HomeMy WebLinkAbout1.0 Staff Report 9.12.07,I fC Cec, ffr,"o / ,/@,f(z a)
PC Exhibits (9/ 12/2007)
Exhibit
Letter
{A to Z)
Exhibit
A Garfield County Zonins, Resulations of 1978, as amended (the Zoning Code)
B Garfield County Comprehensive Plan of 2000
C Staff Memorandum
D Application
E Letter sent to Surface Owners of Subiect Properties dated 4-23-2001
F Letter sent to Surface Owners of Subiect Properties dated 8-24-2007
EXHIBIT
C
DP
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST
APPLICANT:
PROPERW OWNERS:
REPRESENTATIVE:
LOCATION:
SITE INFORMATION:
AGCESS:
EXISTING ZONING:
PROPOSED ZONING:
ADJACENT ZONING:
Bezone f rom Agricultural/ Residential/
Rural Density (ARRD) to Resource
Lands (RL) - Gentle SloPes and
Lower Valley Floor (GSLVF)
GarJield County Planning Commission
Parcel 2409-27 10-0075:
Frac Tech Services, LLC
Parcel 2409-27 1 0-0076 :
Frac Tech Services, LLC
Parcel 2409-27 1 0-0077 :
Scott Zeigler
Garfield County Planning Department
- David Pesnichak, Senior Planner
Section 27, TownshiP 7, Range 96
Generally described as three tracts of
land approximately 6 miles west of the
Town of Parachute, located between
l-70 and HighwaY 6 & 24 (East of
Travelers Highlands Subdivision).
Parcel 2409-2710-0075: 2 Acres
Parcel 2409-2710-0076: 2 Acres
Parcel 2409-27 1 0-0077 : 2 Acres
Access to the ProPerties is from
Highway 6 & 24
ARRD (Agricultural/Residential/Rural
Density)
RL - GSLVF (Resource Lands
Gentle Slopes and Lower Valley Floor)
RL - GSLVF (Resource Lands
Gentle Slopes and LowerValley Floor)
I. THE REQUEST
On April ll,2}0l the Garfield County Planning Commission initiated arezorre of three, two
acre parcels (parcel numbers 2409-27 lO-0077 , 2409-2710-0076 and 2409-27 10-0075) and
locatid in Section 27, Township 75, Range 96W from Agricultural Residential Rural Density
(ARRD) to Resource Lands (RL) - Gentle Slopes and Lower Valley Floor (GSLVF).
This rezone initiation was in response to a requested (and subsequently approved) change in
zoning for Frac Tech Services, LLC (parcel number 2409-2130-0114), the parent and
surroundin g 77 acre property, in order to prevent the de facto spot zoning of these three
interior properties. The Planning Commission heard the rezone request for the surrounding
J7 acreFrac Tech Services, LLC parcel on April 11,2007. At this meeting, the Planning
Commission voted 7-0 to recommend that the Board of County Commissioners (BOCC)
approve the Frac Tech Services, LLC rezone request from ARRD to RL - GSLVF due to
substantial changes in the surrounding area. At this same meeting, the Planning Commission
initiated the rezoning of the three interior parcels from ARRD to RL - GSLVF). The Board
of County Commissioners held a public hearing concerning the Frac Tech Services, LLC
rezone request on May 7,2007 and voted 3-0 to rezone the surroundingTT acre parcel (See
below).
[The picture above outlines the existing zoning of the surrounding Frac Tech parcel
as well as the surrounding zoning districts including ARRD, RL, OS, and CL. The
Subject Parcel is currently zoned ARRDI
Frac Tech
0 625 1.250
N*+,
S
a EhO troat
lrrrlttll
Above: Previous zoning of JJ acre Frac Tech Parcel (ARRD) and existing zoning of
internal parcels (ARRD)
u.LAND USE BACKGROUND
Per Resolution 81-48, the three subject parcels (parcel numbers 2409-21 10-0071 ,2409-2710-
0076 and 2409-2710-0075) were split form the parent property in 1981. Each interior
property is approximately 2.01 acres. At this time, the properties described as parcel
numbers 2409-2110-0011,2409-2110-0016 and2409-2710-0075 are zoned A/R/R/D.
III. PROPERTY DESCRIPTION
The three subject properties are completely surrounded by RL - GSLVF zoning. The parcel
owned by Scott Zeigler is currently vacant while the two properties owned by Frac Tech
Services, LLC each contain one single family residence. Staff understands that the two Frac
Tech owned single family dwelling units are used for employee housing. These three parcels
are situated at the confluence of a rapidly changing portion of Garfield County. The parcels
can be described as generally flat with a slight incline from Highway 6 to Interstate 70.
Below are photos and descriptions of the development occurring in the surrounding area:
To the west of the properties is
Traveler's Highlands, a
Commercial Limited (CL) zoned
parcel, which is increasingly
commercial in nature.
To the south and west of the
subject parcels is a permitted
Grand Junction Pipe gravel pit,
located in ARRD zone district.
To the south of the parcels and
across the Colorado River and
Union Pacific Railroad is a
permitted EnCana compressor
station in the ARRD zone district.
To the north of the parcels is
lnterstate 70.
To the south of the parcels is
Highway 6 &24.
Located within the parent RL
zoned parcel are the subject
three ARRD zoned parcels,
two of which are developed
with single family residences.
None of these three parcels
have direct access to Highway
6 & 24. Frac Tech has
reportedly purchased these
homes for use as employee
housing.
i
The parent property is identified as parcel number
2409-273-114 while the land-locked subject
parcels are identified as 2409-213-071;075; and
076. As can be seen, parcels ending in07J,0J5,
and076 do not have direct access to Highway 6.
Rather, these parcels are allowed access to
Highway 6 via a 20' wide access easement. In the
end, however, these parcels are completely land-
locked within the subject parcel.
6
Union Pacific
Railroad
Subject
Parcels:
ARRD
Frac Tech
Development AreaTraveler's
Highlands
Commercial
Subdivision
Frac Tech - Rezone
0 1$5 3S8 788 Feel
N*+,
sItttltttl
Iv. STAFF COMMENTS
The Colorado Revised Statutes establish the standards of review for rezoning land in the
county. The standards depend on whether the proposed rezoning is in compliance with the
Comprehensive Plan (the Plan). If so, the proposed rezoning need only bear a reasonable
relationship to the general welfare of the community. If the rezoning is in conflict with the
Plan, the Applicant needs to show either 1) that an effor was made in establishing the current
zoning, or 2) that there has been a change in the conditions of the neighborhood that supports
the requested zone change. At present, the subject properties are designated "Outlying
Residential" in the Plan which generally conflicts with the Resource Land zone district
sought for the properties. As a result, the rezoning request needs to demonstrate that either
1) an error was made in establishing the current zoning, or 2) that there has been a change in
the conditions ofthe neighborhood that supports the requested zone change. Staffoffers the
following thoughts in addition to the previously provided information:
a. Consistency with the Comprehensive Plan
The subject parcels are identified in the Comprehensive Plan as "Outlying Residential".
Although the proposed RL zoning is generally in conflict with this designation, the RL
zoning to the north as well as the ARRD zoningto the south are both designated as "Outlying
Residential". Hence, although there is a general conflict, staff has not concluded that there is
a direct conflict with the "Outlying Residential" designation and the RL zoning district. In
fact, it is consistent with past application of the "Outlying Residential" designation to
coincide with the RL zone district. In addition, several uses to the south of the properties
which are industrial in natural have been previously approved by Special Use Permit in the
ARRD zone district. Further, the three subject properties are currently enclaves within the
surrounding RL zone district.
b. Error in Zoning
The current zoning of ARRD for the subject parcels was originally established in the early
1970's, when the area was originaliy zoned based on uses that existed at the time on the
ground. ln this case, the subject properties were zoned residential due to their rural
residential and agricultural character. To this end, Staff believes the present zoning of the
subject parcels was not done in error.
c. Chanee in Conditions of the Neishborhood
The Planning Commission has initiated this rezone based on the interpretation that
conditions of the area have changed enough so that the existing uses that define the area are
more "industrial" in nature and consistent with the uses identified within the Resource Land
zone district. The most significant change occurring in the area which effects the subject
parcels is that the surrounding parent parcel has been rezoned from ARRD to RL. Staff
concurs that conditions in the area have changed significantly since the zoning in the area
was initially established. Note the following uses permitted in the Resource Land zone
district:
Resource Land Zone District Uses
By rezoning the property, the following uses would be allowed by right or permitted by way
of a Conditional or Special Use.
3.10 R/L -- RESOURCE/LANDS
The Resource/Lands district shall be subclassified into the following zones:
(1) Plateau
(2) Escarpment
(3) Talus slopes
(4) Gentle slopes and lower valley floor
3.10.04 Gentle slopes and lower valley floor
Uses. by right: Ranching, farming and general agriculture, accessory uses and structures
related to agriculture; guiding and outfitting.
Single-family dwelling units and customary accessory uses;
Kennel, riding stable and veterinary clinic;
Retail establishment for sale of goods processed from raw materials produced on the lot.
Accessory dwelling unit approved as a part of a public hearing or meeting on a subdivision or
subdivision exemption or guesthouse special use approved after 7 /95 and meeting the
standards in Section 5.03.021.
Pipeline (Subject to review and approval per procedure and requirements of Section 9.07)
(Added 2005-s3)
Uses. conditional: Church, community building; day nursery and school; studio for conduct
of arts and crafts; home occupation; utility airport, feedlot as principal use of the lot, group
home for the elderly. (A. 97-60)
Uses. special: allowed by permit only: Industrial support facilities which would include:
material handling, pumping facilities, electric distribution, warehouse facilities/staging areas,
storage areas, water impoundments, utility lines, utility substations, extraction, processing,
accessory uses to the above; camper park; hunting lodge; mineral waste disposal areas;
public gatherings; commercial park; resort agriculture-related business; sanitary landfill;
recreational support facilities, communication facility, corrections facility, shooting range
facility (A. 97 -60 98-108; 99-025)
Mass Transit Facility (added 2002-12); Camper Park for the puqpose of providing temporary
quafiers to employees and contractors of the energy extraction industries. (added 2006-95);
Temporary Employee Housing (amended 2006-108)
Accessory dwelling unit meeting the standards in Section 5.03.021 for any lot not created
after a public hearing or meeting after 7195.
Minimum Lot Area: Two (2) acres; except as otherwise approved in a Cluster Option
(2003-n)
Maximum Residential Lot Coverase: Fifteen percent (I57o)'
Reouired Setback. other than industrial:
(1) Front yard: (a) arterial streets: one hundred (100) feet from street centerline or seventy
five (75) feet from front lot line, whichever is greater; (b) local streets: seventy-five (75) feet
from street centerline or fifty (50) feet from front lot line, whichever is greater;
(2) Rear yard: One hundred twenty-five (125) feet;
(3) Side yard: One hundred (100) feet from side lot line or one-half (Il2) the height of the
principal building, whichever is greater.
Required Setback. industrial: One hundred ( I 00) feet from any property line unless otherwise
permitted by special use permit.
Maximum Height of Residential Buildine: (not related to agriculture) Twenty-five(25) feet.
Additional Requirements: A11 uses shall be subject to the provisions under Section 5
(Supplementary Regulations). (A. 80-180; 81-145; 8l-263; 86-09)
Performance Zone Requirements
The Commission should be aware of the performance standards required for certain
proposed uses in the RL Zone District. In order to conduct some of the following uses,
the Applicant must be sure that they comply with the following:
3.12.08 Additional Reauirements: All uses shall be subject to the provisions under
Section 5.00 (Supplementary Regulations). Compliance with Section 5.03.07(Industrial
Operations) and Section 5.03.08 (Industrial Performance Standards), inclusive, shall be
required. If the proposed land use is a "[Jse-By Right", compliance must be demonstrated
at the time a building permit application is made to the County.
Conditional and Special Uses shall require permitting by the County, consistentwiththe
applicable Sections of this Resolution, for which compliance shall be demonstrated at the
time of Conditional/Special Use Petmit application submittal-
IO
All fabrication, service and repair operations shall be conducted within a building or
obscured by a fence, natural topography or landscaping.
Loading and unloading of vehicles shall be conducted on private property and may not
be conducted on any public right-of-way.
At the discretion of the County Commissioners, all outdoor storage facilities for fuel, raw
materials, and products shall be screened by natural topography, or enclosed by afence or
wall adequate to conceal suchfacilitiesfrom adjacent property. All outside storage abutting
orfacing a lot in a residential or commercial zone shall be screened by natural topography
or enclosed by a site-obscuring fence, which shall obstruct the storage from view on the
sides of the property abutting or facing a lot. The fence shall be of such material and design
as will not detractfrom adjacent residences and shall be built according to plans submitted
by the Owner to and approved by the Garfield County Planning Department. If the design is
rejected by the Planning Department, the applicant can appeal the decision to the Garfield
County Board of Adjustment.
If landscaping is proposed to screen the site consistent with these regulations, a landscape
plan shall accompany the submittal for a special Use, conditional use or building permit
application to Garfield County. This plan shall effectively buffer the proposed use from
surrounding residential uses and shall be of sfficient detail, for review by the Planning
Department to determine compliance with these regulations.
Evidence must be provided that all industrial wastes shall be disposed of in a manner
consistent with State Statutes and requirements of the Colorado Department of Health.
(Add Amendment 98-27) All residential structures allowed within the Light Industrial Zone
District, whether as a use-by-right or special use, shall meet the following standards:
One (1) dog will be allowedfor each residential unit associated with a storage use, and the
dog shall be required to be confined within the property boundaries of said use, with
enforcement provisions allowing fttr the removal of a dog from the area as a final remedy in
worst cases.
No open hearth solid-fuel fireplaces will be allowed within a residential unit. One ( 1) new
solid-fuel burning stove as defined by C.R.S.25-7-401, et. seq., and the regulations
promulgated there under, will be allowed in any dwelling unit. All dwelling units will be
allowed an unrestricted number of natural gas burning stoves and appliances.
All exterior lighting shall be the minimum amount necessary and all exterior lighting shall
be directed inward, towards the interior of the storage use, except that provisions may be
made to allow.for safety lighting that goes beyond the property boundaries.
ll
V. STAFF SUMMARY
In light of the forgoing, Staff makes the following observations:
1) The proposed rezoning generally conflicts with the Comprehensive Plan, but is consistent
with the past application of the Comprehensive Plan;
2) The subject parcels are completely surrounded by the Resource Land - Gentle Slopes and
Lower Valley Floor (RL-GSLVF) zone district;
3) On May I ,2007 the Board of County Commissioners rezoned the surrounding JJ acre parent
parcel from Agricultural/Residential/Rural Density (ARRD) to Resource Land - Gentle
Slopes and Lower Valley Floor (RL-GSLVF).
4) On April ll,2ool the Planning Commission initiated the rezone of parcels 2409-2110-O0ll ,
2409-27 I0-OO7 6 and 2409-27 10-001 5 from Agricultural/Residential/Rural Density (ARRD)
to Resource Land - Gentle Slopes and Lower Valley Floor (RL-GSLVF) in order to avoid de
facto spot zoning.
VI. SUGGESTED FINDINGS
1) That all applicable regulations regarding azorre district amendment have been complied with
including, but not limited to, Section 10.00 of the Garfield County Zoning Resolution of
1978, as amended.
2) That the conditions of the neighborhood have changed to such a degree to support the zone
change from ARRD and RL.
3) That the proposed rezoning from ARRD to RL is in the best interests of the public health,
safety and welfare of citizens of Garfield County.
VII. RECOMMENDEDMOTION
"I move to recommend that the Board of County Commissioners approve the rezoning of parcel
numbers 2409-27 10-0077 , 2409-27 l0-O0l 6 and 2409-27 10-0075 from ARRD to RL - GSLVF."
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