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HomeMy WebLinkAboutResolution 2008-112mill K K11PPINI AW Wh+ mi hu Ihy h 11111 Reception#: 755914 10107!2008 02,00:08 PM Jean Rlberico 1 of 5 FRec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Tuesday, the 19'h day of February, 2008, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Tresi Haupt , Commissioner Don DeFord , County Attorney Jean Alberico , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2008-112 A RESOLUTION MEMORIALIZING THE REVOCATION OF THE UNCOMPLETED PORTION OF THE SANDERS RANCH PLANNED UNIT DEVELOPMENT AND REZONING THAT PORTION TO RESIDENTIAL GENERAL SUBURBAN DENSITY (RGSD) & LEAVING THE 54 -ACRE CONSERVATION EASEMENT ZONED AS OPEN SPACE / CONSERVATION DISTRICT OF THE SANDERS RANCH PLANNED UNIT DEVELOPMENT Parcel Id: 2393-182-00-102 WHEREAS, the Board of County Commissioners of Garfield County, Colorado initiated the following action: Because the Bair Chase Preliminary Plan has become invalid and the project timeframes in the phasing plan in the Sanders Ranch PUD have been exceeded, the Board of County Commissioners is required to take the following action pursuant to Section 4.09.02 of the Garfield County Zoning Resolution of 1978, as amended: 1) Revoke approval for the uncompleted portion of the PUD, or 2) Require that the PUD be amended, or 3) Extend the time for completion of the PUD one (1) time, for a period not to exceed one (1) year from the expiration of the original time limit. WHEREAS, the subject property is owned by River Bend Colorado, LLC, is zoned as the Sanders Ranch PUD, and is located within the High Density Residential designation in Study Area I of the County's Comprehensive Plan of 2000; mill Iii�iF��l�,l�ll�,�t,l~�Ih,lrl�h,,ll�� milli Reception#: 756914 10/07/2008 02:M08 PM Jean Alberico 2 of 5 Rec Fee:$0,00 Doc Fee .0.00 GARFIELD COUNTY CO WHEREAS, Sanders Ranch Planned Unit Development (PUD) was approved by the Board of County Commissioners (BOCC) in 2001 which is memorialized in Resolution 2001-27. This zoning approval (from ARRD to PUD) accommodated a site specific development plan that included a golf course, 62 single-family dwelling units and 168 multi -family dwelling units for a total average density of 1.22 acres / du or conversely, 0.81 du / acre; WHEREAS, on Wednesday, December 12`h, 2007, the Garfield County Planning Commission, in a public meeting, Pursuant to Section 4.09.02 of the Garfield County Zoning Resolution of 1978, as amended, recommended (by a vote of 3 to 2) the Board of County Commissioners 1) revoke approval for the entire Sanders Ranch PUD and 2) rezone the property to Residential General Urban Density (RGUD) to be consistent with the high-density residential designation in the Comprehensive Plan; WHEREAS, the Board of County Commissioners held a public hearing on Tuesday, the 19a' day of February, 2008 in order to consider the requirement, pursuant to Section 4.09.02 of the Garfield County Zoning Resolution of 1978, as amended requiring the Board take one of the following actions regarding the Sanders Ranch PUD: 1) Revoke approval for the uncompleted portion of the PUD, or 2) Require that the PUD be amended, or 3) Extend the time for completion of the PUD one (1) time, for a period not to exceed one (1) year from the expiration of the original time limit. WHEREAS, the Board of County Commissioners held a public hearing on Tuesday, the 19d' day of February, 2008 at which hearing the public and interested persons were given the opportunity to express their opinions regarding the action required by the Board Section 4.09.02 of the Garfield County Zoning Resolution of 1978, as amended; and WHEREAS, the Board of County Commissioners, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: 1. That proper notification was provided as required by law for the meetings and hearings before the Planning Commission and before the Board of County Commissioners. 2. That the public meetings and hearings before the Planning Commission and the Board of County Commissioners were extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings. 3. That the application has met the requirements of the Garfield County Zoning Resolution of 1978, as amended. ■III IMi�i���,p�11�,��,py'+��+y�l�iii,lrlll�� 1I 111 Reception#: 756914 3Dof 52Rec FeeO$©�©©PDoeJean Fee;01 OrGARFIELD COUNTY Co 4. That, the Board of County Commissioners found that the approximate 54 -acre conservation easement held by the Roaring Fork Conservancy (zoned as Open Space / Conservation District in the Sanders Ranch PUD) constituted a completed portion of the Sanders Ranch PUD. 5. That, pursuant to Section 4.09.02 of the Garfield County Zoning Resolution of 1978, as amended, the Board of County Commissioners revoked approval for the uncompleted portion of the Sanders Ranch Planned Unit Development which consists of the whole property specifically excluding the area located in a conservation easement held by the Roaring Fork Conservancy (zoned as Open Space / Conservation District in the Sanders Ranch PUD) as shown in Exhibit A, attached. 6. That, by revoking the uncompleted portion of the PUD zoning on the property, the Board is required to apply a zone district in its place and that such a zone district shall be consistent with the high-density residential designation in the Comprehensive Plan of 2000. 7. That the Board of County Commissioners rezoned the uncompleted portion of the Sanders Ranch PUD to Residential General Suburban Density (RGSD) as shown in Exhibit A, attached, finding it to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 8. That, the Board of Commissioners unanimously voted to vacate Resolution 2007-115 and by that action, Resolution 2007-115 is of no force or effect and is replaced in its entirety by this resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that based on the determination of facts set forth above, the uncompleted portion of Sanders Ranch Planned Unit Development is revoked and that portion has been rezoned to Residential General Suburban Density (RGSD) leaving the area encompassed by the conservation easement held by the Roaring Fork Conservancy zoned as Open Space / Conservation District in the Sanders Ranch PUD as shown in Exhibit A, attached. Dated this day of A.D. 2008. ATTEST: of the Board GARFIELD COUNTY BOARD OF 4TY, Bill Rec ton#: 7569��4,p�II�� YIW cwa IF�Ii��' Recepison#: 756914 10!07!2008 82:00:08 PM Jean Alberico 4 of 5 Rec Fee: $0.00 Doc Fee:0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin , Aye Larry McCown , Nay Tr6si Houpt , Aye STATE OF COLORADO ) )ss County of Garfield ) 1, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2008 County Clerk and ex -officio Clerk of the Board of County Commissioners mill !i�'�. F'�����+��I� �� �� �l��, 11111 Reception#: 756914 Jean Alberico 10/0712008 02:00:08 PM 5 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A - ,Re;�ylle c)RGSD 93 c) �1.) zo///,//() t' ' lf�t' & Loaro ?- -�It l t' C 011,�er `atloll Easell1old osolllfioll ol'I 9 7S, R' ds (Y)I)// (-.--'011S07-(1fio11 Dishy*tl 111,Valldtpl��- R� � ) n P .T�� �c1��