HomeMy WebLinkAbout1.0 Application & Staff ReportPC 01/2312008 CR
PROJECT INFORMATION AND STAFF COMMENTS
II
REQUEST
APPLICANT
Amend the text of $2.02 (Definitions) of the
Gartield County Zoning Resolution of 1978' as
amended to include a definition for
iMuseum/Library" and include Museum/Library as
contemplated Conditional Use within the
ngri.rft;t"l Residential Rural Density (3'02'02)
Kimiko M. Powers
I REQUEST
The request before the Garfield county Planning commission is to include
Museum/Library as a contemprated conditiohar u." *iihin the Agricurturar Residential
Rurar Density zoneDistrict (ARRDI. The Appricant proposes the fotlowing definition to be
included in $2'02 subsection 2'02'391:
Museum/Library
A buirding or area within a building for preservation and exhibiting artistic,
historical or scientific works ir obiJcts, together with the storage and use of
educational and research materials'relatinglo such works or obiect' which are
systematicalty organized -o.r cataloged foi.a reference by patrons there of' A
MuseumlLibrary may be either ipioii" "r
privately owned and operated facility'
S 5I)3.o9 - Uses Not.ltemlzed:
.
Ss.os.oe of the 6,t-iero countv Zonins Resolution,":::^L?'"*3[:l]1:1.i[il:"':
}|rt#f,. ,"j"'[oIft.=-, rJ,"s,]"i ,n"ithe Board of county commissioners include a
specific use not [sted wiirrin azone District. As rdentified the iequest must conform to the
following conditions:
1. such use is appropriate to the physiographic and general environmental character
of the District to which it is added;
Staff Finding
The proposed use appears to be appropriate and compatibte with the environmental
characteroftheARRD.lmpactsarereviewedaspartofthe'C9nlitionalUsePermit
application pro""ri. The Board or C'ounty Commissioners may include conditions ensure
the use is constructed and operated appropriately'
PC 01/2312008 CR
2. Such use does not create any more hazards to or alternation of the natural
environment than the minimum amount normally resulting from the other uses
permitted in the District to which it is added;
Staff Finding
lncluding Museum/Library as a contemplated use within the ARRD will not create hazards
or extreme alternation of the natural environment.
3. Such use doesn't not create any more offensive noise, vibration, dust, heat, smoke,
odor, glare or other objectionable influences or more traffic hazards than the
minimum amount normally resulting from the other uses permitted in the district to
which it is added;
Staff Finding
The nuisances identified in this standard (3) are generally the result of an industrial use.
The operation of a Museum/Library is not expected to negatively impact adiacent
properties by generating the noise, vibration, dust, heat, smoke, odor glare, or any other
objectionable influences or traffic hazards that can not be mitigated at the time of
ap p I ication s u b mittal.
4. Such use is compatible to the uses existing and permitted in the district to which it
is added;
Staff Finding
Conditional uses contemplated in the ARRD Zone District include:
Aircraft landing strip
Church
Community buildings
Day nursery and school
Group home for the elderly
The use of Museum/Library is compatible with contemplated conditional uses within the
ARRD Zone District.
III SUGGESTED FINDINGS
1. That the public meeting before the County Planning Commission was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
2. That the proposed text amendment can be determined to be in the best interest of
the health, safety, morals welfare of the citizens of Garfield County
3. That the application is in conformance with $5.03.09 Garfield County Zoning
Resolution of 1978, as amended.
2
PC 01/23/2008 CR
STAFF RECOMMENDATION
anningCommissionforwardarecommendationofapproval
to
-ine- Board of County Commis5oners regarding the proposed text amendment to
Garfield County Zoning Hesolution of 1978, as amentled.
GARFIELD COUNTY
Building & Planning DePartment
108 8th Street, Suite 401
Glenwood SPrings, Colorado 81601
ielephone : gzO.bas. a 21 2 F acsimile : 970' 38 4'347 0
www.q a rfie ld:cou ntv. cgltl
Text Amendment to zone District / Zoning xg:glrtion
GENERAL INFORMATTON
Name of Propertv owner Kimiko t"I' Powers
Address:13114Hic-hwav82Telephone:970.963-2l3o
CitY: Carbondale State: c0 Zip Code: 81623 FAx:el9j!l:3es8
Gerald D. Hartert, E - Attorne
Address: 210 Tenth St.Telephone'. 97 0-928-9665
City:Glenwood Springs State: C0 Zip Code: 8160r FAX' e70-e2B-e6B
) Specific Section of County Zoning Resolution of 1978 or PUD to be amended:
Section 2,02 and, Section 3.02
) Purpose for the proposed text amendment:
To accomplish the adrlition as a defined term and as a Conditional
Use of "Museum/Library" as sef, forth in Attachment- I.1. hereto under
Ehe provisions of Section 5.03'09 of the Zoning Resolution of
Garfield County, Colorado, as amended'
STAFF USE ONLY
D Doc. No.:
F Planner:
Date Submitted:- TC Date:
Hearing Date:
20i^7
> Name of Representative. if anv (Planner, Attornev. etc)'
l. APPLICA I IUN 5ut',lvlL.l.l'tr\L !]trt*'L',r\r-rvrr--rr ' \
rhis App|ication applies t :["|.:9fi:;:'rtfi:::l!.t:r,':Ti;l#3[:,:#::'ffi=fi:l;n,iill;.; iy ,*"10 add, oi derete text or an approved zone district
in the Zoning Resotution or. "n "pprbued
Planned Unit Development (PUD)
As a minimum, specificalrv respond t""ljffil?$11fl lf,T:lr:9,
and attach anv additionar information to
1. submit a cover letter containing a detailed narrative describing the proposed amendment to an
approved zone district including ,n ,ppior"J Planned Unit DLvelopment (PUD) or text of the
Zoning Resolution of 1g7g, as amendEJ. rni. narrative should describe the overall purpose of
the amendm"nt ,nJ tn" 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 barfield county, which will be affected by such change'
3. lf you are acting as an agent for the property owner., you must attach an acknowledgement
from the ptop"riy 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 ptanning Departmenli strn will request additional copies once the application
has been deemed technically complete'
il. PROCEDURAL REOqIREIVLENTS
(Anamendmenttoanapp,ouesolutionisconsideredatwo
step process because it is first rev[weO by the Planning Commission which makes a
recommendation to the Board of county-Commissions. The following steps outline how the Text
nmlnoment application ieview 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.lt wilt be received and given to a Staff Planner who
willreviewtheapplicationfortechnicalcompleteness.
2. once the application is deemed technically complete, the Staff Planner will send you a letter
indicating the application is complete. tn adoition, 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 tne S;ard of County Commissioners during a public hearing
(noticerequired)'ThePlanningCommissionwillforwardarecommendationtotheBoardof
county commissioners to be considered during a properly noticed public hearing' staff will
send you the appropriate "public Notice Form(J;" indicating the time and date of your public
hearing and will provide you with a staff lvlemorandum regarding your request' (lf Staff
determines your application to be deficient, a letter will be sentlo you indicating that additional
informationisneededtodeemyourapplicationcomplete.)
3. lt is solely the Applicant's responsibility to ensure proper noticing occurs regarding the public
hearing before ti-re Board of County Commissioners. lf proper notice has not occurred, the
publiJhearinq will not occur. Notice requirements are as follows:
LICATIQ
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 ptate for ihe'hearing shall be given once in a newspaper of
general circulation in tnat-portion of the iounty in which the subject property is
tocated at least thirty (30iLut not more than sixty (60) days prior to the date of
such hearing, and prooi oi 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 oi ine puntic mdeting / hearing al which time they will
consider the request. ln addition, the Appticant 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 read the statements above and have provided the required attached information which is
correct and accurate to the-best of my knowledge'
(Signature of 0 Kimiko
Last Revised: 06/08/2004
-".>,
Attachment I.1.
Building and Planning DePt'
Garfield CountY
108 8th Street, Ste. 201
Glenwood SPrings, CO 81601
Dear Sir or Madam:
The purpose of this letter is to transmit the Application for a Text Amendment to the
zonitgResolution of Garfield county requested by the undersigned Applicant and to provide the
narrative required by I.1. of the Application submittar Requirerients. Also transmitted herewith
are: (1) the Applicant's vesting a;"0; iZj " copy of the Garfield County Assessor's Map for the
real properry described in the u".o-purying a;;a; (3) the Applicant's check for $300'00 Base
p.";^urrO (aj the Agreement for Payment signed by the Applicant'
I.
The Applicant proposes a text amendment to Section 2'02 and Section 3'02 of the Zoning
Resolution of Garfierd county, colorado, by addition thereto of the folowing Subsections and
definitions and uses set forth below:
Addition to Section 2.02: Definitions'
A. Subsection "2,02.391 Museum/Library: A Building.or area
*i,t in a Building fo, pr"r"*in-d .xhibiting artistic, historical
or scientific works o. ob;e.t', tJgether with the storage and use of
educational and ,"r"urJh mateiials relating to such works or
oUjects, which ate systematically organized or cataloged for
reference by patrons thereof' A Museum/Library may be either a
public ot pii*t"ly owned and operated facility'"
Additions to Section 3.02:
By the addition to Subsection 3.02: *3.02 Uses. Conditional: museum/library'"
Ryobi-Building and Planning Dept ltr. re text amerrd app
The overall purpose of the proposed text amendments is to permit issuance of a
conditional Use permit pursuant thereto"ior conJruction of a singli principal building on a Lot
housing the use t'te.ein described and defined' The use sought is equivalent to and compatible
with existing conditional Uses in the atwno Zone District, such as "community buildings";
..day nursery and ,"iro"i;;t urrd "r,rrdio for the conduct of arts and crafts'" Moreover' the use
proposed to be added to subsectio' z'oz Usgs'lqldl1talal - as "library"' is allowed in the Rural
District and the rrr. of u "museum" i, ulloffithe Commercial-Business District of the draft of
the proposed Garfietd county Land use Regulations as uses requiring Limited Impact
procedures. The Applicant submits that thele two uses in combination are entirely compatible
and appropriate as conclitional Uses in the existing A/R/RD Zone District'
4r.*r,t U' /$ur*-d-t IUY^X
Ryobi-Building and Planning Dept ltr. re text amend app
GARFIELDC0UNTYBUILDINGANDPLANNINGDEPARTMENT
AGRBEMENT FOR PAYMENT FORM
(Shatl be submitted with application)
GARFIELD COUNTY (hereinafter couNTY) and Kimiko M' Powers (hereinafter
(APPLICANT) agree as follows:
APPLICANThassubmittedtoCOUNTYanapplic^t,giPlTextAmendmenttololutionofGa@(hereinafter,THEPROJECT).
2. APPLICANT understands and agrees that Garfield county Resolution No'98-09'
as amended, ..tuulirhes a fee schedule for -each type of subdivision or land use review
"ppii.",i"rs,
and the guidelines for the administration of the fee structure'
3. APPLICANT and COLTNTY agree that because of the size' nature or scope of the
proposed project, it;; ;"; possible a! tlis time to ascerrain the futl extent of the costs involved in
processing the application. APPLICANT ugr... t9 makS payment 9f tl:.P1tt Fee', established
for the ,R.JECT, and to thereafter p.#it additional .ortr to be billed to APPLICANT'
APPLICANTagreestomakeadditionalpaymentsuponnotificationbytheCOLrNTYwhenthey
are necessary as costs are incurred'
4.TheBaseFeeshallbeinadditiontoandexclusiveofanycostforpublicationor
cost of consulting service determined ,r"r.t'u'y by the Board of County Commissioners for the
consideration of an application or additional Cbf-fNfy staff time or expense not covered by the
Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional
billings to GOLINTY to reimburse the COLINTY for the processing of the PROJECT mentioned
above. APPLICANT acknowledges ttraratt billing shall be paid prior.to the.finar consideration
by the COLINTY of any land use permit, zoning amendment, or subdivision plan'
APPLICANT I -.)
1/ / .. r' ,'I,/',,", /, /,'---/,1-,, .,,
gv1s7 il - 30 ='0"7
Kimiko M. Powers
Print Name
Mailing Address:c/o Gerald D' Hartert' Esq'
210 Tenth Street
Glenwood SPrinss. CO 81601
The Board of County Commissioners
Garfi eld CountY, Colorado
108 8th Street
Glenwood SPrings, CO 81601
The undersigned owner of title to all of the real property described on Exhibit..A,'
attached hereto, hereby authorizes '.to a1t as her'agent in all
respectsintheApplicationforTexta*ffiiontbrConditionalUsePermit
to and under,t" Zorrirrg Resolution of Garfield County, Collrado, of 1978' as amended'
including, without limiiation, the filing of such Application and the fulfillment of all
requirements of Section t O.Ob ana of Section 9.02 of said Zoning Resolution'
Dated this (/b daYof Octobet,2007'\
L
The Board of County Commissioners
Garfield County, Colorado
108 8th Street
Glenwood Springs, CO 81601
The undersigned owner of title to all of the real property described on Fxhibit "A"
attached hereto, herlby authorizes Gerald D. Hartert, Esq., to act as her agent in all respects in
the Application for Text Amendment and the Application for Conditional Use Permit to and
urrdeithe ZoningResolution of Garfield County, Colorado, of 1978, as amended, including,
without limitation, the filing of such Application and the fulf,rllment of all requirements of
Section 10.00 and of Section 9.02 of said Zoning Resolution'
Dated this ? & day of October, 2OO7 .
Kimiko M.
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1 2 lN sEC 26 AND LOTS 1. 7 AhlD B lN SEC 27 PBE:R]1 'l 136
BK:0447 PG:01 77 BK;0395 PG:tr0Z] RECPT;738678 El'i"l BEB PG $1 1
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owner Name/Address
KIMIKO M
13114 HlGl-wAYs2
CAtrBONDALE CO 81623
Numbar
2393-263-00-806
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CPT:710307 BK:1551 PG:]67 RECPT:64385B BK:]501 PG:322
RECPT:E33266 BF.:l265 PG:320 RECPT:583617 B[t 1250 PG;30s
RECPT:582167 EK:1258 PG 807 RECPT:582'lEE BK:]258 PG:9Di:
RECPT:58?165 8K:l Z5t PG;S99 BECPT:5BZI 6'1 BK 'l ?43 PG:l s l
RECPT:578752 BK:1 'l 5g PG:l 47 RECPT:554957 BK-08ia PG:01 ;-r
1 2.850 1.67[ 36 020
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SPECIAL WARRANTY DEED
Crystal Ranch Corp., a Colorado corporation, whose address is 13712 Highway 82,
Carbondale, County of Garfield, and State of Colorado 8L623 ('Grantof), for the consideration of
Ten clollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and
conveys to Kimiko M. Powers, whose legal address is 13114 Highway 82, Carbondale, County
of Garfield, State of Colorad o 81,623 ('Granted), the following real property in the County of
Garfield, State of Colorado, to wit:
A11 of the real property described on Exhibit "A" attached hereto,
also know as street and number VACANT LAND,
with all its appurtenances and warrants the title against all persons claiming under it, except and
subject to general ad valqClq taxes for the year 2007, due in 2008, and subject to any and all
reservations, restrictions and conditions of record and subject to all existing easements and
rights-of-way, whether or not of record,
Signed and delivered this Jk day of October, 2007.
srATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The {bregoing instrument was acknowledged before me this la* day of October, 2007,
by Kimiko M. Powers as President of Crystal Ranch Corp., a Colorado corporation.
My commission expire, Fe-bt,^ot3 5, :oo1
Witness my hand and official seal.
Crystal Ranch Corp., aCo corporation
uiiko M. Powers,
Notary Public
SE,AL:
lu",,t#,rf,t#,#*g:: HI'.I]I|:::: :i::-::' '' "
EXHIBIT A TO SPECIAL W,A.RRANTY DBED
LEGAL DESCRIPTION
ATRACTOFLANDSITUATEDINLOTS4,5AND12OFSECTION26'LOTS1'7AND8
OF SECTION 27, TOWNSI{IP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COI-INTY OF GARFIELD, STATE OF COLORADO; SAID TRACT BEING
MORE PARTICULARLY DESCzuBED AS FOLLOWS:
BEGINNING AT A POINT WFIICFI BE,ARS N 23"06'41'' E, A DISTANCE OF 1034'41 FEE'T
FROM THE QUARTER CORNER COMMON TO SAID SECTIONS 26 AND 27; THENCE
THE FOLLOWING SIX (6) COLIRSES:
1) S 66'09'52" E, 358.30 FEET;
2) S 03"23'14" W, 1471.78 FEET;
3) N 89o44'50" W,209.87 FEET;
4) N 72"36',06" W, 1029.09 FEET;
5) N 13"15'17" 8,1167.92 FEET;
6) N 76.08'35" E, 703.7g FEET TO THE POINT OF BEGINNING' SAID PARCEL
CONTAINS 36.028 ACRES.
TOGETHER WITH AN EASEMENT FOR ROADWAY ACCESS AND UTILITIES
DESCRIBED AS FOLLOWS:
A 40 FOOT WIDE ROADWAY ACCE,SS AND UTILITY EASEME'NT SITUATED IN LOT 8
OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL
MEzuDIAN, AND LYING WITI]IN TFIAT PROPE,RTY DESCRIBED BY DEEI)
RECORDED AS RECEPTION NO. 7IO3O] AND LOCATED 20 FEET ON EITHER SIDE OF
THE FOLLOWING DESCzuBED CENTERLINE:
BEGINNING oN THE NORTFIERLY zuGHT-oF-wAY oF HIGHWAY- 82, SAID POINT
BEING ON THE SOUTHERLY BOLTNDARY OF SAID PROPERTY DESCRIBED IN SAID
DEED RECORDED AS RECEPTION NO. 7t0307 WHENCE THE QUARTER CORNER
COMMON TO SECTIONS 26 AND 27 BEARS N 08"57'51'' E, A DISTANCE OF 662'24
FEET; THENCE N 18"49'49" E, A DISTANCE OF 49.45 FEET; THENCE N 11"49'56" E' A
DISTANCE OF 64.95 FEET; THENCE 40.30 FEET ALONG THE ARC OF A CURVE TO
THE RIGHT HAVING A RADIUS OF 37O.OO FEET AND A CENTRAL ANGLE' OF
06ot4,27'(CFIORD BEARS N 14"57'10" E, 40.28 FEET) TO THE POINT OF TE',RMINUS
LOCATED ON THE SOUTHERLY BOLINDARY OF TFIE TRACT OF LAND FIRST
ABOVE DESCRIBED. SAID QUARTER CORNER BEARS N 07"10'15" E, 508.84 FEET
FROM THE POINT OF TERMINUS.
COUNTY OF GARFIELD
STATE OF COLORADO