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Home My WebLink About2.0 Resolution 2019-50■III1�1�.r1L'� I �I��W�I��4�i 1>S��h `�I H111A 11111 Reception#: 925566 09/17/201B 11:35:41 AM Jean Alberiao 1 of B Rea Fee:$0.00 Doo 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 Administration Building in Glenwood Springs on Monday, the 22nd day of July A.D. 2019, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky , Commissioner Tari Williams , County Attorney Kelly Cave , Assistant County Attorney Jean Alberico , Clerk of the Board Kevin Batchelder County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 9nn - 5c A RESOLUTION OF APPROVAL FOR A PUD MAP AMENDMENT TO THE BATTLEMENT MESA PUD, TO REMOVE SIX PARCELS FROM THE PUD BOUNDARY THAT HAVE BEEN ANNEXED TO THE TOWN OF PARACHUTE, THAT ARE LOCATED SOUTH OF THE COLORADO RIVER AND SOUTHEAST OF THE TOWN OF PARACHUTE OFF OF COUNTY ROAD 305 AND WEST BATTLEMENT PARKWAY, ALSO KNOWN AS COUNTY ROAD 300, GARFIELD COUNTY PARCEL NUMBERS 2407-074-10-001, 2407-071-04-002, 2407- 074-00-007, 2407-074-00-009, 2407-074-00-010, and 2407-074-00-011 Recitals - A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a request for a PUD Map Amendment to remove six parcels from the Battlement Mesa PUD, that were zoned Public, Semi Public, and Recreation (PSR) in the Battlement Mesa PUD ("PUD"). The Application was submitted by the John Lyons Family Partnership, LP and John and Jody Lyons, owners of the property (File No. PUAA-02-18-8505) I'' mill FrAftrivil hIklimmun 1K' lm Yoh 11111 Reception#: 925565 031,712019 11:35:41 AM Jean Rlberioo 2 of 8 Rao Fee:$0.00 Dae Fee:0.00 GRRFIELD COUNTY CO B. The PUD Map Amendment requests that the six parcels that have been annexed into the Town of Parachute be formally removed from the Battlement Mesa PUD. The Applicants own the properties proposed for removal which are described in documents recorded at Reception No. 713735 and 715434, containing 48.125 acres and as further described in Exhibit A. C. The subject properties were located within unincorporated Garfield County prior to annexation to Parachute and are located, south of the Colorado River and southeast of and adjacent to the Town of Parachute and accessed off of County Roads 305 and West Battlement Parkway, also known as County Road 300. D. The Board is authorized to approve, deny or approve with conditions a PUD Map Amendment pursuant to the Garfield County Zoning Resolution of 1978, as amended, and the Garfield County Land Use and Development Code, as amended. E. The Planning Commission opened a public hearing on the 10`h day of July, 2019 for consideration of whether the proposed PUD Map Amendment should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. F. The Planning Commission closed the public hearing on the 101h day of July, 2019, and approved a motion recommending to the Board of County Commissioners approval with conditions of the PUD Map Amendment. G. The Board of County Commissioners opened a public hearing on the 22nd day of July, 2019 for consideration of whether the proposed PUD Map Amendment should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. H. The Board of County Commissioners closed the public hearing on the 22❑d day of July, 2019 to make a final decision. 1. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 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 the meeting. 2 ■HI NFIfOWN1 1 w' ITIRMIM Ivi K ll1 Reception#: 925566 09/17/2019 11:35:41 AM Joan Rlberico 3 of 9 Reo Fee:$0.00 Doc Fee:0.C3 GARFIELD COUNTY CO 3. That for the above stated and other reasons the request to Amend the Battlement Mesa PUD Zoning Map is in the best interest of the health, safety, convenience, order, prosperity, and welfare of the citizens of Garfield County. 4. The Application has met the requirements of the Garfield County Zoning Resolution of 1978 in accordance with the Battlement Mesa PUD approval Resolution No. 82-121 and the provisions set forth therein. 5. That the Application is in general conformance with the Garfield County Comprehensive Plan. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The PUD Map Amendment to the Battlement Mesa PUD to remove six parcels annexed to the Town of Parachute from the PUD is hereby approved subject to the following conditions: 1. All representations of the Applicant, either in testimony or the submitted application, as amended, shall be considered condition of approval unless specifically altered by the Board of County Commissioners. 2. The Battlement Mesa PUD Zoning Map will be redrawn to reflect the amendment to the PUD to remove the requested parcels. The mapping shall be subject to final review and acceptance by County Staff and shall be attached as an Exhibit with the final approval resolutions. Copies of the Map shall be included in the County Files for the Battlement Mesa PUD. 3. The County Official Zone District Map shall be updated to reflect the removal of the parcels from the PUD. Dated this day of fi-eqnc 6-2,✓- , A.D. 20�. 1111 FAIMONW, M 1I1mi VWhi'4�Nki�k1 Y�Yh �l II Recepption#: S25566 09/1712019 11:35:41 AM Jean Alberlco 4 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIEL.D COUNTY CO ATTEST: Jerk of the Board �1ELD CO CAP•' •'•�''��, S 'AL� a s )�'0-40R *ADO Upon motion duly made and sec following vote: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COMMISSIONER CHAIR JOHN F. MARTIN , Aye COMMISSIONER MIKE SAMSON , Aye COMMISSIONER TOM JANKOVSKY , Nay STATE OF COLORADO ) )ss County of Garfield ) the 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 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. 20 County Clerk and ex-officio Clerk of the Board of County Commissioners 4 1111 NFAM[KIN&I CUM A101hkl I lkd 11111 Reception#' 925566 09/17/2019 11:35:41 AM ,lean Rlberico 5 of 8 Rec Fee:$0.00 Doc Fee :0.00 GARFIELD COUNTY CO EXHIBIT A (LEGAL DESCRIPTION & PARCEL MAP PG 1 OF 3) PROPERTY DESCRIPTION The followinq described properties. as described in Reception No, 713735_ Parcel A A Parcel of land situated enilrelywilhin the Battlement Mesa, Inc. Property as recorded at Reception No. 40506, also being entirely within the Battlement Mesa P.U.D., also being located within NE114SE114 Section 7, Township 7 South, Range 95 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Beginning at a point on the North fine of the SE114 of said Section 7 also being a point on the South fine of River Bluff Subdivision, Filing 9 as retarded at Reception No. 352082 and a point on the Westerly line of Battlement Parkway as described at Reception No, 31672g from whence the Southeast comer of said Section 7 bears South 12'22'21' East a distance of 2732.12 feet, thence South 00'57'26" West along the Westerly Line of said Battlement Parkway a distance of 624.34 feel to a point on the north fine of River Bluff Subdivision, Filing 4 as recorded at Reception No. 344069, thence along the North line of said River Bluff Subdivision, Filing 4 North 68'59'40' West a distance of 196.68 feet; thence North 01'37'18' East a distance of 629.09 feet to a point can the North Line of said SE114 Section 7, thence South 87'19'31' East along the South line of said SE114 Section 7 a distance of 189.46 to the point of beginning, Parcel B A Parcel of Land situated entirely within the Battlement Mesa, Inc Property as recorded at Reception No. 408506, also being entirety within the Battlement Mesa P.U.D., also being located within Section 7, Township 7 South, Range 95 West of the Sixth Principal Meridian. County of Garfield, State of Colorado, more particularly described as follows: Beginning at a point on the easterly line of sold Battlement Mesa, Inc. Property also being a point on the southwesterly line of the right -of --way for County Road 305 as described at Reception No. 49239 from whence the southeast comer of Bald Section 7 bears S33°3942'E a distance of 3614.05 feet: [hence the following three (3) courses along the southwesterly right-of-way for said County Road 305. S43'14'11'E a distance of 55.74 feet; thence S34'04'07'E a distance of 107.02 feet: thence S15'3544'E a distance of 66.56 feet to s point on the easterly fine of said Battlement Mesa, Inc. Property; thence N72'1916'W a distance of 13,5E feet to a point an the northerly [Inc of the Gardner Parcel as described In Book 801 at Page 718; thence the following four (4) courses along the north, west and south lines of said Gardner Parcel, S79'47'18`W a distance of 24.89 feel; thence S37'2326'W a distance of 100.52 feet; thence S06'OT27'W a distance of 83.52 feet; thence NB8'48'43'E a distance of 85,28 feat to a point an the easterly line of said Battlement Mesa, Inc. Property; thence the following six (6) courses along the easterly line of said Battlement Mesa, Inc. Property S10'l VIIY'E a distance of 50.84 feet; thence 244.26 feet along the arc of a non -tangent curve to the left having a radius of 1611.114 feel, a central angle of 08'40'56' and a subtending chord bearing S02'50'01'E a distance of 244.03 feet; thence 331,22 feet along the are of a compound curve having a radius of 270.10 feel, a central angle of 70'1640" and a subtending chord bearing 542'18'19"E a distance of 310.85 feet to a point of non -tangency; thence S77'25'36'E a distance of 249.91 feet; thence S82'00'16'E a distance of 142.25 feet. thence N13'52'56"E a distance of 60.00 fact to a point on the west line of the NE114SE114 of said Section 7 also being the west line of the Mahaffey Parcel as recorded at Reception No. 545229; thence the following two (2) Courses along the west and south lines of said Mahaffey Parcel, SOi'30'43"W a distance of 740.26 feet: thence S87'39'21"E a distance of 400.70 feet to a point on the westerly fine of River Bluff Subdivision, Fling 3 as recorded at Reception No. 344068; thence S08'00'25E along said westerly boundary fine of said River Bluff Subdivision, Filing 3 a distance of 110.24 feet to a paint on the northerly right-of-way line for West Battlement Parkway as described at Reception No, 316729; thence the following two (2) courses along the northerly line of said West Battlement Parkway, 66.77 feet along the arc or a non -tang ant curve to the right. having a radius of 450.00 feet, a central angle of 08'30M4" and a subtending chord bearing S70'59'58'W a distance of 66.71 feet; thence S75'15'00"W a distance of 337.46 feet; thence N19'52'07'W a distance of 112.88 feet; thence N33'34'47VV a distance of 307.76 feet: thence N37'44'09"W a distance of 201.75 feet; thence N50"01'25"W a distance of 76.31 feet; thence 337,82 feat along the arc of a curve to the left, having a radius of 240.00 feet, a central angle of 80"38'55' and subtending a chord bearing of S89'39'07'W a distance of 310.61 feet thence S49'19'4VW a distance of 244.79 feet; thence S58'4661'W a distance of 1312.37 feet to a point on the westerly line of said Battlement Mesa, Inc. Property; thence along the westerly Iine of said Battlement Mesa, Inc. Property the following two (2) courses, N23'11'55`E a distance of 380.79 feet; thence N09'5T50"E a distance of 230.56 feet to a point an the south line of River Bluff Subdivision, Filing 2 as recorded at Reception No. 344067; thence the following three (3) courses along the south and easterly lines of said River Bluff Subdivision, Filing 2, S87'39'21'E a distance of 254.75 feet N37'0t'04"E a distance of 210.13 feet: thence N10'10'23"E a distance of 550.00 feet to a point on the east line of the Wambolt Parcel as described in Book 733 at Page 844; thence the following two (2) courses along the easterly tines of said Wambott Parcel, N01'06'12"E a distance of 485.33 feet: thence S88'24 38"E a distance of 03.00 feet: thence N53'18'25'E along a southeasterly line of the Wambolt Parcel and a southeasterly line of the Horbetz Subdivision a distance of 635.50 feet to the point of beginning. ■llit �Jl�' Mill AIN 11111 Recepption#: 925566 09/1Tl2019 11:35:41 AM Jean Alberico 6 of 8 Rec Fea:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A (LEGAL DESCRIPTIONS AND PARCEL MAP PG 2 OF 3) Lot 1 Block 1 River Bluff Filing 8 According to the plat thereof recorded July 22, 1983 as Reception No. 344071 Parcel D Lot 2 Block 1 Replat of River Bluff Filing 9 According to the plat thereof recorded May 7, 1984 as Reception No. 352082 TOGETHER WITH: The following described AropertY as describ-Qd in Receytion No 713734. TOWNSHIP 7 SOUTH, RANGE 95 WEST. 6TH P.M. SECTION 7: ALL THAT PART OF NE114SE114 LYING SOUTH AND WEST OF COUNTY ROAD 305 COUNTY OF GARFIELD STATE OF COLORADO A1KJA THAT CERTAIN TRACT OF LAND BEING A PART OF THE NE114SE114 OF SECTION 7, TOWNSHIP 7 SOUTH, RANGE 05 WEST OF THE 6TH P.M., GARFIELD COUNTY, CO., HAVING BEEN PREVIOUSLY DESCRIBED IN BOOK 981 AT PAGE 741. GARFIELD COUNTY REAL PROPERTY RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS A RESULT OF SURVEY AS FOLLOWS: BEGINNING AT A 518" REBAR AND ALUMINUM CAP (LS 11643) FOR THE S. W. CORNER OF THE NE114SE114 OF SAID SECTION 7, FROM WHENCE A GARFIELD COUNTY BRASS CAP FOR THE N.W. CORNER OF SAID SECTION 7 BEARS N 42' 29' 59" W 5669A9 FEET: THENCE THE FOLLOWING 13 COURSES AND DISTANCES: 1. N o0'57' 25" E 686.50 FEET: 2. S 76'12'01" E 169.94 feet; 3. S 71'49 04' E 73.81 FEET; 4. S 61'15' 49" E 80.62 FEET; 5. S 29'02' 04" E 05.83 FEET; 6. S 14'26 63' E 55.57 FEET; 7. S 04'24' 22" E 53.63 FEET: e. S 02'14' 35' W 54,42 FEET; 9. S 03'46' 23" W 110.48 FEET; 10. S 05'28' 22" W 166.82 FEET: 11. S 01'25' 30" E 54.69 FEET; 12. S 10'21' 59" E 31.78 FEET; 13. N a7'39' 22" W 358.91 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OFCOLORADO mill 11111 -� Reeepptionq: 825566 09/17/2019 11:35:41 AM Jean Alb rloo 7 of 8 Roo Fee :$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHBIT A (LEGAL DESCRIPTION AND PARCEL MAP PG 3 OF 3) (PARCELS REMOVED FROM THE PUD SHOWN AS CROSS HATCHED) XL yi%` •� EA TOWN OF Parcels Removed from PUD BATTLEMENT MESA PUD ��.�� '- . ,� sy1 �F't it •�. i=�.r'' i .L - '1,1� err .: s� - 7 Reception#: 925566 09/17/2019 11:35:41 AM Jean Alberioo 9 of B Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHBIT B — AMENDED PUD ZONING MAP BATTLEMENT MESA AMENDED PUD ZONING MAP w =SR 70r:iNC q1f[ ®REIlOLFO PARCELS FROV oU0 ZC`JVNG 8 F+ROEL5 To 0[ EVOA7) 1. 2107...7400C11 :. 2107C7/00C10 210707/00007 i 24 707110001 74310740OLV9 g, 2{07071C[OC2 q 20Q0• +o,r ...� See PUD Guide for Zone District Classifications - Legend References to A/R/RD for adjacent Zoning should read Rural (R) Lot 47 Valley View Village Lot is zoned Mixed Use (MU) per Resolution 2006-58 PUD Boundary — PSRI Zone District per Resolution No. 2017-22 = 8