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HomeMy WebLinkAbout2.0 Staff ReportExhibits for Public Hearing held for Teter Zone District Amendment January 9, 2006 — Board of County Commissioners Exhibit Letter (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Resolution of 1978, as amended D Garfield County Subdivision Regulations of 1984, as amended E Garfield County Comprehensive Plan of 2000 F Staff Report dated 1-09-06 G Application for the Zone District Amendment H Staff Power Point Presentation I Pictures submitted by the applicant — to be distributed at hearing 444N4A-d obiwt.A (i„,o 0^ l. SV StOcAd .ren:441.9._.3 2. Sfiff A Q ci P, • • BOCC 1-9-06 RW TETER ZONE DISTRICT AMENDMENT STAFF REPORT TO THE BOARD OF COUNTY COMMISSIONERS REQUEST: Rezone the subject property from Resource Lands (RL) Gentle Slopes and Lower Valley Floor to Commercial General (CG) OWNER/APPLICANT: Douglas and Beverly Teter REPRESENTATIVE: Stuver, LeMoine & Clifton, PC GENERAL LOCATION OF PROPERTY: Northwest of the Rulison 1-70 interchange PROPERTY SIZE: 35 Acres PARCEL NUMBER: 2173-253-00-035 EXISTING ZONING: RL SURROUNDING ZONING: RL, OS, ARRD & CL 22 23 Teter Property 24 Rulison & I-70 Interchange The approximate location of the Teter property is shown on the map; west of the 1-70 interchange on the north side of the interstate. To the west is 'OS" zoning, to the north is "RL" zoning, south of the interstate is ARRD zoning. Not shown on the map is a small portion of CL" zone to the northeast. 1 • • 1. REQUEST The applicant is requesting to rezone their property from RL to CG. This request is based on the applicant's desire to use the property in a way that would be more conducive to the surrounding activities in the area. 2. CURRENT PROPERTY USE Currently there is a large metal building on the property that is part of the applicant's industrial support facility. Additionally there are several trucks, machinery, pipes, etc being stored on the site. The applicants applied for a Special Use Permit in 2004. To date a Resolution (#2004-48) has been issued for the Special Use Permit. The applicant and staff are in the final stages of the administrative review for the issuance of the Permit. 3. APPLICABLE LAND USE REGULATIONS FOR THE PROPOSED ZONE DISTRICT AMENDMENT §CRS30-28-116 (Colorado Revised Statutes and §10.00 of the Garfield County Zoning Resolution of 1978, as amended. The Colorado Revised Statutes (CRS) establish general standards of review for rezoning land in the county. The standard used to review a rezoning request depends on whether the proposed rezoning is in compliance with the Comprehensive Plan. If so, the proposed rezoning need only bear a reasonable relationship to the general welfare of the community. If the rezoning would be in conflict with the Comprehensive Plan, the Applicant generally needs to show either 1) that an error 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. 1. The request is in substantial conformance to the Comprehensive Plan. STAFF COMMENTS: The applicant's request of a zone change to "CG" is not in conformance to the Comprehensive Plan. The Comprehensive Plan designation for the subject property is "Outlying Residential". Surrounding Comp Plan zoning areas are Neighborhood Commercial, Open Space and Outlying Residential. Additionally, the Comp Plan encourages the retention and expansion of convenient viable and compatible commercial development. The comprehensive plan specifically designates the area at the Rulison interchange to be neighborhood commercial. This zone area is intended to serve surrounding uses with smaller more limited commercial activity. The applicant's request of CG is not compatible with adjoining CL; the CL zone is more limited and somewhat more compatible with the Comp Plan. 2 • • 2. The existing zoning is erroneous STAFF COMMENTS: Given the amount of oil and gas activity within the area, zoned the RL and OS, it is arguable the existing zoning is not erroneous. It appears the applicant is not contesting any errors in the initial zoning designation of the property. 3. Changes in the condition of the neighborhood STAFF COMMENTS: From the time the property was originally zoned, very few changes have occurred to the neighborhood. A portion of the property to the northeast (6.89acres) was rezoned from RL to Commercial Limited (CL) in 1999 — reception #538274. There is one permanent building and storage of mobile trailer offices on the property zoned CL. The applicant's property now has the industrial support facility that is pending issuance of a Special Use Permit. Other changes within the area are related to the Oil and Gas industry which are allowed through Special Use Permit in the RL zone — the current zone designation of the subject property. Many of the Oil and Gas activity is temporary — drilling rigs, "frac" trucks, and ancillary support contractors. There are other more permanent changes caused by the industry, which are allowed in the RL Zone, through Special Use Permit. In summation, most of the substantive changes that have occurred in the neighborhood are allowed in the underlying RL Zone district. Refer to §3.02 — ARRD, §3.07 — CL, §3.10 - RL of the Garfield County Zoning Resolution for the surrounding uses allowed. Refer to §3.08 for the uses allowed in the proposed CG zone district. 4. STAFF COMMENTS The only real change in the neighborhood is the 6.89 acre parcel that was rezoned CL and the subsequent convenience store and the applicant's industrial support facility. The applicant's request of CG zoning would not be consistent with surrounding zoning and uses. A main objective of zoning is to lend itself to predictability and compatibility to sustain property values, health, safety and welfare. A more appropriate request for an amendment to the zone district of the subject property is CL. 5. STAFF RECOMMENDATION Staff is recommending the Board of County Commissioners does not approve the applicant's Zone District Amendment from RL to CG for the following reasons: 1. The request is not in substantial conformance to the Comprehensive Plan. 3 • • 2. The existing zoning is not erroneous. 3. Changes in the neighborhood have not affected the applicant's property to justify a rezone from RL to CG. 6. SUGGESTED FINDINGS 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 and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed Zone District Amendment is not in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is not in conformance with the Garfield County Zoning Resolution of 1978, as amended. 7. PLANNING COMMISSION RECOMMENDATION AND SUGGESTED FINDINGS On December 14, 2005 Planning Commission voted unanimously to recommend denial of the applicants request to the Board of County Commissioners, based on the following findings: 1) That all applicable regulations regarding a zone district amendment have not been complied with including, but not limited to §10.00 of the Garfield County Zoning Resolution of 1978, as amended. 2) That the conditions of the neighborhood have not changed to such a degree to support the requested zone change from RL to CG. 3) That the request is not in conformance to the Comprehensive Plan. 4) That the existing zoning is not erroneous. 5) That the proposed rezoning from RL to CG is not in the best interests of the public health, safety and welfare of citizens of Garfield County. 6) That the majority of the changes in the area are uses that are allowed in the existing RL Zone as a Special Use. Submitted to Board of County Commissioners by GarCo Planning Staff: Richard Wheeler 4 • • rw 12-14-05 pc TETER ZONE DISTRICT AMENDMENT STAFF REPORT TO THE PLANNING COMMISSION REQUEST: Rezone the subject property from Resource Lands (RL) Gentle Slopes and Lower Valley Floor to Commercial General (CG) OWNER/APPLICANT: Douglas and Beverly Teter REPRESENTATIVE: Stuver, LeMoine & Clifton, PC GENERAL LOCATION OF PROPERTY: Northwest of the Rulison 1-70 interchange PROPERTY SIZE: 35 Acres PARCEL NUMBER: 2173-253-00-035 EXISTING ZONING: RL SURROUNDING ZONING: RL, OS, ARRD & CL 23 Teter Property 24 Rulison & I-70 Interchange k The approximate location of the Teter property is shown on the map; west of the 1-70 interchange on the north side of the interstate. To the west is 'OS" zoning, to the north is "RL" zoning, south of the interstate is ARRD zoning. Not shown on the map is a small portion of `CL" zone to the northeast. 1 • • 1. REQUEST The applicant is requesting to rezone their property from RL to CG. This request is based on the applicants desire to use the property in a way that would be more conducive to the surrounding activities in the area. 2. CURRENT PROPERTY USE Currently there is a large metal building on the property that is part of the applicant's industrial support facility. Additionally there are several trucks, machinery, pipes, etc being stored on the site. The applicant's applied for a Special Use Permit in 2004. To date, a Resolution, #2004-48 has been issued for the Special Use Permit but the applicant's have not met all of the conditions of the approval. Therefore, staff has not issued the actual Permit for the industrial support facility. Within the Resolution the applicant's are required to "construct an eight -foot sight -obscuring fence to enclose a portion of the site as shown on the site plan and approved by the Board. The Applicant shall obtain a building permit for all fencing over 6 feet in height." The required fence has not been completed. Regardless of the underlying zone district, the applicant is required to meet all of the conditions of approval in the Resolution. It is staffs opinion the current use of the property is a zoning violation that needs to be resolved with expediency. Should Planning Commission recommend approval of the Zone District Amendment to the board, staff would recommend the amendment not be effective until all conditions of approval for applicant's Special Use Permit are met, the applicant shall meet all conditions of approval or amend the Special Use Permit by June 14, 2006. Prior to this date or issuance of the permit the applicant shall not increase the violating use of the property or an official code violation will be issued by Garfield County. 3. APPLICABLE LAND USE REGULATIONS FOR THE PROPOSED ZONE DISTRICT AMENDMENT §CRS30-28-116 (Colorado Revised Statutes and §10.00 of the Garfield County Zoning Resolution of 1978, as amended. The Colorado Revised Statutes (CRS) establish general standards of review for rezoning land in the county. The standard used to review a rezoning request depends on whether the proposed rezoning is in compliance with the Comprehensive Plan. If so, the proposed rezoning need only bear a reasonable relationship to the general welfare of the community. If the rezoning would be in conflict with the Comprehensive Plan, the Applicant generally needs to show either 1) that an error 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. 1. The request is in substantial conformance to the Comprehensive Plan. STAFF COMMENTS: The applicant's request of a zone change to "CG" is not in conformance to the Comprehensive Plan. The Comprehensive Plan 2 • designation for the subject property is "Outlying Residential". Additionally, the Comp Plan encourages the retention and expansion of convenient viable and compatible commercial development. The applicant's request of CG is not compatible with adjoining CL. 2. The existing zoning is erroneous STAFF COMMENTS: Given the amount of oil and gas activity within the area, zoned the RL and OS it is arguable the existing zoning is not erroneous. It appears the applicant is not contesting any errors in the initial zoning designation of the property. 3. Changes in the condition of the neighborhood STAFF COMMENTS: From the time the property was originally zoned, very few changes have occurred to the neighborhood. A portion of the property to the northeast (6.89acres) was rezoned from RL to Commercial Limited (CL) in 1999 — reception #538274 and the industrial support facility that is pending issuance of a Special Use Permit Refer to §3.02 — ARRD, §3.07 — CL, §3.10 - RL of the Garfield County Zoning Resolution for the surrounding uses allowed. Refer to §3.08 for the uses allowed in the proposed CG zone district. 4. STAFF COMMENTS The only real change in the neighborhood is the 6.89 acre parcel that was rezoned CL and the applicant's industrial support facility that has not yet been permitted. The applicant's request of CG zoning would not be consistent with surrounding zoning and uses. A main objective of zoning is to lend itself to predictability and compatibility to sustain property values, health, safety and welfare. A more appropriate request for an amendment to the zone district of the subject property is CL. 5. STAFF RECOMMENDATION Staff is recommending Planning Commission does not recommend approval of the applicant's Zone District Amendment from RL to CG for the following reasons: 1. The request is not in substantial conformance to the Comprehensive Plan 2. The existing zoning is not erroneous 3. Changes in the neighborhood have not affected the applicant's property to justify a rezone from RL to CG. 3 • • 6. SUGGESTED FINDINGS 1) That all applicable regulations regarding a zone district amendment have not been complied with including, but not limited to §10.00 of the Garfield County Zoning Resolution of 1978, as amended. 2) That the conditions of the neighborhood have not changed to such a degree to support the requested zone change from RL to CG. 3) That the request is not in conformance to the Comprehensive Plan. 4) That the existing zoning is not erroneous. 5) That the proposed rezoning from RL to CG is not in the best interests of the public health, safety and welfare of citizens of Garfield County. Submitted to Planning Commission by GarCo Planning Staff: Richard Wheeler 4 • • Garfield County October 24, 2005 Barbara Clifton, Esq. 120 West Third St. Rifle, CO 81635 RE: Teter Zone District Amendment Dear Ms Clifton, BUILDING & PLANNING DEPARTMENT This office is in receipt of the Zone District Amendment Application for the Teter Property. This letter is to inform you that the application has been deemed technically complete. Please understand that a determination of technical completeness shall not be viewed as a recommendation of approval, finding of an adequate application, or a finding of general compliance with any goal or objective of the Garfield County Zoning Resolution. This application will be reviewed by Staff and a report will be sent to you. The Garfield County Planning Commissioners will discuss and review the application at a public meeting scheduled on December 14th 2005 at 6:30 pm. The meeting will be held in the Commissioners' Meeting Room in the Garfield County Plaza Building, 108 8th St., Glenwood Springs, CO 81601. As a matter of process, the Planning Commission will make a recommendation to the Board of County Commissioners who shall hold an advertised public hearing on the proposed Zone District Amendment at a regularly scheduled meeting on January 9th 2006 at 1:15 pm. The meeting will be held in the Commissioners' Meeting Room in the Garfield County Plaza Building, 108 8th St., Glenwood Springs, CO 81601. The Applicant shall be solely responsible for the publication, property posting, and mailing of all notices. Applicant shall present proof of publication and mailing at or before the meeting. The item cannot be heard if correct noticing requirements have not been met. Notice for the meeting shall be given as follows: 1. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed subdivision and nature of the meeting, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date such hearing, and proof of publication shall be presented at hearing by the applicant. 2. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two 108 8th S eet, Suite 201, Glenwood Springs, Colorado 81601 (970) 9412 (970) 285-7972 Fax: (9384-3470 • • hundred feet (200') of the subject lot, all owners of mineral interest in the subject property, and all tenants of any structure proposed for conversion to condominiums, at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. 3. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. Enclosed is the appropriate notice and "posting sheet "for the Board of County Commissioners meeting. Note: Please submit 20 copies of the completed application to this office no later than November 18th 2005. If the copies have not been submitted by this date, your public meeting and/or hearing may be jeopardized. Do not hesitate to contact this office in the event you have any questions. Best regards, Richard Wheeler Senior Planner 2 . • • 1 PUBLIC NOTICE TAKE NOTICE that Douglas and Beverly Teter has applied to the Board of County Commissioners, Garfield County, State of Colorado, for a Zone District Amendment to change the current zoning from RL (Resource Lands) to CG (Commercial General) in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See attached Legal Description. Practical Description: Northwest of the Rulison & I-70 Interchange The applicant is proposing to change the zone district of the 35 acre parcel described above, from RL (Resource Lands) to CG (Commercial General), pursuant to §10.00 of the Garfield County Zoning Resolution of 1978 as amended. All persons affected by the proposed zone district amendment are invited to appear and state their views, protests or support. If you can not appear personally at such hearing, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request for the special use permit. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 201, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on this application has been scheduled for the 9th day of January 2006, at 1:15 p.m., in the County Commissioners Meeting Room, Garfield County Plaza Building 108 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County • • NOTICE TAKE NOTICE POtAqietS�� t6vg)4V �F TES has . •plied it the • qzj, of e:›0‘40)7 e 4404/07 s sr 0,42,42e_ic Garfield, County pursuant to to allow: 44 -10 C L nelom c i' 4 L -r .. zzA z. 1S7,elr7 ,si/r7EN/)mEAft Fkotri 124 - Re3outc. on this property. A public #e4 474 will be held in the c'oor/s over" /Wed- 7 bor; r /03 atit Glenwood Springs, Colorado on this application on (date) JAivupRy qfA? / Z 006 at • r!iir (time) • Date Notice Was Posted: By: For additional information, contact the ri/XNA/iPEpAtcreitl% at 4/15- fZ) z` or , 108 8th St. Suite 20 , Glenwood Springs, CO 81601 ciq a a rs 0 • • STUVER, LEMOINE & CL ON, P.C. ATTORNEYS AT LAW 120 WEST THIRD STREET P. O. BOX 907 RIFLE, CO 81650 TRANSMITTAL LETTER TELEPHONE 970-625-1887 FAX 970-625-4448 DATE: September 21, 2005 TO: Garfield County Building and Planning 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 RE: Douglas and Beverly Teter DOCUMENTS SUBMITTED X Duplicate Originals of Zone District/Comprehensive Plan Map Amendment Stuver, LeMoine & Burwell, P.C. Trust Account Check No. 007349 in the amount of $450.00 for processing this request TRANSMITTED: X For processing by your office OTHER MESSAGE: Thank you. Very truly yours, STUVER, LeMOINE & CLIFTON, P.C. B Barbara L. Clifton BLC:pac Enclosures