrom Oak Meadows Hanch Planned Unit Development to Rural PARCEL 2 Legal Descriotion: Parcel A, Traul Second Amended Exemption Plat Practical Description: 6471 CR 1 17 (Four Mile Road) Description of Request: Correcl lhe zoning from Oak Meadows Ranch Planned Unit Development to Bural PARCEL 3 Legal Descriotion: All that portion of Lots 20 and 22, Section 15, Township 7 South, Bange 89 West of the 6th P.M. described as follows: Beginning at a point on the westerly line of County Road whence the southeast corner ol said Section 1 5 bears South 67i08'E 1665.9 leet: then South 84"05'w 158.6 feet; thence North 6'15'E 233 {eet along the weslerly line ol County lo the Point of Beginning, containing .85 of an acre, more or less. Also that portion ol Lots 20 and 22, Section 15, Township 7 South, Range 89 West of the 6th P.M. de- scribed as lollows: Beginning al a point on the easierly line of County Road whence the southeast corner of said Section 1 5 be;rs So'uth A1"ZO'e 1ASZ.t feet; thence North'3"33'W 45.88 leet; thence North 80"38'E 42.15 feet; thence South 5'23'W 51.13 feet; thence South 87'03'W 34.0 feet to the Point ol Beginning, containing .04 ol an acre, more or less. Practical Oescriotion: 6601 CR 1 17 (Four Mile Road) Description of Reouesti Correct the zoning from Oak Meadows Ranch Planned Unit Development to Rural PARCEL 4 Leoal Description: Parcel C, Traul Exemption Plat Practical Descriotion: TBD CB 1 17 (Four Mile Road) Descriotion of Flequest: Correct the zoning trom Oak Meadows Ranch Planned Unit Development to Rural PARCEL 5 Legal Descriotion: A tracl of land situate in the southeast /4 ol Section 15, Township 7 South, Range 89 Wett of the 6th P.N,'1., being more particularly described as lollows: Beginning at the most southerly poinl of a tiact of land described in Reception No. 288'1 50 in Book 51 4 at Page960oltheOfficeoftheRecordsofGarlieldCountyClerkandRecorder. Thispointalsobeingcoor dinate Pont No. 425, Oak Meadows Flanch, Oak Meadows Filing No. 4, Amended Plat ol Area V; thence along the westerly boundary line ol said tract of land described in Fteception No. 2881 50 the following couraes: North 3O'1 9'1 1 'W 320.26 leet; thence South 69'1 9'47"W 38.00 feet; thence 1 0'01'07'W 89.32 leet; thence departing said westerly boundary line of sard tract of land described in Fleception No. 288 1 50 North 78'09'O7rE 392.66 Feet to a'point on the soulheaslerly boundary line of said tract bl land described in Fleception no. 288150; thence along the southeasterly boundary line of said tract of land described in Fleception No. 288150 the following courses: South 06"15'00":E 233.00 feet; thence South 44"33;00"W 280.66 leet to the Point of Beginning. Practical Description: 6,145 CR 1 17 (Four Mile Road) Description of Request: Correct the zoning lrom Oak Meadows Ranch Planned Unil Development to Rural PARCEL 6 Leoal Descriotion: A tract ot land situate in Lot 22, Section 15, Township 7 South, Bange 89 west ol the 6th P.l\r., lying westerly of the westerly right-of-way line of a County Foad as construcled and in place and Northerly of the righl-of-way line of the main road entering Oak lileadows Subdivision, said tract of land being described as follows: Begjhning at a point on the Westerly right-olway line ol said County Fload, whence the South Quarter ol said Section 15 bears: South 59"44'28'W'1261.38 leet, thence South 04'49'06"E 163.40 feet along the westerly right-of-way line o, said County Floadi; thence S 1 4'20'45'E 192.4A teet along the westerly right-of-way line of said County Road; thence South 73"52'51'W 306.69 feet along the northerly right-of-way line of said Subdivision road; thence North 23"55'09"W !73.'13 leet; thence Norlh 44"33'00'E 280.66 feet; thence North 84"05'00'E 158.60 feet to a point on lhe westerly right-otway line of said County Road, lhe Point of Beginning. The above tract of land contain 2.67 acres, more or less. Practical Description:63 Sun King Drive Description of Request: Coffect the zoning ,rom Oak Meadows Ranch Planned Unit oevelopment to Rural PARCEL 7 Beginning at a point on the southerly boundary line of sajd road, whence the common quarter corner between said Sections 20 and 29 bears south 28'04'47"E 'l 79.35 leet; thence '1 00.28 leet along the southerly boundary ol said road, on a curye to the left having a radius of 1492.87 leel, the chord ol which bears South 78"28'34"E'100.24 leet; thence South 80"22'00'E 195.18 feel along the southerly boundary ot said road; then South 2'1'54'00'E 936.44 teet; thence North 02"36'00'W 206.68 leet; thence north 215400W 953.49 feel to a point on the southerly boundary of said road, the point of beginning: Excepting therefrom that portion conveyed to the Board ol County Commissioners of Garfield County by Albert P. Spanheimer by document recorded September 1 0, 1 980 in Book 555 at Page 51 4 as Reception No. 307304. Practical Description: 4002 CR t 15 Descriotion of Flequest: Correct the zoning lrom Spring Valley Ranch Planned Unit Development lo Rural All persons aflected by the proposed correction to the Zoning i,4ap are invited to appear before the Planning Commission and/or BOCC and state their views, protests or suppo(. lf you cannot appear personally al such hearings, then you are urged lo state your views by letler. The Planning Commission and the BOCC will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to approve, approve with conditions or deny the request. The application may be reviewed online at http://ww.garfield-countv.com/communitv-develoomenVplanning-proiect-intormation.asox or in the Community Development Department located at I 08 8th Slreet, Suite 401 , Garfield County Adminislration Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., N,londay through Friday. A Planning Commission public hearing on the applications has been scheduled ror 1oth day ol February, 2016, at 6:00 P.M. in the County Commissioners lvleeting Room, Garfield County Administra- tionBuilding,l0SSthStreet,GlenwoodSprings,Colorado,Sl60l. ABoardofCountyCommissioners public hearing on the applications has been scheduled lor the 7th day ot March, 2016 at l:00 P.M in the County Commissioners lvleeting Room, Garf ield County Administration Building, 108 8th Street, Glenwood Springs, Colorado, 8'l 601. communitv o*'"'E:l'?iJ3lT,ii' Published in the Citizen Telegram January 7,2O16. (1 1 779500) CITIZEJNJT'fl.Lfl.qR,A]MI STATE OF COLORADO, COUNTY OF GARFIELD I, Michael Bennett, do solemnly swear that I am Publisher of Tlte Rifle Citizen Tblegram. 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 Gaffield 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, 7879, 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 regularand entire issue ofevery 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 ll712016 and that the last publication of said notice was dated ll712016 the issue of said newspaper. In witness whereof, 0Ut2/2016. Michael Bennett, Publisher Publisher Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 0l I 12 12016. My Commission expires: November lr20l9 PAME.I,.A J. SCHULTZ N!TARY PUSLiC STATE QF COLCRAB'J HOTAftY !D *1SS9403087s Neffilbxt,e01! y hand this Legal Desgriotion: A tract ol land situate in Lot l and the SE1/4SE /4 of Section 20 and.in Lots 2, 3, I and 10 in Seciion 29, Township 6 South, Range 88 West of the 6th P.M., lying southerly ol a county road as conslructed and in place, described as follows: have here unto Pamela J. Schultz, Notary Public lul lrl /6 Pe{nb.u df\eu6!s ||owE ,(eleo pel.HsU lE{ pqllhC El O@p€p) FpsH uxqou El (Id6AtqiFp?eU uuagE -JEtJ Ln EtrEE E E]E -J Ln TTr ru Or -EEI-J -J E TJtrl EtrE Ef EEE-J Ln TT TT ru Btr al ttr 9lllE/Irll I0 {JOo 9I'tS id '':'$ $ I6Ieo potct4Bu ehPufu XnW I 3 pe4nbausqPtlo|slFlwl g fslleo pelq4su lFtfl PotHEC I I Os4sP)IdlduurqDul S [U@pDr0l4loauuqsHl E}'E$ 9I'i$ I/'.fiS aoEqfl t po$beu alqDuqs {nwE g ^E^neOpel.t4FoutPli[poUrPJEg (c|tE4sFldt@B urqouE g 0{d@pEto ,31'Et I{t9I8 r} rS$H / LtJlIt) ffI"" StS" t, ^- pqcUlgql ofllB6ls Unptr'E pe4nbcu e/rueuols lflwE (cluo4sts)dP3El ffil6H E (,G@pErt)ldt@g ul6uEl -J E tJ {r1 Etr.E E E]cf E] -l (,,ttr TT ru 01 UJ @ -E anIEfE pa{nbou of,IE OE lnw I p€trt4sg UEl.l pagSPCI uY4aJ suoll3nrlsul Jol asra^ag aas zlo6-000,20.0e92 NSd 91g7 1ray,6-;; t ;J T,i'[{; Itew cqsauoa IdlSCSU o'IIVU\I OAIJIIUSC *acl^ras Ielsod .s.n rd r r cs H,r !vrru't?f#,I-i55 ilew IdlSSIH @-llvtAl 0g 9I'?S (qmaslo)E@aU qqou[ suollcnrlsul rol €sJa^au aas /r06-0oo-zo'0e-cz NSd 9toz llldv 'oogc ulol Id|SCSH @-IlVl lIdl3C3U ollvl l O3lJIIUgC *1oclnJas lelsod's.n suorlcnrlsul JoJ osraiau aas 1t06 ooo-zo.crtjsl Nsd 9167 lrrdy.9699 urrog .-s0-s+- --+rl-*f----1,fi'ts- t p64Dbou Mleuqs XnpV E suoll3nrlsul rol asJalau a"S z106'0( 0'e0'0€slNScl 9toz llrdv'oogE uJol s''g9 ^^ . ?\t L0/v) -\JE TJ trt EI ITEE tfEE{ Lrrtr TT ru BI5 trJ ]@l ?ffir 9t0t/lfiil$ I -UEtJt,I E]trEtl Etrl E]{ [ntrtr ru TI B[90 t_tt_l- i-.{.}. . . . iiri tii, - ; ,.T: ir-rtf'|Ji] r''.'- f, i '.., r: .,_ iD?Ig 0;1 js$Hludi suili,it{l"it rI EttLr ,l!t i' i :3 ,jrf ',f,i - rit'Lrt- l:!t-liiif,-- ji :i-!l"l :rjl, r'.I t ri: I.}FIE ft} .I"lL5U) fl3i{ rdrH0BH .rrw#ti,j;Jrfffi Aluo l!EW c!$autaa J-d[3egH eIBVUS 0HtCttHIC rir oo g) (9z HE <o:E3.+fE.FEH;ESH Oak Vleadows HOA PO Box 1334 Glenrvood Springs, C0 g1602 tJ:Xl: ir}: ;: 1 qrJftX/ttf_, 1{: f =TiFt,l To sEliDtRATTEqeTE! _ r,bT- ii,rouuiruA,i: T+ rci;w,rri. Eti: sx6o].3355oa.,k1"668_06301_tB_::9 r ii rr t1, r, i 1,, 1 i I i I I I i I :, i I i I i l, I I lil lt;iir,,T,1,,,, rilriirl - -sr-tsorG::ss 0ht+[ [DU? 5the Sr+i6 ililt ililil1 | il llllt I llt lil]l I llltl ill rtrl ?u1,5 Ilbr+il EnD? 5bhe 6b5u EXHIBIT D LAND USE CHANGE PERMIT APPLICATION FORMCommunity Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81501 l970l94s-82L2 www.garfield-county.com TYPE OF APPLICATION tr Administrative Review tr Development in 100-Year Floodplain tr Limited lmpact Review tr Development in 100-Year Floodplain Variance tr Major lmpact Review tr Code Text Amendment tr Amendments to an Approved LUCP n Lrn Evrn E sup E Rezoning E zone DistrictE PUD n PUD Amendment tr Minor Temporary Housing Facility tr Administrative lnterpretation tr Vacation of a County Road/Public ROW tr Appeal of Administrative lnterpretation tr Location and Extent Review tr Areas and Activities of State lnterest tr Comprehensive Plan Amendment 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: John Tessandri Trust Phone: (_) MailingAddress: 63 Sun King Drive City:Glenwood Springs state: CO Zipcode: 81601 E-mail: Representative (Authorization Required) Name: Garfield County Community Development phone:(970 ) 945-8121 Mailing Address:108 8th Street, Suite 401 City:Glenwood Springs state: CO ZipCode: 81601 E_mait : keastley@garfield-county. com PROJECT NAME AND LOCATION Project Name: Assessor's Parcel Number: 2394 - 154 - 00 - 006 Physical/Street Add ress:63-Su-n K-ing Drive Legal Description: See attached Zone Distric,' Rural Property size (acres): 2'67 acres Existing l!59' Residential Proposed Use (From Use Table 3-403): Residential DeSCriptiOn Of PrOject: Correct zone district map which incorrectly identifies the site zoning as PUD due to the adjacent Meadows PUD, the site is zoned Rural. Submission Requirements tr The Applicant requesting a Waiver of Submission Requirements per Section 4-2O2. Listl. Section: Sectio n: Section: Sectio n: Waiver of Standards tr The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: ! have read the statements above and have provided the required attached information which is t, //,r// ,- Date File Number:Fee Paid: S correct aryd accurate to the best of my knowledge. Signature of Property Owner PROJECT DESCRIPTION FOR WAIVERS OFFICIAT USE ONtY VICINITY MAP |'./ Lots subject to zoning correction - from PUD to Rural 4 3-o Recorde<l at d o'clock MAY 2 3 1879 frfr/&tlttz RqBERT.M. JESSUP, RUTH K. JESSUP AND BETTY K.whose *dduess is County o1 Garfield , and State of Colorado ., fi-rrgre consideratiorl 61 Ten Dollars andother good and valuable consideration DfIle(rX, in hand paid, Lrgleby sell(s) and quit claim(s) 1tl JOI-lN ANDREW TESSADRI , JR. rvhose aclclr.ess is 1109 Blake Avenue, Glenwood Spring ploperty, in the See Exhibit A on revelse side and incorporated by reference herein. also l<norr,n as street and nurnber rvith al'l its :r1rpr.rltenzrnces Boot< 528 rnriS?O SSADRI MAY 2 3 1979 I [l-ri niiilHn{l4RY [tE 6'-bx{/,r*.-:-------T..k County61 Garfield , and State ol' Colorado , the lbllorving real County of Garfie 1d , and State ofColorado, to wit: Signedtlris J/.n--A anyof ZnT STATE OF COLORADO. Couut.y of The folegoing instrumetrt rvas acknowleclgetl before nre this ,1/ -'..1 day of ),'/("c7 ,rg :/ ? , by ROBERT N{. JESSUp AND RUTI-{'I and BETTY'K. TESSADRI Myconrmission expiles l'1y commission expi;es Junc 28' 1960 Wiiness rny hand and official seal l"- =a z 9 Fo 6 9. \9 zI I I I,t I I !, o @ d o BS rfr D, tF s; oc Fior{lxfH }- E' I'J ETJ o=lgrHlorlc-adlf . d ; I1r-.4 s Il-":el3girl>j<g. l'lt3:93l=: I E Al-<i I s Flnrt ;'I ol.'I 5'l^P H lue IIE I I'b? lE PIPI l-l3L*lla,utlc Ho BooK s:e8 rrcr8Tl EXH]BIT A A tract of land situated in Lot 22, Secti-on 15, Torvnship 7 South, Range 89 ltrest of the Sixth Principal lr{eridian, lying l\resterly -ofthe lVesterly right-of-way line of a County Road as constructed and in place and Northerly of the right-of-rvay line of the main road entering 0ak Meadorvs Subdivision, said tract of land beiug described as follows: Beginning at a point on the llesterly right-of-way line of said County Road, whence the South Quarter of said Section 15 bears: S. 59044'28" 1{. 1261-.38 feet; thence S. 04(,49'06" E. 163'40 feet along the Westerly right-of-way line of said County Roa.d; tirence s. 14"20r45" E. L92.48 feet along the lt/esterly right-of "tiay line of said County Road; thence S. 73o52'51" W. 306.69 feet along the Northerly right-of-way line of said Subdivision road; thence N. 23055t 69tt g. 76.95 feet; thence N. 51o25'09" UI .773.13 feet; thence N. 44 o33 r 00'r E. 2 80. 66 feet ; thence N. 84 o05 I 00" E. 158. 60 feet to a point on the Westerly right-of-way line of said County Road, the point of beginning The above tTact of land contains 2.67 acres, more or less. Subject to protective covenants of record in the office of the Clerk and Recorder of Garfield County, Colorado, as document No. 241503 in Book 396 at Page 113 thereof and an amendment thereto recorded in said office as Document 241554; provided, hotrever, that the side-lot setback required in paragraph 4 of said--.covenants shall not be applicable insofar as it affects the North boundary of said property. illilr lllll ilil llll llll llillll lllll lll lllll llll llll 630838 @7/o2/2oo3 10:O4A 81488 P244 n 0LSD0RF 1 of 1 R 5.00 D O.OO GRRFIELD COUNTY co to the Grantor 1n hand paid hereby confessed and acknol^rJ QUIT CLAIMED, and by these p, following documents re the Garfield county re Quit Claim Deed dated as Rec #294402 in Quit Claim Deed dated as Rec *294404 in Warranty Deed dated as Rec #248706 in TO HAVE AND TO HO],D THE the appurtenances and privile thereunto appertaining, inclinterest and claim whatsoever to the only proper use and IN WITNESS WHEREOF, GTan and year first above written. 1;i( This Deed is made this Za day of f,:. / . , 2OO3 between LTOHN ANDREW TESSADRT, JR., efantor; and TEE-,l6nN--T-nssADRl TRUST, whose address 1s 0063 Sun Xir[q Drive, Glenwood Springs, Colorado QUIT CI,AIM DEED I 1 601 , Grant.ee : WITNESSETH, That Grantorl for good and valuable considerations the Grantee, the receiPt whereof is €d, has remised, released, so1d, and ents does remj-se, release, se11, and QUIT CLAIM unto Grantee fore rt all the rlght, title, interest, claim and demand which Gra described real- property sj-tua Garfiel-d and State of Colora , to wit: That tract of land cont or less, ds more partl tor has in and to the following e, lying and being in the CountY of ining 2.67 acres, more Iarly described 1n the rded in the office of ay 2L, L9"19 and recorded ok 528 at page 8'10;y 27, L979 and recorded k 528 at page 814; and ember l, 7970 and recorded ok 416 at page 299. SAI\'IE, together with all and singular s thereunto belonging or in anywise ing all the estate, right, t.itle, of Grantor, either in law or equitY, nefit of Grantee. or has hereunto set his hand t.he day SIATE OF COIORADO COUIWY OT GNRFIEI.D ) )89. &niOeO, sworn to an t.io, 2003 by John I acknowl-edged before drew Tessadri , Jr. , me this Grantor. ts]/-day nd and notarial $ion expires: R6ruaN -TP'. '."'^l JAMES M. LARSON A PROFESSIONAL CORPORATION P.o. Box 272 GLENWOOD SPRINGS, COLORADO AI 602 3(q <li eaI. Notar Public illlill ilil lllill]ll illl lllllll lllllulllllul'aiodl{ ciitoztzost to'azA B14EE P243 }l RLSDoRF 1 of 1 R 6.00 D O.OO GARFIELD COUNTY CO to be (Unde qt: nl.,r:; 5r STATE OF COLORADO COUNTY OF GARFIELD Johnfirst duly and under srArED{Er{T oE' AIXTEOBTIY (Under C.R.S. S 38-30-172)DD. Tessadri, the unde sworn, make this S the provisions of and have been of a trust na igned, of atement of ddress is 01, whlch lawful age Authority and beingpursuant to I am now,acting trusteeTrust Agreementthe Laws of the dated March 2 State of Col- I am a resident of and iclled in ince March 21, 2003r the sole d the JOEN TESSADRI IRUST, under , 2003. The Trust was formed under ado. Until my death or cessa ion to serve as Trustee, I as Trustee have the sole and c lete authority to ho1d, deal wlth, Colorado, and my residential Glenwood Springs, Coforado 81 address of the Trust- contract with respect to, se mortgage, encumber, Iease, o the trust, and to execute awith regard thereto, incl-udi as 0063 Sun King Drive, G1eparticularly described in do recorder in Book 528 at page Book 4L6 at page 299, any ot Garfield county, 0063 Sun King Drive,is also the mailing trust and consistent with t Agreement. 1, convey/ exchange, borrow, otherwise dispose of any asset indeliver any and all instruments that parcel of real property known od Sprinqs, Co1orado 81601 and uments recorded with Garfield county Bl)t in Book 528 at page 874, and in r real property in the name of such terms and conditions of the Trust ,Sub,scribed, sworn to an v ll tt',i ?003 bY John Tes acknowledged before me on dri, personally known to me oing STAIEMBIT OF AIXIEORIIY rial seal. -t -boX wrui$*P= , LARS.N A PROFESSIONAL CORPORATION P.O Bax 272 GLENwooD SPRINGS, CoLoRADo AI602 Tessadri Ar""z4 ltt . &n oo,._ Notary 108.5 and L72 hand and not on expires: ll I ltr I llr ltl,Hi, IHffll[ I Jlf h{!r]l*ff lh\ I d I ltl, I ll I I IReception$:82903O 12t27 l2O't2 01 l@.@'l or'l Jean Alberico'l of 'l Rec Fee,$11.04 Doc Fce,o.@@ GARFIELD CoUNTY C0 MINERAL DEED The Don L. Lynch and Christine G. Lynch Joint Living Trust, "Grantor", for consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to the Don L. Lynch and Christine G. Lynch Joint Living Trust, Luke L. Lynch, and JoAnne Licht, whose address is 602 Cowdin Drive, Glenwood Springs, Colorado 81601 (collectively "Grantees"), as tenants-in-common, each as to an undivided one- third (ll3) interest, the following real property situate in the County of Garfield, State of Colorado, to-wit: All of Grantor's right, title, and interest in and to all oil, gas, minerals and mineral rights and interests in, on and under and that may be produced from the following described real property in Garfield County, Colorado, together with the right to enter upon, explore, mine or otherwise remove the same upon payment of surface damages: Lots 9, 10, ll, 12, 13, 14, 15,18, 19,2A,22,and23 of Sec. 15; the SE%NE%, NE%SE%, SW%NE%, SE%SE% of Sec.21;Lots 2,3,and 5 and NE%NW% and W7,NW% of Sec 22, and all in T. 7S., R. 89W. of the 6th P.M. in the County of Garfield, State of Colorado; excepting therefrom those two parcels of land containing 0.85 of an acre and 0.04 of an acre respectively, and the water rights described in that certain Quit Claim Deed recorded as Document No. 192429 in Book 290 at Page 221 of the records in the Office of the County Clerk and Recorder of Garfield County, Colorado; with all its appurtenances. SIGNED this 26th day of December,20l2. Don L. Lynch and Christine G. Lynch Joint Living Trust STATE OF COLORADO COUNTY OF GARFIELT) 1'he foregoing instrument was acknowledged before me this 26h day of December,2Ol2, by Christine G. Lynch, as Trustee of the Don L. Lynch and Christine G. Lynch Joint Living Trust, as Grantor. Christine G. Lyn WITNESS SS. '?:X "illI$nfrNu ExPIRES 1 2lapu 3 After recording return to Kerst & Strautman P.C. 823 Blakc Ayc., Stc 202, Clenwood Springs, CO 81601 !'no.,,3, I Xi.*5rd :::;" ;; :;::,4"# ; ililil H;'.'"'J' " Rec Fee: $11.00 Doc Fee: $0.00 eRecorded MINERAL DEED Don Lawson Lynch and christine G. Lync[ as Grantors, for good and varuableconsiderarion, in handpaid, hereby sefl and convey to Don L. ryncrrlio christine G.Lynch, or successors, Trustee of tie Don L. Lynch and chrirrirlE. r_yr"h Joint LivingTrust dated Novernber 30, 2007 as amended, whose address is ooico'wain or.Glenwood springs, c-o- -g160l, Grantees, in the fo[owine *"p";; minerur interestsin lhe County of Garfield and State of Coiorado, to wit: AI of the Grantors'right, titre and interesl in and to the oil, gas and minerar rightsin, on and under and that may be produced from those r""r p.op".ti"i aelcribed asl Parcel I; !$ l:_L': tt, 12, 73, t4, t5,l g, l g, 20, 22 and 23 of section l5; the sE l/4NEl/4,NEI/4sEl/4, s\ /r/4NEr/4 and SEI/4sEli4 of Section:r; rot, i,'i *J s *oNEI/4Nwl/4 and wt/2NWl/4 of section 22, ar inro*"rtrip z sorrr,,i*g. 89 westof the.6ft principal Meridian; *o,or. rpr.ii""iry described and set forth in Deedrecorded January 14,1966 as Reception No. 233134, Book37i,p;g" 38'9 Parcel II: NEl/4swl/4 of section l5 and NEI/4Nwl/4 of Section 22, all in Township g South,Range 89 west ofthe 6th Principal Meridian, as more specifically descriiea and set forthin Deed recorded January 14, 1966 as Reception No. 2i3t3+, s"ok 3i2, pag. esg. County of Garfield, State of Colorado Sigrred this 4*lday of April, 2010. STATE OF COLORADO COTJNTY OF GARFIELD ) ) ss. ) before me this 4 lVA, Mycommissio n "*pir"", / D - /,./- kt iotry in fact. PARCELNB NAME 239522T01,002 PINE, PAMELA R 239515408001 ANDERSEN, SHARON & DE LA GARZA, ALEJANDRO 239515405012 PHILIPS, KENNETH IAN 23951.54050].3 BROWN, SHAWN P & PENNY L 239515405014 ADAMS, RANDAL J & MARY A 239515400006 TESSADRI, JOHN TRUST 23951.5400005 JESSUP, THEODORE A & MARY COOK 239515400007 TRULOVE, TY & TINA 239515400004 JESSUP, THEODORE A & MARY COOK 2395 15405022 O AK M EADOWS HOM EOWN E RS ASSOCIATION 2395 15409001 OAK M EADOWS DEVELOPM E NT CORPORATION ADDRESS2 OO38 SOUTH OAK WAY 46 SUN KING DR 56 E SUNLIGHT COURT 53 E SUNLIGHT COURT PO BOX 266 63 SUN KING DR 29 BUCKSKIN CIRCLE 6445 COUNTY L17 29 BUCKSKIN CIRCLE PO BOX 1334 PO BOX 1298 CITY GLENWOOD SPRINGS GLENWOOD SPRINGS GLENWOOD SPRINGS GLENWOOD SPRINGS WHITESBORO GLENWOOD SPRINGS NEW CASTLE GLENWOOD SPRINGS NEW CASTLE GLENWOOD SPGS GLENWOOD SPRINGS STATE co CO co CO TX co co co co co co ZIPCODE 81601 8160L 8160L 81601 76273 81601 81647 81601 81.647 81602-1.33 81602-129 Tessandri 2395-154-00-006 Garfield County, CO I Map Print Page I of I http:llgarfieldco.mygisonline.com/print/?extent:300404.800219583,4367600.474,301769... l0l19l20l5 Adjacent Property Owner Map for Rezoning Area subject to rezoning Planning Commission February 10,20!5 Tessadri - ZDAA8403 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 John Tessadri Trust South of Glenwood Springs at the intersection of CR 117 and Sun King Drive, adjacent to Oak Meadows Ranch 2.67-acres Oak Meadows Planned Unit Development Rural EU UJ The Official Zone District 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 bounda ries. 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. Four Mile Creek runs through this property. 1l PROJECT INFORMATION AND STAFF COMMENTS l.DESCRIPTION OF THE PROPOSAL II. ADJACENT USES Planning Commission February 10,2OI5 Tessadri - ZDAA8403 The 2013 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 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. 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-!02, 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. 2. 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 Planning Commission. 2lP a g e APPLICABLE REG U LATIONS . STAFF ANALYSIS SUGGESTED FINDINGS Planning Commission February 10,201,5 Tessadri - ZDAA8403 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. 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 F =oPO Nf LJ -1 -J :f S ct'9-o:) I ,<9 <O(D2( ooolr o go_x o_-?OX O'<,{5 {U)-An..-+ \_2_A J.Ll /n .\) a=ii ooo_^ :l o e H e6 g 3 E& o5 ..r1l E8 AE--J- (-<6 a;-< c N qA .d =O- zAo-d d o,-8 -8 8cn __ c-lf = E:l =-* Ct1 ,3 t Pq Lln -\-/as= H 5 ct) d{ o:, OCooFX w o7( C)noC Z. U I i- T-- I \ \I*-----+ i Il,IlIr I -'l- It _-l I -lI-l I -.-- -L I I I It I '--l I I I I("* \\ ,TI-_.t i , tr C i\ m Uo = CN -u C (ffi --l I,1 ' ,J Irr- t-1 I I I 356'Qa.g o tft ,-J I I r' -- l_-ml