HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
Text Amendment to Zone District / Zoning Resolution
GENERAL INFORMATION
(To be completed by the applicant.)
➢ Name of Applicant (Property Owner): BERKELEY FAMILY LIMITED PARTNERSHIP and
MIRIAM BERKELEY
➢ Address: 4001 County Road 114 Telephone: 970.945.2568
➢ City: Glenwood Springs State: CO Zip Code: 81601 FAX: 970.947.001
➢ Name of Representative, if any (Planner, Attorney, etc):
John R. Schenk
➢ Address: 302 Eighth Street, Suite 310 Telephone: 970.945.2447
➢ City: Glenwood Springs State: CO Zip Code: 81601 FAX: 970.945.4767
➢ Specific Section of County Zoning Resolution of 1978 or PUD to be amended:
Resolution 79-64, Section 2.(b)
➢ Purpose for the proposed text amendment:
To reduce number of lots required for the first final plat.
STAFF USE ONLY
➢ Doc. No.: Date Submitted: TC Date:
➢ Planner: Hearing Date:
• •
I. APPLICATION SUBMITTAL REQUIREMENTS
This Application applies to owners of real property in Garfield County who desire to 1) amend, add, or delete
specific text in the County Zoning Resolution, and 2) amend, add, or delete text of an approved zone district
in the Zoning Resolution or an approved Planned Unit Development (PUD).
As a minimum, specifically respond to all the following items below and attach any additional information to
be submitted with this application:
1. Submit a cover letter containing a detailed narrative describing the proposed amendment to an
approved zone district including an approved Planned Unit Development (PUD) or text of the
Zoning Resolution of 1978, as amended. This narrative should describe the overall purpose of
the amendment and the specific sections of the resolution are to be amended.
2. Submit a copy of the deed, legal description, and copy of the County Assessor's Map of the
real property, owned by the Applicant in Garfield County, which will be affected by such change.
3. If you are acting as an agent for the property owner, you must attach an acknowledgement
from the property owner that you may act in his/her behalf.
4. Submit payment of the $300.00 Base Fee: Applicant shall sign the "Agreement for Payment"
form and provide the fee with the application.
5. Submit 2 copies of this completed application form and all the required submittal materials to
the Building and Planning Department. Staff will request additional copies once the application
has been deemed technically complete.
II. PROCEDURAL REQUIREMENTS
(An amendment to an approved zone district or text of the Zoning Resolution is considered a two
step process because it is first reviewed by the Planning Commission which makes a
recommendation to the Board of County Commissions. The following steps outline how the Text
Amendment application review process works in Garfield County.)
1. Submit this completed application form (pages 1-4), base fee, and all submittal requirements to
the Garfield County Planning Department. It will be received and given to a Staff Planner who
will review the application for technical completeness.
2. Once the application is deemed technically complete, the Staff Planner will send you a letter
indicating the application is complete. In addition, the letter will indicate the dates and times
scheduled for your request to be heard before the Planning Commission during a public
meeting (no notice required) and the Board of County Commissioners during a public hearing
(notice required). The Planning Commission will forward a recommendation to the Board of
County Commissioners to be considered during a properly noticed public hearing. Staff will
send you the appropriate "Public Notice Form(s)" indicating the time and date of your public
hearing and will provide you with a Staff Memorandum regarding your request. (If Staff
determines your application to be deficient, a letter will be sent to you indicating that additional
information is needed to deem your application complete.)
3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the public
hearing before the Board of County Commissioners. If proper notice has not occurred, the
public hearing will not occur. Notice requirements are as follows:
a. Notice by publication, including the name of the applicant, description of the
subject lot, a description of the proposed amendment and nature of the hearing,
and the date, time and place for the hearing shall be given once in a newspaper of
general circulation in that portion of the County in which the subject property is
located at least thirty (30) but not more than sixty (60) days prior to the date of
such hearing, and proof of publication shall be presented at hearing by the
applicant.
4. The Applicant is required to appear before the Planning Commission and the Board of County
Commissioners at the time and date of the public meeting / hearing at which time they will
consider the request. In addition, the Applicant shall provide proof at the hearing before the
Board of County Commissioners that proper notice (publication) was provided.
5. Once the Board of County Commissioners makes a decision regarding the request, Staff will
provide the Applicant with a signed resolution memorializing the action taken by the Board.
Following the Boards' approval, this office will make the approved changes to the Zoning
Resolution.
I have re
correct an
Berkeley
Bv:
the statements above and have provided the required attached information which is
accur�,y e . -st of my knowledge.
d Partnership and Miriam Berkeley
ioJcio OLi-
(Signat - re
Last Revise
p
licant/owner
/08/2004
hn R. Schenk Date
To:
• •
APPLICATION FOR PUD TEXT AMENDMENT
Garfield County Commissioners
c/o Garfield County Building & Planning Department
108 Eighth Street, Suite 201
Glenwood Springs, CO 81601
From: Berkeley Family Limited Partnership and Miriam Berkeley
Subject: Zone District Text Amendment /Lake Springs Ranch PUD
1. Nature of Request: An amendment is requested to the text of the Lake Springs Ranch
Planned Unit Development Resolution which amendment will not affect the shape,
boundaries or area of any district in this PUD and which complies with the definition found
in the Garfield County Zoning Resolution of 1978, Section 10.01.01, for a Text Amendment.
2. Text to be Amended: Resolution 79-64, a copy of which is annexed hereto, states in part in
Section 2.(b), as follows:
"That the final plat for at least 25% of the 195 single family residential lots within
the Planned Unit Development shall be submitted in adequate time to assure final
approval of this Board within twelve months of the approval of the Resolution, ..."
3. Requested Change in the Text :
"That the final plat for at least 10% of the 196 single family residential lots within
the Planned Unit Development shall be submitted in each phase of development of
the Planned Unit Development,.... "
4. Name and Address of Property Owner (Applicant):
The Berkeley Family Partnership and Miriam Berkeley, 4001 County Road 114, Glenwood
Springs, Colorado, 81601, Telephone: 970.945.2568, Telecopier: 970.947.0012.
5. Name and Address of Owner's Representative:
John R. Schenk, Schenk, Kerst & deWinter, LLP, 302 Eighth Street, Suite 310, Glenwood
Springs, Colorado, 81601, Telephone: 970.945.2447, Telecopier: 970.945.4767.
6. Legal Description:
Township 6 South, Range 88 West, 6th P.M.
Section 32: Lots 5 and 6
Section 33: Lots 7 through 17 inclusive,
Lots 20 through 23 inclusive,
and NEt/4SE1/4
Section -34: SW1/4SW1/4
Township 7 South, Range 88 West, 6th P.M.
F:\M B\Lake Springs\Application for PUD Text Amendment.wpd Page 1 of 2
• •
Section 4: Lots 2, 3 and 9
EXCEPTING therefrom the above those portions conveyed to the Board of County
Commissioners of Garfield County for road purposes by documents recorded June 3, 1929,
in Book 159 at Page 85 as Reception No. 104496 and in Book 159 at Page 87 as Reception
No. 104498.
7. Existing Use and Size of Property (in acres): Sod farm, other agricultural uses and single
family residences. 441.620 acres
8. Property's Current Zone District Designation: PUD.
9. Proposed Zone District Designation: PUD.
10. Property's Current Comprehensive Plan Designation: PUD.
11. Property's "Study Area" Designation: 1.
Dated this 29' day of May 2004.
Applicants:
The Berkeley Family Partnership
By:
vt..--&----+
Miriam Berkeley
F:\M B\Lake Springs\Application for PUD Text Amendment.wpd Page 2 of 2
•
Recorded at ,241 - Q o'clock / '� li
Reception No. .123827
�r
Michael E.
whose address
Springs
Colorado
QUIT CLAIM DEED
Berkeley
is
Recorder ---BJOK SO4
3961 County Road 114,Glenwood
County of Garfield
, for the consideration of
, and State of
Ten Dollars
Dollars, in hand paid,
hereby sell(s) and quit claim(s) to Miriam M. Berkeley
whose address is 3961 County ..Road 114 , Glenwood
Springs County of Garfield
property, in the
GARFIELD
JIM Y�Fes
$ EXd
, and State of Colorado , the following real
County of Garfield , and State of Colorado, to wit:
A parcel of land situated in Section 33, Township 6 South, Range
88 West of the Sixth Principle Meridian, County of Garfield, State
of Colorado, being more particulary described as follows:
neginning
at a point on the east- west centerline of said Section
33 whence the East 1/4
28' ,;7" c 565.00 feet:
corner of said Section 33 bears S 88 degrees
thence S 43 degrees 00'00" W 780 feet; thence
S 48 degrees W 330 feet; thence S 40 degrees 00' 00" W 160.00 feet;
S 44 degrees 00'00" W 104.80 feet; thence N 88 de;..._
W 1078.18 feet; thence N 01 degrees 31' 23" E 1014...v to a
point on the east -west centerline of said Section 33; thence along
the east -west centerline of said Section 33 S 88 degrees 28' J7"
E 2003.00 feet to the point of beginning. S.t d parcel :cnta as 36.0u
acres, more or less.
also known as street and number
with all its appurtenances
Signed this 24 t h day of May
,1991
STATE OF COLORADO,
ss.
County of
The foregoing instrument was acknowledged before me this
19 !/,by • %:eP.6cL
My commission expires /4/4i2/573
WITNESS my hand and official seal.
day of /%,a
Nin Public
No.898. Rev. 2-35. QUIT CLAIM DEED IShorb form)
BMlo,d Publishing. 17.3 Wuee 51.. Denser. CO 60202 —. W31 29212.2300—,.y0
Ktt.oROED i/ O'CLOCK/I-REC * '_bG1434 Boo • •758JP4GLl y0 APR 2 2 1994
APR 2 2 1114 MILDRED ALSO* GARFIELD COUNTY CLERK GARFiELD
SPECIAL WARRANTY DEED State Doc. Fee
Michael E. Berkeley and Miriam M. Berkeley, Grantors, for consideration o en
Dollars and other good and valuable consideration, in hand paid, hereby sell and convey to The
Berkeley Family Limited Partnership, a Colorado limited partnership, Grantee, whose legal
address is 3961 County Road 114, Glenwood Springs, CO 81601, the following real property
in the County of Garfield and State of Colorado, to -wit:
Township 6 South, Range 88 West of the 6th P.M.
Section 32: Lots 5 and 6
Section 33: Lots 7 through 17 inclusive, Lot 20 through 23, inclusive,
and NE'/ SE'/4
Section 34: SW'44SW'/4
Township 7 South, Range 88 West of the 6th P.M.
Section 4: Lots 2, 3, and 9
EXCEPTING therefrom that parcel of land described on Deed recorded as Reception No.
419600 in Book 795 at Page 72 of the Garfield County records.
AND EXCEPTING therefrom the above, those portions conveyed to the Board of County
Commissioners of Garfield County for road purposes by documents recorded June 3, 1929, in
Book 159 at Page 85 as Reception No. 104496 and in Book 159 at Page 87 as Reception No.
104498.
with all its appurtenances, and warrant the title to the same against all persons claiming under
the Grantors.
SIGNED this
STATE OF COLORADO )
COUNTY OF GARFIELD )
15th day of April
ss.
, 1994.
ichael E. Berkeley
Miriam M. Berkeley
file foregoing instrument was acknowledged before me thisiDt11 this'-11day of
April , 1994 by Michael E. Berkeley and Miriam M. Berkeley.
WITNESS_ my hand and official seal.
My commission expires: 9/13/94 / r/
-1-
Notary Public - Barbara C. Keller
• •
Statement of Response to Sections 4.12.03(1) and (2) of the Zoning Regulations
Berkeley Family Limited Partnership and Miriam Berkeley
PUD Text Amendment
Lake Springs Ranch PUD
4.12 ENFORCEMENT AND MODIFICATION OF PROVISIONS OF THE PLAN
4.12.03 All those provisions of the Plan authorized to be enforced by the County may be
modified, removed or released by the County, subject to the following:
(1) No modification, removal or release of the provisions of the Plan by the County
shall affect the rights of the residents, occupants and owners of the PUD to maintain
and enforce those provisions at law or in equity; and
RESPONSE: The Applicants are the only residents, occupants and owners of
property in the PUD and the proposed amendment requirement for a final plat will
not effect any maintenance or enforcement aspect of the PUD.
(2) No substantial modifications, removal or release of the provisions of the Plan by
the County shall be permitted except upon a finding by the County, following a
public hearing called and held in accordance with the provisions of Section 24-67-
104, C.R.S., that the preservation of the entire PUD does not affect in a substantially
adverse manner either the enjoyment of land abutting upon or across a street from
the PUD, or the public interest, and is not granted solely to confer a special benefit
upon any person.
RESPONSE: The reduction of the requirements for the portion of the PUD which
must be finally platted in the firstfinal plat will not affect the enjoyment of any other
land since this is simply a matter of timing for development and will not negatively
effect the public interest inasmuch as the lower percentage is consistent with current
regulations and does not represent any special benefit for any person, again because
the change will make the PUD consistent with other projects.
FAM B\PUD Amendment Statement of Response to Section 5.03.wpd