HomeMy WebLinkAbout5.0 Resolution 85-40STATE OF COLORADO
County of Garfield
Recorded at ' C o'ctock
ss
m
Reception No. 360354 PAILLjtiiD A L UORF, RECORDER
GA FIELD COUNTY, COLORADO
BOOk 665 r*cd54O3
1 21985
At.a regular meeting of the Board of County Commissioners
for Garfield County, Colorado, held in the Commissioners' Meeting Room,
Garfield County Courthouse in Glenwood. Springs on the llth day
of March A.D. 1985, there were present:
Bob Richardson
Larry Schmueser
Flaven J. Cerise
Steve Zwick
Mildred Alsdorf
, Commissioner Chairman
, Commissioner
, Commissioner
County Attorney Assistant
, Clerk of the Board
When the following proceeuings, among otners were had and done, to -wit:
RESOLUTION NO. 85_40
A RESOLUTION CONCERNED WITH THE DENIAL OF THE APPLICATION OF DONALD M.
MARSHALL FOR A SPECIAL USE PERMIT APPLICATION FOR A RESORT
WHEREAS, an application nas been submitted by Donald M. Marsnall for a
special use permit for a resort, in accordance with Section 9.03 of the
Garfield County Zoning Resolution of. 1978, on tne following described
tract of land:
See attached
WHEREAS, the Board of County Commissioners of Garfield County,
Colorado, has reviewed tne application which the applicant has submitted
and has received the recommendations of the Garfield County Planning
Commission, as authorized oy Section 9.03.04 of the Garfield County Zoning.
Resolution of 1978;
WHEREAS, the Board of County Commissioners nas conducted a public
hearing, which has Peen duly advertised and held, in accordance with the
requirements of.Section 9.03.04 of the Garfield County Zoning Resolution
of 1978, regarding tne question of wnetner the requested Special Use
permit should be granted or denied, and during such hearing received
extensive testimony and other competent evidence from the applicant and
interested parties, which hearing was held on February 4, 1985;
WHEREAS, the Board of County Commissioners nas considered said
application, the recommendations of the Garfield County Planning
Commission, the Garfield County Planning Department, and the testimony and
other evidence presented at the public nearing, and. based thereon, the
Board of County Commissioners does hereby make the following findings with
respect to the application, to -wit:
1. That all procedural and notice requirements, set forth in tne
Garfield County .Zoning Resolution of 1978, witn regard to Special Use
permit applications, nave been met; and this proceeding is properly before
'this Board;
2. That, except as nereinafter noted, the application is complete,
and the applicant has paid the tee required by Section 9.03.02•cr the
Garfield County Zoning Resolution of 1978;'
BCoK 665 PLGE5O
. 3. That, pursuant to the procedures set forth in the Garfield County
Zoning Resolution, the general principles of administrative law and
C.R.S. , Section 24-4-105(7), as amended, the burden of proof is upon the
applicant to snow, by a proponderance of the evidence, tnat its land use
application is in compliance with the applicable provisions of the
Garfield County Zoning Resolution of 1978, as amended;
4.. That the Board .must, for the purp•.se of analyzing the subject
application, in accordance with tne applicable provisions of tne Garfield
County Zoning.Reso.Lution of 1978, specifically Section 5.03.11, establish
the neighbornood which may be affected by the possible granting of tne
proposed Special Use permit and, further, the Board has determined that,
except as otherwise noted herein, such affected neighborhood is that area
of Garfield County, Colorado, consisting of properties within one (1) mile
of the proposed site of the applicant, wAnich are presently being used
primarily for agricultural and residential purposes;
5. The general character of the affected neignbornood of the tract
proposed to be subject to the Special Use permit is agricultural and
residential. The subject property is presently zoned, in accordance with
Section 3.02 of the Garfield County Zoning Re7,olution Of 1978. Properties
zoned, pursuant to Section 3.02, are classified as
Agricultural/Residential/Rural Density. In tnis zone cJassification, uses
by rignt are generally agricultural and residential in nature. Tne resort
proposed by the applicant tor the subject parcel is not a use by right
within zone classification, and is a Special Use in the
Agricultural/Residential/Rural Density zone. Substantial competent
evidence was presented at tne public nearing that tine subject property and
adjacent lands are presently used for residential and agricultural
purposes;
6. The property, which the applicant proposes to have permitted for
the special use, nas been traditionally and nistorically used for
agricultural and related purposes, including, but not limited to tne
grazing of Livestock. The surrounding parcels of property are devoted to
residential and agricultural uses at the present time. No competent
evidence was presented that there nas been a cnange in tne oasic character
of the affected neighborhood over the past several months. The
applicant's proposed land use would be incompatiole with the traditional
and historic, as well as the existing uses of the land in tne established
neighborhood, including the land of the applicant.
7. There was substanial competent evidence presented that the
established agricult'ical and residential land uses in the affectea
neighborhood would be adversely impacted by the applicant's proposed use,
and these uses would be injurious to the established character of the
neighborhood within the meaning of Section 5.03.11 of the Garfield County
Zoning Resolution of 1978. Tne existing access to ttge property, County
Rd. 241, would 'not ae adequate to safely Handle any increased traffic
which could be created by tne proposed uses. Tne commercial use proposed
would have a harmful, negative impact through increased usage of nearby
public lands which are not capable of bearing such• impacts adequate y.
The landowners adjacent to and within the affected neighborhood, and other
citizens of Garfield County have indicated concern regarding the ettect of
the proposed resort on the agricultural and residential nature of the
affected neighbornood, upon of the value of adjoining properties and otner
properties in the area, and its impact on the Town of New Castle.
8. Residents of Garfield County, as evidence of their concern, nave
submitted petitions to this Board containing tnirty two (32) signatures in
opposition to tne application for the Special Use permit under
consideration. Of those County citizeds expressing, an opinion on this
application, these thirty two (32) signatures in opposition represent a
substantial majority of the affected citizenry;
9. There was substantial, competent evidence presented at the public
hearings that portions of the applicant's resort and related facilities
could be within the one hundred (100) year floodplain tor East Elk Creek,
as defined in Section 6.02.13 of tne Garfield County Zoning Resolution of
1978, as amended. Development witnin the one nundred (100) year
floodplain could result in the loss or property on tne part of toe
applicant and endangerment of properties downstream due to additional
flooding and possible pollution of domestic water systems.
BOOK 665 P:cE5O5
8. That there is substantial, competent evidence in the record of the
public hearings tnat.tne proposed Special Use permit is not in the best
interests of the nealth, safety, morals, convenience, order, prosperity
and welfare of the citizens of Garfield County, Colorado.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado tnat the Special Use permit application of
Donald M. Marshu11 for a resort be, and the same, is denied.
DATED this llth
day of
March , 1985.
Upon motion duly made and seconded, the foregoing Resolution was
adopted by the following vote:
Bob Richardson
Larry Schmueser
F1 ven J. Cerise,
Nay
Aye
Aye
ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS
GARFIE D COU Y OLORADO
Clerk of tne Board
STATE OF COLORADO
County of Garfield )
airma
1, 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 Order is truly
copied from tne Records of tne Proceedings of tne Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have nereunto set my hand and affixed the seal
of said County, at Glenwood Springs, tris day of
A.D. 19
of the Boaru of County Commissioners.
County Clerk and ex -officio Clerk
BOK 665 F ME5QG
A parcel of land situated in the S£1/4SE1/4 of Section 12, the
. NE1/4W/4--of:Section_13, Township :_South; Range -91 =Meat,_ -and -the __.__.
Stil/4sw1/4 of -Section• 7, Tovaahi, 5 South, Range 90 West of the Sixth
Principal. Meridian, County of Canfield, State of Colorado; said parcel
being more particularly described as ::allows:
Commencing at the..Southeast.Corner of said Section 12; thence
S.89'16'16"W. 60.72 feet to a point on the. we:e.he1:ly ,xightwof-Wav of Eaat
E116'C ek-Cbtiho Itoad, the'True P'olaf.8f. Btifittlasisi °54:°27V.•
65.16 feet along said westerly right-of-way line; thence leaving said
right-of-way..N.67°55- 30=W.-120.32-feetr;. thence- N.6. `19.'59-"W..-84.16_.feet
to a point on the centerline of Eaat Elk Creek; thence the' following
five (5) courses along said centerline:
1. N.34'14'19"E. 81.50 feet;
2. H.23'55'38"E. 52.50.feet;
3. N.43°24'27"E. 41.52 feet;
4.. N.33°59'23"E. 57.62 feet;
5. N.50'14'527E. 40.37 feet; thence leaving said
centerline N.39°45'08"W. 2f.23 feet; thence N.24°21'39"E. 105'.34 feet;
thence N.89°16'1b'E. 103.44 feet; thence S.76.35'30"E.•134.5i feet'to
the westerly right-of-way line of said county .road; thence S:30'22'06"W.
along said right-of-way line 385.04 feet to the True Point of Bej.inning;
said parcel containing 2.00 acres, more or less,