The URL can be used to link to this page

Home My WebLink About2.00 Staff Report & Exhibits BOCC 04.10.20232023 Rezoning of Sweetwater Parcels Type of Review Rezoning File Number ZDAA-8935 Applicant Sheryl Bower - Garfield County Community Development Director Owner United States of America Legal Description See Exhibit 6 - Deed Practical description Area 2 – An area surrounding Sweetwater Lake off of County Road 150, about 19 miles northeast of Glenwood Springs. Assessor Parcel #’s 186305400079, 186309200082, 186308100075, 186309200080, 186309200003, 186309300083, 186309300076, 186309400081, 186309300084, 186309300077, 186309400078 Lot sizes About 488.65 Acres Current Zoning Rural Proposed Zoning Public Lands Exhibit # Exhibit Description 1 Public Notice Information Form & Proof of Notice 2 Garfield County Land Use and Development Code, as amended 3 Garfield County Comprehensive Plan of 2030 4 Application 5 Staff Report 6 Deed 7 Referral Comments – Eagle County 8 Referral Comments – Gypsum Fire Protection District 9 Referral Comments – Colorado Parks and Wildlife 10 Staff Presentation Gøffield Coulnty PUBLIC HEARING NOTICE INFORMATION please check the appropriate boxes below based upon the notice that was conducted for your public hearing. ln addition, please initial on the blank line next to the statements if they accurately reflect the described action. ú My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the 6th day of March, 2023. All owners of record within a 200 foot radius of the subject parcel were 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 Ilist] J/ _L Please attach proof of certified, return receipt requested mailed notice ø My application required Published not¡ce. ,/ Notice was published on the 9th day of March, 2023. Please attach proof of publication in the Rifle Citizen Telegram ú My application required Posting of Notice. way Notice was posted on the 8th day of March, 2023' Notice was posted so that at least one sign faced each adjacent road right of generally used by the Public. I testify that the above information is true and accurate. Name: Signature Date: / U.S. Postal Service'" CERTIFIED MAIL@ RECEIPT Domestic Mail Only il. 0 r,post^"rt " #åJ o rLru ru.¡ ú.¡ J f! r':lffEE Ef ru Êft rjl tr{cfrr aÉ lfl rO Certif¡ed Fee Retum Receipt Fee (Endorsement Requ¡red) RestricÌed Deliveru Fee (Endorsement Beqúire_d) {r-,¡ Tolal Poslage & Fees IUNITED STATES OF 1617 COLE BLVD. BLDG 17 LAKEWOOD, CO 80401 Cert¡fied Fes Retum Receipt Fee (Endorsement Requ¡red) Restricted Delivery Fee (Endorsement Bequired) -+ r-t?l_!. Total Postage & Fees JAMES & IRENE 844 CR 186 PARKER, CO 80138 Certified Fee Retum Receipt Fee (Endorsement Requ¡red) Total Postage & Fees {'1 r LARRY & PAMELA 6 -.or*r ÉaøÉ qq HOPE RD 1864 SWE poJtäså Certified Fee Heturn Receipt Fee (Endorsement Requ¡red) Restricted Del¡very Fee (Endorsement Required) Total Postâge & Fees +T! BUREAU OF LAI\D E 23OO RIVER FRONTAGE RD. SILT, CO 81652 po&*gu Certified Fee Betum Rece¡pt Fee (Endorsement Requ¡red) Restricted Delivery Fee (Endorsement Required) +¡-r r Total Postage & Fees 1617 COLE BLVD. BLDG 17 Ér'r 14 rqruÉf" if m ru.¡ EA .-E !rr r{tf EI EI É ru EO rl f EIr! rrr --E rA JIf,f! E É) EI trl ru EO rjl ^fråÉr! rjl f ru -J EA.¡ Jrr r{ trlEE E3 ru6 Jrl EIr! Restricted Delivery Fee (Endorsement Required) EIr:l ru-¡ Etr -! r! r{ EIctct Êlfu Ëo r{ ¿ [:rr8522 S RIVER RD. OLATHEO CO 81425 $ Seautt ÉRetum Mall R*eiiPt Re6üic'Þd Delvory U.S. Postal Service'" CERTIFIED MAIL@ RECEIPT Domestic Mail OnlY U.S. Postal Service'" CERTIFIED MAIL@ RECEIPT Domestic Mail OnlY 6 2923,"'" cr 7 ü "!,4 H ií..; iùm PS Form 38OO, July 201 4 See Reverse for lnstruct¡ons For delivery v¡sit our webs¡te at $ I *ol,Uil Postmark o aia¿s tl Ll.1 ffi, fi ;jlt.:::;1\d ., *''1" PS Form 38oO, JulY 2014 See Reverse for lnstructions v¡s¡t our website atFor U.S. Postal Service'" CERTIFIED MAIL@ RECEIPT Domestic Mail Only U.S. Postal Service'" CERTIFIED MAIL@ RECEIPT Domestic Mail Only F.$ fi ¡rl $åg r¡f il:Trf #rf fi ;i'. ", :. ,a lj Wpþ ;: t-ilj 0 6'@'. information, vis¡t our website al |'!:.-:'!.t,sos.com@, lnstruct¡ons For '$ t_li l{ rì ûr! ¡l¡t 0 6 ffit#- PS Form 3800, July 201 4 See Reverse for lnstrucl¡ons information, v¡s¡t our website atFor LAKEWOO co 80401 R€€lpt0ødæpy) Rælpt (elæûontc) E Ce¡Unø ¡¡al¡ Resdcte¿ Oel¡sy tAdutt Stgnsüæ R€qut€d $ $ s Er¿ult EREtr¡n trnst,n $il. dl $4.15 For vis¡t our webs¡te at www-usps.com@ U.S. Postal Service'" CERTIFIED MAIL@ RECEIPT Domestic Mai! & r Jr l.l-l lf,rr[r Ëtr tr¡ trtt3 Ë¡ E] :f E E- 11 Efrr JORDANALLEN 4940 CR 150 81637 rumrlJt rnr!r EO Êl EI ÉtÉ Ét) rj|trl rrr{ tr¡ rç ?g WHITB RIVER N PO Box 948 o 81602 G LEt{wooD SPRTNGS' C lotjl fl.t -.9 ÉJI!rr rjl trtÉ É¡ Ël ru4t rã ï rjl ET f! Certified Fee Return ReceiPt FeR (Endorsement RequÚeo¡ Ë"ïJ'S:*"?f H""ü'f""'i Total Postage & Fees LLC TURRETS END ST Po Box 6880 co 81 631 U.S. Postal CERTIFI Domesiic Mail OnlY Service ED MAIL@ R ECEIPT $t],å3 Þt. r'-' ourå oo For website alvisit our i-iü ilt:l il3'jlj'4 j Postmark ooo oiw¡ wå$iE*I ffi !fr *dú # Æw va #u For visit our website alwww. File No. ZDAA-8935 BOCC Hearing 4/10/2023 Philip Berry, AICP 1 2023 Rezoning of Sweetwater Parcels DESCRIPTION OF THE PROPOSAL This application is being reviewed in conjunction with Application CPAA-8934 requesting the amending of the Future Land Use Map Designations for some properties around Sweetwater Lake. This application requests that those same parcels be rezoned from Rural to Public Lands. The parcels are located along CR 150 which is accessed from I-70 in Eagle County. The vicinity map below highlights the rough area. The parcels are currently zoned Rural. Publicly owned (Bureau of Land Management and White River National Forest) parcels (# 186720200951 and # 186311200951) are zoned Public Lands. In 2021, the federal government obtained ownership of the parcels to support the long-term protection of Stillwater Lake and surrounding areas. The Land Use and Development Code (LUDC) definition for the Public Lands Zone District is provided below: Meanwhile, the Rural Zone District is intended to serve rural residential areas, agricultural resource lands, agricultural production areas, and natural resource areas. Figure 1 Vicinity Map File No. ZDAA-8935 BOCC Hearing 4/10/2023 Philip Berry, AICP 2 APPLICABLE REGULATIONS Section 4-113 Rezoning of the LUDC provides the process and review criteria for a rezoning application. The Staff Analysis section of this report will provide and address the review criteria. Submittal requirements for a Rezoning application includes a Rezoning Justification Report that was included in the application. REFERRAL AGENCY COMMENTS This application is being processed in conjugation with a FLUM Amendment application that includes both these parcels and an additional parcel not part of this application. Because of there were two applications closely related being reviewed concurrently, several referral agencies provided one set of comments for both applications. No referral agencies posed questions or concerns regarding the request. Full comments are included in the Appendix. 1) Eagle County, Janet Aluise – Provided a review of the application in context with its neighboring FLUM designations. Expressed no concerns with the application. 2) Colorado Parks and Wildlife, Matt Yamashita – Reviewed the application with respect to Area 2 and had no concerns regarding the rezoning. Private Ownership Private Ownership Private Ownership Private Ownership Public Ownership Public Ownership Figure 2 Area Zoning NTS. Red Outline shows rough area of rezoning. Zone Districts shown on map. File No. ZDAA-8935 BOCC Hearing 4/10/2023 Philip Berry, AICP 3 3) Gypsum Fire Protection District Justin Kirkland, Fire Chief – noted that while under federal ownership, the district would not be responsible for responding to issues on the site. Other agencies and jurisdictions included in the referral request: Garfield County Attorney’s Office, Emergency Management, Bureau of Land Management, US Forest Service, USDA White River National Forest. STAFF ANALYSIS REVIEW CRITERIA The following review criteria are taken from the LUDC 4-113 Rezoning. 1) The proposed rezoning would result in a logical and orderly development pattern and would not constitute spot zoning; Staff Response: The rezoning of these parcels will mirror the use of the Public Lands zone district on the neighboring federally held properties. Privately held property in the area is zoned Rural. The Public Lands zone district is intended to serve properties owned by federal and state entities, such as the properties included in the application. 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; The properties changed in ownership from private entities to the federal government. The proposed zoning district is intended to include properties owned by the federal and state governments. The change in zone better anticipates the proposed conservation of the area without additional residential development. 3) The proposed rezoning addresses a demonstrated community need with respect to facilities, services, or housing; and The proposed rezoning supports the long-term open space, environmental, and recreational needs of Garfield County. 4) The proposed rezoning is in general conformance with the Comprehensive Plan and in compliance with any applicable intergovernmental agreement. The proposed rezoning supports several Comprehensive Plan policies related to Natural Resources. PLANNING COMMISSION The Planning Commission heard the application for rezoning at a public hearing on 2/22/2023 which was continued until 3/22/2023. At that hearing the Planning Commission unanimously voted to recommend approval of the rezoning with the findings below. PLANNING COMMISSION FINDINGS 1. That proper public notice was provided as required for the hearing before the Planning Commission. File No. ZDAA-8935 BOCC Hearing 4/10/2023 Philip Berry, AICP 4 2. That the hearing before the Planning Commission 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 reasons stated herein, 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. STAFF RECOMMENDATION Staff’s analysis finds that the application satisfies the required regulatory requirements of the Land Use and Development Code. Staff recommends the following findings and that the Board of County Commissioners approve the request. RECOMMENDED FINDINGS 1. That proper public notice was provided as required for the hearing before 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 that meeting. 3. That for the reasons stated herein, 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. vQt+uc uÕ/J I l¿v¿l I LÕ¿+.1+ l{IU rage I oI ¿+ Jean Alberico, GarfTeld County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded Rc¡¡m recorded document to: Palricia Hcsch US Forest Service P.O. Box 10 Granby, CO 80446 Approved as to tand Description, Con¡iderations & Conditìons Itr GENERAL WARRANTY DEED THIS INDENTURE' made this v*tn* day or At^4r-rl ,z}2l,between The Conscrvation Fund, a Murylund non-p*nt er Drive, Suite 1300, Arlington, VA Ll?Og,hereinafter oalled "GR-A.NTOR", and the United States ofAmerica and its assigns,,whose Post Offrce address is \Vashington, D.C. 2t0l3., hereinafter called*GRANTEE". . WITNESSETH, that the said Grantor, under the provisions of the Act of August 3, 1956 (70 Stat. 1032;7 U.S.C. 2268a,2228,2233; l6 U.S.C. 579b), and the Consolidated Appropriations Act of 2021 (P.L. 116-260), fot and'in consideÉtion of EIGHT MILLION FM HLJNDRED THOUSAND and NOllOO DOLLARS ($8,500,000.00) does hereby GRANT, BARGAIN' SELL, and CONVEY to the said GRANTEE and its assigns forever, all the following described real estate in the County of Garfield, State of Colorado, to wit: Parcel I Township 3 South, Range 87 West' 6th P.M. Section 5 : S I l2SE I i4SE 1 l4SEt/4, S I lzNW I l4SE I /4581/4, SW I /4SEl/4SEl 14' NW ll4SE l/4SE I /4SE 1/4; Section 8: NEI/4NEI/4; The above described property is otherwise desuibed as Tract 38 in Section 5 and 8, Township 3 SouttU Range 87 Vfest, 6th P.M. Section 9: Lots I and 2, Sl/2NW1/4N\ry114, Nll2SlVl/4, SWll4SEl/4, NW 1 /4NW I l4NW I 14, SW I /4NE t/4N1V I /4, SE I /4N\ry I /4, w I ISNW I /4S W I /4NE t /4, SE 1 /4NIV I /4S\[¡ I /4NE I /4, SW I l4SW 1 /4NE I /4. Parcel 2 Township 3 South, Range 87 ïVest, 6th P.M. Section 16: Lots I and 2, excepting the Rights of Way deeded to the Board of County Commissioners of Garfield County, Colorado, by Quitclaim Deed recorded in the Gar{ield County, Colorado records as Documçnt No. 207671, and by Deed recorded as Document No. 92177. yÐz¿+uc uÕ/J U¿u¿t I t:it¿+:++ l{tvt rage ¿ aI + Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded Also excepting all that part of Lot I in Section 16, Township 3 South, Range 8? West of the 6th P.M., lying South ofthe Center line of Sweetwater Crcek and East of the County Road described in deed recorded as Document No. 92177. The above described Parcels I andZ include all subdivided lots in Sweetwater Lake Subdivision as the same is laid out and platted and shown on plat recorded ìn the office of the Clerk and Recorder of Garfield County, Colorado as document No.209803, together with other properry. Parcel 3 Township 3 South, Range 87 lVest, 6th P.M. Section 9: SWl/4NWll4,dxcepting the rights of way deeded to the Board of County Commissìoners of Garfield County, Colorado, by Quitclaim Deed recorded in the Garfreld County records in Book 133 at Page 431 at Reception No. 94284. Together with the riparian rights in the bed of Sweetwater Lake lying below the ordinary high water mark of Sweetwater Lake, which riparian rights are defined as fee title to that portion of the bed of Sweetwater Lake as apportioned to the insured pursuant to the survey procedures set forth in Chapter VII, Section 7-51 of the Manual of lnstnrctions for the Survey ofthe Public Lands of thc United States 1973. Containing 488.65 acres. more or less. The acquiring agency is the United States Department of Agriculture, Forest Service. SLIBJECT TO the rights of the United States and third parties resited in the patent from the United States. Also subject to: l. Terms, çonditions and provisions of Easement and Right of Way recorded August 9, 1954 irt Book 277 at Page 558. 2, Easements, Ríghts of ïVay, Roads and Drives and all other matters as set forth on the plat of Swectwater Lake Subdivision rccorded June 15, 1960 at Reception No. 209803. 3. Any tax, lien, fee, or assessment by reason of inclusion ofthe Land in the Gypsurn Fire Protection Distrist, as evidenced by instrument(s) recorded May 20,2005 at Reception No. 674591. 4. Right of way for the unintenupted flow of Sweetwater Creek. 5. Any questions, dispute or adverse claims as to any loss or gain of land as a result of any ehange in the river Lred location by natural or other than natural causeso or alteration through any cause, natural ûr unnaturåI, ofthe center thread, bank, channel or flow of wâters in the Sweetwater Creek lying within subject land; and any question as to the location of such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or locating subject lands. 6. Water and water rights, ditches and ditch rights. 7. Rights of the public to navigate and thc inoidents of navigation such as boating, fishing, swimming and other recreational uses in, under, ¿nd over, the waters of Sweetwater Lake. 2 vÐ¿¿+uc ua'lJ I t¿v¿t I LJ¿+.q¿+ ¡\MI rage J oI + Jean Alberico, Garfield County, Colorado Rec Fee: $28.00 Doc Fee: $0.00 eRecorded 8. Any loss or damage ocoasioned by an ambiguity ìn the definition of the location of the centerline of Sweetwater Creek. 9. The following items, which are not the subject of recorded easements, as shown on the ALTAIACSM Land title survey and Land Survey Plat prepared by Johnson, Kunkel & Associates, Inc., job No. EA04?71, dated November ?2,2084:. Overhead utility lines, utility poles, guy wires, roads, Ute Trail, Ute Cave and Keep Ditch. TOGETFIER WITH all and singular the tenements, hereditaments, improvemenfs and appurtenances thereunto belonging or in anywise appertaining, and the reversion and revorsions, remainder and rcmainders, rents, issues and profits thereof; and also all the esiate, right, title, interest, possession, claim and demand whatsoever, as well in law as in equity, of said Grantor, of in or to the said premiseso and every part and parcel hereoe with appurlenances thereto belonging. GRANTOR covenants and warrants that it is lawfully seized and possessed of the real property described above and has the full right, power, and authority to execute this conveyance, and that said property is free and clear of all liens, claims, or encumbrances, except for those items listed above, and that it will defend the title to the real property conveyed herein and quiet enjoyment thereof against the lawful claims and demands of all persons. SIGNATURE PAGE FOLLOIVS 3 , VOZ+UÐ UÕ/J ll¿V¿l I l.J1t11 ¡{lU rage + AI I Jean Alberico, Garfield County, Colorado Rec Feê: $28.00 Doc Fee: $0.00 eRecorded Signed and dElivered this !*fvauv of A*<n f ,24?1, authorized representative of the Grantor. U GRANTOR: THE CONSERVATION FUND, a Maryland non-profit corporatíon BY: PrintcdN ¡r. É /änrror. rrs: €Vc¿¡,tr-l¿ V Un Qwdú by the duly EXEMPT FROM TR.ANSFER FEES PUR$UANT TÐ CRS 39-13- l0a(l Xa) ACKNOWLEDGEMENT COMMONWEALTH OF VIRGINIA COTINTY OF ARLINGTON on this Iì€ aay of ñ"t{:tß¡ ,2021, before me the undersigned, a Notary Public in and for the,iurisdiction gforcsaid, personally appeared OlZrr.r É€tt-i,tctr¡,Ûzff+ C*rt¡rr¡tl¡J as úW-\,g{sJ'ötfh" Consérvation Fund, à fofu.yryown to me to be the person whose name is subscribed to the foregoing instrumenl, and acknowledged to me that the same was his/her ast and deed for the purposes therein exprÊss. IN WTTNESS ïYHEREOF, I have hereunto set my hand and affixed my offrcial seal the day and year in this cerlificate first above written. Mwv¡a&¡"^Y Nota¡y Public Name îYJÉú{eÀ{¿Ef A. /ViC{,ÂLrß Notary Registration Number 4ë<?1?4 My commission exp ires: ,íffr 3o.z,e¡z-.- ) ) ) ss @ tlnU¡¡rthnc McC¡nc NOTA¡YPUBUC OormommlürolMrúrh R.q. # 787173 Coír. Þç. Scpt go, ¿O¿â 4 Community Development Janet Aluise 970-328-8739 janet.aluise@eaglecounty.us www.eaglecounty.us February 13, 2023 Garfield County Community Development Attn: Philip Berry, AICP, Senior Planner 108 8th Street, #401 Glenwood Springs, CO 81601 [Via Email: pberry@garfield-county.com] Re:IAR-9324-2023 -Interagency Referral -Sweetwater Rezone (Rural to Public Lands) Application Mr. Berry: Thank you for the opportunity to participate in the planning process for the Sweetwater Rezone. Planning Comments: 1.The Rezoning application for the Sweetwater parcels (Rural to Public Lands)represents a standard practice when lands are purchased/transferred to the state or the federal government, and disallows private residential development; 2.The Application states that the Public Lands designation “is intended to include all land owned by the Federal and/or state government.Any future activity by the state in these areas may still be subject to Location and Extent or 1041 review,as appropriate.”This designation will limit growth and serve as an additional layer of resource management. 3.Federally owned properties are subject to extraction requests for minerals and natural gas, but this appears unlikely due to the proximity to the lake; 4.On the boundary of Garfield County and Eagle County in this area are lands designated by the Eagle County Future Land Use Map as Rural.BLM,United States Forest Service,and Wilderness.These designations are compatible with Garfield County’s rezone of the Sweetwater parcels to Public Lands. Engineering Comments: 1.No comments. Open Space/Natural Resources Comments: 1.This area is managed by the US Forest Service (White River National Forest).Garfield County is changing it to public lands status. No concerns. Fire Mitigation/Emergency Services Comments: 1.No comments. Road and Bridge Comments: 1.No comments. 500 Broadway, P.O. Box 179, Eagle, Colorado 81631 Public Health and Environment Comments: 1.Environmental Health has no comments. GIS Department Comments: 1.No comments. Respectfully, Janet Aluise Senior Planner [Via Email] Cc:Trent Hyatt, Deputy Community Development Director Ben Gerdes, P.E., County Engineer Marcia Gilles, Open Space Director Katie Jenkins, Wildfire Mitigation Specialist Claire Lewandowski, Environmental Health Manager Amy Keeley, GIS Manager File From:Justin Kirkland To:Philip Berry Subject:Re: ZDAA-01-23-8935 Date:Tuesday, January 24, 2023 2:28:14 PM Philip, In response to your Referral, ZDAA-01-23-8935. Since this land has moved from private ownership and gone under Federal ownership. They are now exempt from our Fire District and thus we no longer have a responsibility to provide services there. Thank you, Justin Kirkland Fire Chief Gypsum Fire Protection District 511 Second Street /PO Box 243 Gypsum, CO 81637 970-524-7101 ext. 15 PRIVILEGED COMMUNICATION. This email may contain privileged and confidential information intended only for the use of theindividual or entity named above. Dissemination, distribution or copying of this communication is strictly prohibited. If you believe that thisemail has been sent to you in error, please reply to the sender that you received the message in error and delete this email. 0088 Wildlife Way Glenwood Springs, CO 81601 P 970-947-2920 Heather Dugan, Acting Director, Colorado Parks and Wildlife Parks and Wildlife Commission: Carrie Besnette Hauser, Chair  Dallas May, Vice-Chair  Marie Haskett, Secretary  Taishya Adams Karen Bailey  Betsy Blecha  Gabriel Otero  Duke Phillips, IV  Richard Reading  James Jay Tutchton  Eden Vardy February 13, 2023 Philip Berry Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Rezoning of Sweetwater Parcels Philip, Colorado Parks and Wildlife (CPW) appreciates the opportunity to comment on the rezoning of Sweetwater parcels. At this time CPW does not foresee impacts to the wildlife resource nor have any concerns with changing the future land use designation to Public Lands with a Recreation Overlay. Sincerely, Matt Yamashita Area Wildlife Manager – Colorado Parks and Wildlife File: Sami Canetti – District Wildlife Manager