HomeMy WebLinkAboutPUD Resolution 2007-561111 P1 1�i��� il��N�r������ r'1��: �1��'�11��� 11111
Reception#: 727163
07/05/2007 10.29:27 R'1 B: 1946 P 0173 Jean Alberico
1 of 3 Rec Fee.$0.00 Doc Fee: GRRFIELD 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 Monday, June 11, 2007, there were present:
John Martin
Larry McCown
, Commissioner Chairman
, Commissioner
Tresi Houpt . 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. 2007-56
A RESOLUTION CONCERNED WITH THE DENIAL OF A PLANNED UNIT
DEVELOPMENT APPLICATION FOR THE RESERVE AT ELK MEADOWS (ALSO
KNOWN AS THE MARTINO AND BERSHENYI RANCHES) OWNED BY ELK
MEADOWS PROPERTIES, LLC
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Planned Unit Development (PUD) Application from Reserve at Elk Meadows,
LLC & Bershenyi Land & Cattle, LLLP, Carol A. Bershenyi, John Wilson Bershenyi and
Alice P. Bershenyi to rezone the Bershenyi and Martino Ranches (totaling 506 acres)
from Agricultural / Residential / Rural Density (ARRD) to PUD in order to support a site
specific development plan including 180 free market residential lots and 10 affordable
housing duplex lots for a total of 200 units and approximately 374 acres of open space;
WHEREAS, prior to the public hearing before the Board of County
Commissioners, the joint -ownership on the Rezoning Application changed from The
Reserve at Elk Meadows, LLC (owning the Martino Ranch) & Bershenyi Land & Cattle,
LLLP, Carol A. Bershenyi, John Wilson Bershenyi and Alice P. Bershenyi (owning the
Bershenyi Ranch) to the sole entity of Elk Meadows Properties, LLC owning both
ranches subject to the Rezoning Application; and
WHEREAS, the properties subject to the PUD Application are known as the
Martino and Bershenyi Ranches which are generally located in lower Four Mile Creek
drainage, south of the City of Glenwood Springs, Garfield County; and
WHEREAS, on April 11, 2007, the Garfield County Planning Commission
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Reception#: 727163
07/06/2007 10:29:27 RM B: 1946 P: 0174 Jean Rlberico
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approved (by a vote of 7 to 0) a request by the Applicant to amend the Proposed Land
Use Designation Map for Study Area I from Medium and Low Density Residential to
Medium and High Density Residential; and
WHEREAS, on April 11, 2007, the Garfield County Planning Commission
recommended (by a vote of 7 to 0) the Board of County Commissioners approve the
rezoning of the subject property from ARRD to PUD with conditions; and
WHEREAS, on June 11, 2007, the Board of County Commissioners opened a
public hearing upon the question of whether the rezoning from ARRD to PUD should be
granted, granted with conditions, or denied at which hearing the public and interested
persons were given the opportunity to express their opinions regarding the rezoning; and
WHEREAS, the Board of County Commissioners closed the public hearing on the
June 11, 2007 to make a final decision; 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 publication, public notice, and posting was provided as required by law
for the hearings before the Planning Commission and before the Board of County
Commissioners.
2. That the public 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 proposed use is not in the best. interest of the health, safety, morals,
convenience, order, prosperity and welfare of the citizens of Garfield County in that;
a. The development is not in character with the neighborhood, and too dense
for a transitional zone / area of urban influence; and
b. The traffic impacts are under reported and are not adequately addressed.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that based on determination of facts set forth above, the
rezone request from ARRD to PUD is DENIED.
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Dated this 82 day of >J (-LAI , A.D. 2007.
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Reception#: 727163
97/05/2007 10.29:27 AM B: 1946 P: 0175 Jean Rlberico
3 nf 3 Rec Fee:33.00 Doc Fee: GARFIELD COUNTY CO
ATTEST:
111 aZ Lte-'.
Cie of the Board
GARFIELD
BOARD
COUNTY
OF
CO ► SIONERS,
G
COUNTY,
Upon motion duly made and seconded the foregoinadopted by
the following vote:
John Martin
Lam/ McCown
Tresi Houpt
STATE OF COLORADO )
)ss
County of Garfield )
, Aye
, Nay
, Aye
I, , 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. 2007
County Clerk and ex -officio Clerk of the Board of County Commissioners
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