HomeMy WebLinkAbout3.0 Staff Report BOCC 03.07.16Board of County Commissioners - March 712016
Exhibits - Traul Exemption, Parcel C - 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 Staff Presentation
G
H
I
J
K
L
M
N
o
P
o
R
S
T
U
TwuL BAdb
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. lnaddition,pleaseinitialontheblanklinenexttothestatementsiftheyaccuratelyreflectthe
described action.
My application required written/mailed notice to adjacent property owners and mineral
owners.
-_T_,> 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 flist]
h
EXHIBITIA
Gaffield Coun
, Please attach proof of certified, return receipt requested mailed notice.
Et My apptication required Published notice.
Z- Notice was published on the -1kday of
. Please attach proof of publication in the Rifle Citizen Telegram.
El My application required Posting of Notice. I\ Notice was posted on tr,e 'l ha^yor Unr-..u,aZV ,201.5.,-1
Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
Name: W
Signature:
! testify that the above information is true and accurate.
Date: t
l*
Ad Name:11779500D
Customer: Gar.field County Building
Your account number is: 1008693
PROOF OF PUBLICATIOI{
THL BTf,LE,
CT.T:LZ-NT'f,,tE.GRAN4
STATE OF COLORADO,
COUNTY OF GARFIELD
I, Michael Bennett, do solemnly s\vear that I am
Publisher of The Rifle Citizen Telegrant, that the
same rveekly newspaper printed, in r,vhole or in part
and published in the Counfy of Garfield, State of
Colorado, and has a general circulation therein; that
said neryspaper has been published continuously
and uninterruptedly in said County of Garfield for
a period of more than fifty-trvo consecutive rveeks
next prior to the first publication of the annexed legal
notice or advertisement; that said nervspaper has been
admitted to the United States mails as a periodical
nnder the provisions of the Act of March 3, 7879, or
any amendments thereof, and that said nervspaper is a
rveekly newspaper duly qualifled for publishing legal
notices and advertisements rvithin the meaning of the
larvs of the State of Colorado.
That the annexed legal notice or adveftisement 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 flrst publication
ofsaid notice rvas in the issue ofsaid nervspaper dated
1/712016 and that the last publication of said notice rvas
dated ll7/2016 the issue of said newspaper.
In lvitness r.vhereof, I have
0U12t2016.
ry hand this
Michael Bennett, Publisher
Publisher Subscribed and slvom to before me, a
notary public in and for the County of Garfield, State
of Colorado this 0l I 12/2016.
Pamela J. Schultz, Notary Public
My Commission expires:
November lr20l9
PAMELA J. SCHULTZ
NCTAFY PUBLIC
STATE CF COLOF,iSC
NOTARY tD ri999J03C8i5
CoBSt,s e$6 ilcrirortr. l. 2S1f
PUBLIC NOTICE
TAKE NOTICE thal GABFIELD COUNry COMMUNITY DEVELOPMEI,IT has apptied to Garfietd Counly,
to request a Correction to the Official Zoning Map for the following properties, County of Garfield, State 6f
Colorado; to-wit:
PARCEL 1
Legal Descrigiion: Parcel B, Traul Second Amended Exemption PIat
Practical Description: 6471 CR 117 lFout tuile Fload)
DCSg!!1iA!_glECqUelLCorrect the zoniog lrom Oak [leadows Ranch Plann€d Unit Devetopment to
Flural
PAHCEL 2
Legal Descriotion: Parcel A, Traul Second Amended Exemption Plat
Practical Descrjption: 6471 CR 117 (Fout lvlile Road)
Descriplion of Fleouest: Correctlhe zoning trom Oak lUeadows Flanch Planned Unit Development
to Rural
PABCEL 3
leoql qeqcripti_on: All that portion ot Lols 20 and 22, Section 1 5, Township 7 Soulh, Range 89 West of the
6lh P.M. described as follows:
Beginning at a poinl on the weslerly hne of County Fload whence the southeast corner of said Section I 5
bears Soulh 67"08'E 1665.9 feet; lhen South 84,05'W 158.6 feet; thence North 6,15'E 233 leet alono the
westerly line of County to lhe Point of Beginning, containing.S5 of an acre, more or less.
Also that portion of Lots 20 and 22, Section 15, Township 7 South, Ftange 89 West ol the 6th p.M. de-
scribed as follows:
Beginning at a point on the easterly line ol Countv Road whence the sourheast corner of said Section 1 5
bears Soulh 67'20'E 1632.'l leet; theqce Nortir3'33'!V 45.88 feet; thence North 80'38'E 42.15 leet;
thence South 5'23'W 51.1 3 feet; thence South 87'03'W 34.0 leet to the Point of Beginning, containing .04
of an acre, more or less.
Practical Descriptio!: 6601 CR 1 17 (Four tltile Boad)
A€Se!A!q!_9LECg!eS!: Correct the zoning from Oak Meadows Flanch Ptanned Unit Development to
Bural
PABCEL 4
Legal Descriotion: Parcel C, Traul Exemption Plat
Practical OescriptioO: TBD CR 117 (Four Mile Road)
ee$lpIigrciEeSues!: Correct the zoning trom Oak Meadows Banch Planned Unit Development to
Flural
PARCEL 5
comm unity o",","rE!li?iJ3tTff ,
Published in the Citizen Telegram January7,2O16. (1129500)
lqg4lggsqlf4gL A tract of land situate in the southeasi /4 of Seclion 15, Township 7 South, Range 89
West of the 6th P.l!4., being more padicularly described as lollows:
Beginnin-g a] the most southerly poinl of a tract ol land described in Fleception No. 2881 50 in Book 5 1 4 at
?age 990 of the OJfrce of the Records of Garield County Clerk and Recoidcr. This point also being coor-
dinate Ponl No. 425, Oak lvleadows Ranch, Oak Mead6ws Fiting No. 4, Amended Plat ol Area V; ihence
along the westerly boundary line of said tract ol land described in Reception No. 2881 50 the following
courses: Nonh 30'I 9'1 1'W 320.26 feel; thence South 69'1 9'47"W 38.00 feet; thence 1 0.01 '07'W 89.32
feet;.thence departing said westedy boundary line ol said tract of land described in Beception No.288150
North 78"09'07"E 392.66 Feet to a point on the southeasterly boundary line of said tract bl land described
in Fleception no. 2881 50; thence along the southeasterly boundarv line of said tract of land described in
Reception No.288150 the following courses: South 06'15'00":E 233.00 feet; thence South 44"33;00.W
280.66 feet to lhe Poinl of Beginning.
Practical Descriotion: 6445 CFt 117 (Four ttlile Ftoad)
qCge!p!9! AlEC.Sq ! Correct the zoning lrom Oak Meadows Ranch Planned Unit Development to
Rural
PAHCEL 6
Leqal Descriplion: A tract of land situate in Lot 22, Section '15, Township 7 South, Flanqe 89 West ol the
6lh P.N.4., lying westerly of the westerly right-of-way line of a County Road as constructed- and in place and
Northerly of the right-ol.way line ol the main road entering Oak Meadows Subdivtsion, said tract of land
berng descflbed as lollows:
Beginning al a point on the Westerly right-of-way line of said Countv Foad. whence the South Quarter of
said Seclion 15 bears: South 59'44'28'W 1261.38 reet, thence South 04.49,06.E 163.40 feet aronq the
westedy right-of'way line of said County Fload;; thence S 14"20'45'E 192.48 teet along the wes-terlyright-ol-way line of said CoLnty Road; thence South 73'52'51'W 306.69 feet atonolhe northerli
right-ol-way line of said Subdivision road; lhe4ce North 23'55'09'W 173.13 feet; thence N6rth 44,33'OO'E
280.66 feet; thence Norlh 84'05'00'E I 58.60 feet to a point on the westerly right-ol-way tine of said
County Fload, lhe Point of Beginning. The above tract of Iahd contain 2.67 acrei, m-ore or lesi.
Praclical Descriotion:63 Sun King Drive
Description of Request: Correct the zoning rrom Oak Meadows Ranch planned Unit Development to
Rural
PARCEL 7
Leoal Desqriotion: A tract of land situate in Lot I and the SE'l/4SE1/4 of Sectjon 20 and in Lots 2. 3, 9
and 1 0 in Sectjon 29, Township 6 South, Range 88 West of the 6th p_M., tying southerly ol a county road
as constructed and in place, described as lollows:
Beginnlng at a_point on the southerly boundary Ijne of said road, whence the common quarter corner
between said Seclions 20 and 29 bears south 28"04'47"E '1 79.35 feet; thence 1 00.28 ieet along the
southedy boundary o, said road, on a curye to the left having a radius of 1492.87 leet, the chord ot which
bears South 78'28'34"E 1 00.24 feet; thence South 80"22'00'E 't 95.1 8 feet atong the southerly boundary
of said road; then South 21"54'00'E 936.44 reet; thence North 02"36'00"W 206.68 leet; th'ence north
215400W 953.49 feet to a poinl on the southerly boundary of said road, the point ol beginning:
Excepting_therekam that dortion conveyed to the Board of CoLnty Commissioners ol "Garfie'id County by
Albert P. -Spanheimer by document recorded September 10. 1980 in Book 555 at Page 514 as Ftecepiion
No. 307304.
Practical Descriotion: 4002 CH 1'15
ACqqtpXo_!_qfBeqge$ Correct the zoning rrom Spring Vattey Ranch ptanned Unil Devetopment to
Bural
All persons affecled by the proposed correction to the Zoning Map are inv,ted to appear belore the
Planning Commission and/or BOCC and state their views. pfutesis or support. lf y6u cannot appear
personally at such heaings. ihen you are urged to slale your views by letter. The planning Commissionand the BOCC will give consideration lo the comments ol surrounding property owners, and others
affecled, in deciding whelher to approve, approve with conditions or den-y the reqlest. The application
may be reviewed online at
http:/4vwEqarfield-pouJrtv.com/comnrJnity-develoomenUolannino-oroject-inlormation.asox
or.in.the Commlnily Dev_elopment Department located at 106 Stfi Street, Suite 401, Garfield County
Administration Building, Glenwood Springs, Colorado between the hours of B:30 a.m. and 5:00 p.m:,
tulonday through Friday.
A Planning Commission public hearing qn the applications has been scheduled ,or I Oth day ol
February,2016, at 6:00 P,M. in the County Commissioners Meetino Room. Garfield Countv Adminiatra-
tion Building_, 1 08 8th Street, Glenwood Springs. Colorado, I 1 601 . A Board ol County Corimissionerspublic hearing on lhe applications has been scheduled lor the 7th day of March, 2-016 at 1:00 p.M in
the County-Commissioners l\y'eeting Boom, Garfietd County Administration Buitd'ing, .lOB 8th Street,
Glenwood Spnngs, Colorado, 8'1601.
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CERTIFI EE.MAIU., RECEIPT
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Oak llleadorvs I{OA
PO Box 1334
Glenrvood Springs, CO S1602
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Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
1970'1945-82L2
www. ga rfi eld-cou nty.com
TYP OF APPLICATION
tr Administrative Review tr Development in 100-Year Floodplain
tr Limited lmpact Review tr Development in 100-Year Floodplain Variance
Major lmpact Review I EI Code Text Amendment
Amendments to an Approved LUCP I E Rezoning
I un f]trlttn flsup I E Zone Districtfl puo E puo Amendment
E Minor Temporary Housing Facility _-tr Administrative lnterpretation
Mt Review l Ef Aieas and Activities of State lnterest
INVOLVED PARTIES
Owner/Applicant
Nrrma. John M. Traul, Jr.Phone: (_)
Mailing Address:15537 SE Elinor Street
Clackamas state: OR Zip code:97015
-l-E
A.**r"d.tion Pursuant to Fair Housing Act
E Time Extension (also check type of original application)
tr
Representative (Authorization Required)
Name: Garfield County Community Development
108 8th Street, Suite 401
Phone: ( 970 )945-8212
Mailing Address:
city: Glenwood Springs
E_mait : keastley@garfield-cou nty. com
state: CO Zip code:81601
PROJECT NAME AND TOCATION
Assessor's Parcel Number: 2395
CR 117Physical/Street Address:
legal Description:Parcel C, Traul Exemption
Rural Property Size 2.05 acres
-D
LAND USE CHANGE PERMIT
APPLICATION FORM
tr Vacation of a County Road/Public ROW tr Appeal of Administrative lnterpretation
Project Name:
Existing l-l59' 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
ontheOfficial ZoningMapasbeingzonedPUDfortheadjacentOakMeadowsRanchPUD. Thelegal descriptionofthePUDdoesnot
include this site.
Submission Requirements
tr The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Waiver of Standards
E the Applicant is requesting a Waiver of Standards per Section 4-1"18. List:
Section: Section:
I have read the statements above and have provided the required attached information which is
ti /)cfir
Date
File Number:Fee Paid: $
Signature of Property Owner
PROJECT DESCRIPTION
FOR WAIVERS
Section:
Section:
Sectio n:
Section:
accurate to the best of my knowledge.
VICINITY MAP
Lots subject to zoning
correction - from PUD to
Rural
Becor<Jedat 7
-
tlclock f_!'L,
r]
Reccption No.
Q.uile/atro
KNOW ALL MEN BY THESE PRESENTS THAT
JOHN Ii. TNAUL, JR. TRUST
unlt
Cror/
Becorder
$l a TrusE
D a Colorado Corporation
D a PartnershiP
ll a Limited PartnershiP
G/:fiFiELD
Siate Doc. Fert Ox,n
JAIi6ise3
First Party c/o Roger
One Oal<r.rood Park -
Bumgar-ner - Tr-ustee
Professlonal Center
P.O. Box or Street Address
Castlc Rock. C0 80104
State Zip
in consideration of ten dollars and other valuable consideration, irr hand paid, hereby sells and qultclaims
JOHJ,I I'I. TRAUL JR.
and{or
to
Second Party
6471 117 Road
t! rnc,ivloually
E joint terrancy
E tenancy in common
D a Coloraclo Corr;oraiion
E a Partnership
fl a Limited Partnership
tary Pu
P.O. Box or Street Address
Gl.envood Springs,CO I r.601
City State
the following described property in the County of Ga r:f ield and State of Colorado:
A LracE oi land siEual-e in Ehe southeast quar:ter of Section i5, T. 7 S.
R. 89 i.1., 6Lh P-11., cont.aining 2,46 acr"es, more or 1ess, as more
parLieu:l.ar1y dcscribed in a deed recorded j.n Elre office of the Clerlr
and Recorder of Garfielcl County, Colorado as Rec. No. 314150 in lJoolt
57 O ar. Page 133 ihereo.f ,
logerl-rer vrifh al.1 improvemenEs l-hereon arnd all easemenLs, righrs of lvay, rsaLe!.. rj-ghLs,
privi.Ieges, agreemenLs ancl
withallitsappurtenances, buE EXCEPI and SUBJECT 1I0 al.l easemenEs, rlghts of way, resrricElo
reserva,:ions and agreemenEs of record, I
SIGNED tis ?Odaav ot \Qq,-,leG-- , A.D.rc 2-t/
(NO STATE DOCUIIENTARY FEll REQUIRED - discribution to
L:rusu bene..ficiar:y in connectj-on with Lerm:Lnat:i.ng Lrust
and consideration l.ess than $100.00.)
J(.)t.tN
Zip
STATE OF COLORADO
COUNTY OF DOUCLAS
-))
^ -The foregoing instrument was acknowledgecl before nre this in'- duy ol
19 t/.1.4 by Roger Bumgarner, Trust-ee of Ehe JOHN 11, TIL\UL, JR. TRUST.
)) ss.
)
Witness my hand and official seal.
My commission expires;
My Commisslon Explr::s Oclobeill6, lS96
Ono Oakvrcc.! P!:r[ P,ol, Ccnicr- Castlo Bock, CO e!lC4
NOTE:
'lf applicable. mork iqurro wilh x.
Singular ihall includo plural as cootexl rsquiiss.
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SHELTON - Form 2
to+zvt v+tvztzvtu uo..+t.ot rtvt ralge I (,t I
Jean Alberico, Garfield County, Colorado
Rec Fee. $1 1.00 Doc Fee: $0.00 eRecorded
MINERAL DEED
Don lawson Lynch and christine G. Lynch, as Grantors, for good and varuabreconsideration, in handpaid, hereby sell and convey to Don L. Lynch and christine G.Lynch, or successors, Trustee ofthe non i. rynct ana ctr;sii"i C iy"rt Joint LivingTrust dated Novembel3!,_2-!07 as amended, ,lrhor. address is 602 Cowdin Dr.Glenwood springs, co. gl60l, Granrees, inihe foflorvinc;.;p;;.iinerrr interestsin the County of Garfield and State of Coiorado, to wit:
AII of the Grantors'right, titre and interesr in and to the oil, gas and minerar rightsin, on and under and that *"y1e produced from those rrur p.op..ti""Jiraura ,.,
Parcel I;
Lots 9, 10, ll, lZ, 73, 14, 15, I g, lg, ZO, 22and 23 of Section I 5; the SE l/4NE l/4,NEI/4SEI/4, SWI/4NEt/4 and SEU4Sil/4 of Secrion 2t; Lots i,: *Ji *aMl/4Nwl/4 and \vrl2NWI/4 of Section 22,ailint"*"rnip z-sou;;R;g.89 westof the 6m principar Meridian; * r"r. tp..ii""ily described and set forth in Deedrecorded January 14,1966 as Reception No. Zf:i:4, Book 372, i,"g. i;;.
Parcel II:
NEl/4s1'vl/4 of section l5 and NEI/4MVI/4 of Section ?2,a\inTownship 8 south,Range 89 west ofthe 6s rrincipar Meridian, as more specificaily describJ and set forthin Deed recorded January 14, ri66 as Reception N o.233734,Book 322, page 3g9.
County of Garfield, State of Colorado
Signed this r<t ,r4day of April, 2010.
in fact.
STATEOF COLORADO
COTINTY OF GARFIELD
)
) ss,
)
before me this day of
'sr*Mq4{rl rvA,
Mycommission expires: / f - A/=/.Oi
Christine G. Lynch
llll H,l ll1rlt1',Hri,lf f.tll{ljlfl*lr':LlHl*fi lrfl l{i't Il lll
Reception#: 829O3O
12127 12012 O1:1O:@1 Pl'l Jgan Flberico1 of I Rec Fcc:g11.OO Doc Fc.:6.@O GARFIELD CoUNTY C0
MINERAL DEED
The Don L. Lynch and Christine G. Lynch Joint Living Trust, "Grantor", for
consideration of Ten Dollars (S10.00) and other good and valuable consideration, in hand paid,
hereby sells and conveys to the Don L. Lync! and Christine G. Lynch Joint Living Trust,
Luke L. Lynch, and JoAnne Licht, rvhose address is 602 Corvdin Drive, Glenwood Springs,
Colorado 81601 (collectively "Grantees"), as tenants-in-colrunon, each as to an undivided one-
third (l/3) interest, the following real property situate in the County of Garfield, State of
Colorado, to-wit:
Allof 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 otherrvise remove the same upon payment of surface
damages:
Lots 9, 10, ll, 12, 13,14, 15,18, 19, 20,22, and23 of Sec. 15; the SE%NE%,
NE%SE%, SW%NE%, SETASEY' of Sec.2l; Lots 2,3,and 5 and NE%NW% and
W7rl.{W% of Sec 22, and all in T. 7S., R. 89W. of the 6tl' P.M. in the County of
Garfield, State of Colorado; excepting therefrom those trvo 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;
rvith all its appurtenances.
SIGNED this 26th day of December, 2012.
Don L. Ly'nch and Christine G. Lynch
Joint Living Trust
STATE OF COLORADO )
) ss.
couNTY oF GARFTELD )
1'he foregoing instrument was acknowledged before me this 26b day of Decenrber,2012,
by Christine G. Lynch, as Trustee of the Don L. Lynch and Christine G. Lynch Joint Living
Trust, as Grantor.
WITNESS m
[i#:1 "fitx$ff ffi qryHES 1 qpril1 3
After recording return to Kerst & Slrautman P.C
821 Blakc Avc., Stc 202, Glenwood Springs, CO 81601
Christine G. Ly
My
Y'
PARCELNB NAME
239515405014 ADAMS, RANDAL J & MARY A
239515405015 MARKUSON, JAMES J & CATHERINE H
239515400007 TRULOVE, TY & TINA
23951.5400004 JESSUP, THEODORE A & MARY COOK
239515405016 MILLER, JANICE C
239515400008 TRAUL, JOHN M. JR.
2395154050!7 ELY, DORIS M REVOCABLE TRUST
239515405018 HAWKINS, DALE R &JEAN E
2395 1540502 2 OAK M EADOWS HOM EOWN ERS ASSOCIATIO N
2395 15409001 OAK M EADOWS DEVELOPM ENT CORPORATION
239515400013 LINN, SANDRA K & KLARNER, JEFFERY C
ADDRESS2
PO BOX 266
29 E SUNLIGHT COURT
6445 COUNTY 117
29 BUCKSKIN CIRCLE
26 E SOPRIS COURT
15537 SE ELINOR ST
38 E SOPRIS COURT
46 E SOPRIS COURT
PO BOX 1334
PO BOX L298
1910 GLENDALE DRIVE
CITY
WHITESBORO
GLENWOOD SPRINGS
GLENWOOD SPRINGS
NEW CASTLE
GLENWOOD SPRINGS
CLACKAMAS
GLENWOOD SPRINGS
GLENWOOD SPRINGS
GLENWOOD SPGS
GLENWOOD SPRINGS
LAKEWOOD
ZIPCODE
76273
81.601-9244
81601
81647
81601
97015
81601
81601-9234
81,602-1,334
81,602-1298
80215
STATE
TX
CO
CO
CO
CO
OR
CO
CO
CO
CO
CO
Garfield County, CO I Map Print Page I of 1
Adjacent Property Owner Map for Rezoning
Area subject to rezoning
ExHlslr
TYPE OF REVIEW
APPLTCANT (OWNER)
LOCATION
ACRES
EXISTING ZONING
CORRECTED ZONING
Board of County Commissioners
March 7,20L6
Traul Exemption, Parcel C - ZDAA8405
Zone District Amendment - Correction to the
Official Zone District Map
Garfield County Community Development on
behalf of John Traul, Jr.
South of Glenwood Springs on CR 117, adjacent
to Oak Meadows Ranch PUD
2.05-acres
Oak Meadows Planned Unit Development
Rural
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
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. Public
Lands are located nearby. Adjacent
zoning includes Rural, Planned Unit
Development and Public Lands, as shown
on the map, left
Four Mile Creek runs through the
property.
llPage
I
ECT INFORMATION AND STAFF COMMENTS
DESCRIPTION OF THE PROPOSAL
II. ADJACENT USES
Board of County Commissioners
March 7,201,6
Traul Exemption, Parcel C - ZDAA8405
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. REZON|NG.
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
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 several parcels that
require a map correction and therefore the rezoning action to request correction of the map.
L. That proper public notice was provided as required for the hearing before the Board of County
Commissioners.
2lPage
STAFF ANALYSIS
SUGGESTED FINDINGS
!II. APPLICABLE REGULATIONS
Board of County Commissioners
March 7,zOtG
Traul Exemption, Parcel C - ZDAA8405
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
which time they unanimously recommended that the
req uest.
a public hearing
Board of County
held on February l-0, 2016 at
Commissioners approve the
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
PLANNING COMMISSION RECOMMENDATION
BOARD OF COUNTY COMMISSIONER DELIBERATION