HomeMy WebLinkAbout1.0 Application·' • l cEIVED DE ~ u 2 2001
APPLICATION FOR
ZONE DISTRICT AMENDMENT
& AMENDED PLAT
GABOSS~XEMPTION
TRACTS OF LAND LYING IN THE NWl/4 , SECTION 35
TOWNSHIP 5 SOUTH RANGE 90 WEST OF THE 61
h P.M.
GARFIELD COUNTY, COLORADO
PREPARED FOR:
ROC & MARY GABOSSI ; CONRAD & MARSHA WAGNER
1125 PALMER AV ENUE
GLENWOOD SPRINGS, CO LO RADO 81601
PREPARED BY:
LAND PLANNING:
JOHN L. TAUFER & ASSOCIATES , INC.
P .O . BOX 2271
GLENWOOD SPRINGS , COLORADO 81602
SURVEYOR:
SURVCO , INC.
P.O . BOX 826
NE W CASTLE , COLORADO 81647
NOVEMBER 29 , 2001
• •
Table of Contents
Zone District Amendment and Amended Plat Application
Introduction -Executive Project Summary
List of Exhibits
Exhibit A -Letter of Consent
Exhibit B -Property Ownership
Exhibit C-Vicinity Map
Exhibit D -Zone District Map
Exhibit E -Aerial Photograph of Proposed Zoning Parcel
Exhibit F -List of Adjacent Property Owners
Attached Maps
Zone District Amendment - 1 Sheet
Amended Gabossi/Wagner Exemption Plat - 1 Sheet
• •
APPLICATION FOR A ZONE DISTRICT AMENDMENT ,,.
I 'VOO'
Garfield County, Colorado ____ V\_111_~--~----v'--"'"i _____ , 19: __
AD DRESS OF APPLICANT: _ _._1. \..._y_.__c:;',___----1p__.0="""'("""wv...r'._....._. _ _._A_v<~_._V\JC-_______ _
b l (,O \
Proposed Zone District Amendment from:
'V Applicant's Signature C ----------.. /
In support of this zone district amendment application, the petitioner must submit all of the
following information:
1. Zone District map of subject property
2. ~eller from the applicant slating the proposed zone district amendment and the reasons
justifying the zone district amendment
3. List of owners of adjacent properly and their addresses as listed in the County Assessors
office, ~ng owners of property separated by public right-of-way
4. Fee of $450.00 -payable lo the "Garfield County Treasurer"
5. \,/Vicinity map showing relative location of the property
6. ~egal description or copy of the deed to the properly
7. v-Lettcr of consent from owner(s) of property if other than applicant
• •
Amended Plat Application Form
Applicant Name: __ ~_.)~\~~zb __ . __,__ __ l---=-------__.l ...... .r...,.._,)=..~~'-'--·--f~_4s_~,.e.,~-c7~'-a~· .....-~· +~-R~· _.,,--_l _v~_,,_._
Please attach a brief description of the amendments to take place, then sign and attach to this
application.
Owner:
Existing Zoning : A I · / rz..o rf) r--
-..J.f4~,f"
f k....,'VV(""'
Change in Easements? YES~ If Yes Where?----------------
Original Lot( s) Size( s) --""~·-1"'-'t..."-----;---''U"'"'o"--'--, -"*~i---r-· _y~'l>_;..v_.:;'i>_t--'--\ -...-' _.i...11--"--'-; _,_?_(,____-'--.,~--"'-----'---·-__
Planning Department Review Fee:
County Surveyor Review Fee:
Total Filing Fee :
$100 .00
$40 .00
$140.00
• • JOHN L. TAUFER & ASSOCIATES, INC.
Landscape Architecture / Land Planning
November 29, 2001
Mark Bean, Director
Garfield County Building & Planning Department
109 Eighth Street
Glenwood Springs, Colorado 81601
Re: Zone District Amendment and Amended Plat -Gabossi/Wagner Property
Garfield County, Colorado J-OJ -·OJ-) ~J~~~v-
uJ"".)~$c~~ Dear Mark,
/ ~
On behalf ofRoc and Mary Gabossi and Conrad and Marsha Wagner, I am pleased to
submit this land use application regarding a Zone D istrict Amendment and Amended Plat
for property located north of Highway 6, approximately 1 mile west of Canyon Creek.
The subject property is zoned AIR/RD -Agricultural/ Residential/Rural Density.
On September 1 7, 2001, the Garfield County Board of County Commissioners granted
conditional approval for the Gabossi/Wagner Subdivision Exemption. Once the
conditions of approval are satisfied, the approval permits the owners to divide a 61.5 acre
parcel of property into four (4) residential lots consisting of2.76, 20.48, 20.85 and 17.37
acres respectively. While most of those conditions have been satisfied, the owners are
not proceeding with t~e well imp_ro~ments on three (3) of the lots u~til . this application is ' · . "j__
presented to the Plannmg Commiss10n and Board of County Comm1ss10ners . _ O J;_~..Q ~U::l-f-
,,... ~GO t0 c:;(,~ {--)._ >.i l&Jr
The owners are req.uesting appro.val t~ rezone appro~imately 6.561 acres ?f pr?p~rty L~ 'r '
from AIR/RD, Agncultural/ Residential/ Rural Density to C/L, Commercial/Limited. ·
This p~rtion of property is located a?jacent to Highw~y 6 and County Road 138. The ~
11
:1
remammg 58.539 acres would remam as AIR/RD zonmg. The owners are concurrently ~J,. ~
requesting approval to amend the lot lines of the conditional approved Gabossi/Wagner ~~
Exemption in order to create two (2) commercial lots consisting of approximately 3.537 WS~ ~
and 3.024 acres eac~ and two (2) residential lots consisting of approximately 20.22 and ~J..-/l'S'lr--
34.685 acres respectively. ....,,
The reason behind the request is to allow the owners to develop commercial uses on the
~ 3£tl.ll,l., ~e parce l$The anticipated commercial uses on the parce ~would consist of
· general service uses and a mini-storage facility. -'---ttd:i~&~~ (.,(,Ok<) ) [' \C..«j
Conrad and Marsha Wagner own Precision Cut and Design, a metal and stone cutting
business. They presently rent shop space south of Glenwood Springs and would like to
construct a shop, for their own use, on a portion of the commercially zoned property.
909 Colorado Avenue • Box 2271 • Glen\Nood Springs.CO 81602
(970) 945-1337 e FAX (970) 945-7914
• •
They also intend to construct a single family dwelling unit, for their own use , on the
adjoining residential lot. Roe and Mary Gabossi intend to construct and operate the mini
storage facility .
: IQ\ (i'(" The remainder of the commercial uses , with the ex ception of the mini storage facility
~k.Ji-1 would either rented, leased or sold to individual businesses . The demand, in Garfield
t{f_ ~ 1 County, for general service facilities is tremendous. The location of this property is ideal
1 ~ for contractors and associated businesses . The property is relatively close to Glenwood ~ Springs and is close to the growth centers of the Colorado River v alley. Having direct
access to Highway 6 and being located within one (1 ) mile of the Canyon Creek
interchange makes this property desirable in terms o f accessibility to major road
networks.
\1'{9 The proposed commercial portion of the property is located adjac ent to Highway 6 and
0 County Road 138. During construction ofl-70, this specifi c area was mined for base
. material that was used for fill material to construct portions ofl-70. As a result of the J1:J mining activity, an area was carved out of the hills ide thus creating a relatively flat area ~ r.~? that extends from Highway 6 to appro x imately 200 -3 00 feet to the north. The grading c.Y: ('r activity also created an enclave of property that is vi sually and physically separated from
adjoining property to the west, east and north. The subject property is barely visible from
X? the I-70 corridor.
Approximately 10 acres of adjoining property to the east is zoned C/L Commercial
Limited. This property has similar attributes to the subject property. The property fronts
Highway 6 and County Road 138 and the terrain i s r elatively flat. A portion ofthis
commercially zoned property is owned by the New Creation Church. The congregation is
presently in the process of constructing a new church facility on the property.
The remainder of the commercially zoned property to the east of the church property is
undeveloped. _.+-, "r.rurrhrl.l~
/ tLCV\ ti.A..~ ' ' -
The type of proposed sewage treatment for the commercial uses w~uld be ISDS . The
combined daily flow for the commercial uses on each lot woul d not exceed the m aximum
flow of 2 ,000 gallons per day. A central collection system would be designed for all uses
on each lot and directed to a common disposal system. According to the SCS soil
characteristics table, the soils within this commercial area are ideal and pose slight
limitations with respect to individual disposal systems. Percolation tests would be
performed to determine the most appropriate type of engineered ISDS system.
In November 1998, an Augmentation Plan was approved, by District Court, Water
Division No. 5, for the entire 61.5 acre parcel. Under the approved Augmentation Plan,
the owners are permitted up to 6 wells for a total of 30 single family dwellings of
domestic in-house use. Although_!b.e augmentation plan was approv ed and is specific for
residential uses, the owners will submit an amende d augmentation plan to District Water
ou o me u e commerci al uses. Irrigation water is available for outside irrigation
• requ ir ed by the commercial developmero.
2
·j
• •• f<\wik~~ r~~a-L~1'j
(Although thi~rty is designated for residential use in the Garfield County
Comprehensive Plan, Study Areas 2 & 3, a case can be made that this 6.561 acre parcel
of land is more suitable to a commercial use designation that residential. The area is
topographically separated from adjoining residential land and is more aligned with the
neighboring commercially zoned property. Another attribute is that this property is
adjacent to Highway 6 and County Road 138 and is in close proximity to the Canyon
Creek interchange to I-70 . The property is an enclave that is not visible from adjoining
properties and is barely visible from the 1-70 corridor.
We believe this property is more suitable for commercial use than residential use. The
property is void of vegetation and is directly exposed to Highway 6.
Included in this application is a drawing of the proposed Gabossi/Wagner Zone District
Amendment that depicts that proposed commercial area as well as the proposed Amended
Gabossi/Wagner Exemption Plat. Also included is a Garfield County Zone District Map
showing the subject property and the relationship with adjacent properties. I have also
attached an aerial photograph of the area showing the property and adjacent properties.
This photograph shows that area proposed for commercial zoning and again, the
relationship of this enclave to adjoining properties.
We anticipate presenting this application to the Garfield County Planning Commission in
the very near future. We appreciate your time in reviewing this land use application. If
you have questions or need additional information, please do not hesitate to contact my
office.
Sincerely,
John L. Taufer, Owners Representative
3
• •
EXHIBITS
• Exhibit A
November 28, 2001
Mark Bean, Director
Garfield County Building & Planning Department
109 8th Street
Glenwood Springs, Colorado 81601
•
Re : Gabossi/Wagner Zone District Amendment-Garfield County, 'Colorado
DearMark
As owners of the proposed Gabossi/Wagner Subdivision Exemption property, we hereby
authorize John L. Taufer, John L. Taufer & Associates, Inc. to represent our interests in
obtaining approval of our land use application for a Zone District Amendment and
Amended Plat.
We appreciate your time and efforts in reviewing our application.
Sincerely,
Roe Gabossi Date
Exhibit B •
QUIT CLAIM DEED
THIS DEED, made this 18th day of _A~p_ril ______ , 2001 between
EST A TE OF DOROTHY L. BOWLES, DECEASED
grantor, whose screet address is :
P.O. BOX 386, SPIRIT LAKE, ID 83869
Councy of GARFIELD , Stare of Colorado , for the consideration
of Ten Dollm and other eood and valuable consideration• • • • • • • Dollars in hand paid ,
hereby sells and quitclaims to:
MARY ANN GAllOS.SI AND ROC ANTBONY GABOSSI
!XJ Joint Tenants 0 Tcnsnts in Conmon
grantee, whose street address is:
44523 HWY 6 & 24 , GLENWOOD SPRINGS, CO 81601
County of GARFIELD , State of Colorado , the following legally
described water rights: ANY AND ALL WATER RIGHTS APPURTENANT TO OR USED IN CONNECTION .
WITH THE PROPERTY INCLUDING, WITHOUT LIMITATION, THE EXISTING WELL (TOGETHEa
WITH WELL PERMIT NUMBER 52966) ,EIGHT AND EIGHT TENTHS SHARES OF THE WILLIAMS
CANAL COMPANY, ANY AND ALL RIGHTS OF SELLER TITLE AND INTEREST IN AND TO THE
DISTRICT COURT, WATER DIV. NO. 5, COLORADO, PROCEEDING FILED AS CASE NO. 97CW162.
Appurtenant to:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART THEREOF.
Signed as of the day and year first above writen.
ESTA_3E OF D.QROTHY L. BOWLES, DECEASED
1·u~ B):': TE DUP ~ERSONAL REPRESENTATIVE
Slate of Colorado )
)SS.
-----County of GARFIELD )
The foregoing instrumenc was acknowledged before me this / 8Yh day of --=-A_.,p;..;;,ril"---'
2001 by TERRY DUPREY AS PERSONAL REPRESENT ATlVE FOR TBE EST A TE OF
DOROTHY L. BOWLES, DECEASED
Wimess my hand and official seal .
My commission expires: c,·...i1-~0o2-·
ELLEN M. ~~ordec Return co :
No~ Public
MARY ANN GABOSSI AND ROC ANTHONY GABOSSI
NOTARY PUSLI I -------------
' STATE OF COLORADO ~ 44523 HWY 6 & 24
G --MY-'~&xpllM08121/2002 GLENWOOD SPRINGS, CO 81601
lorm llATER,QCO (6·8·99)
f'r
. ~•111 Hlell •IHll Ill 1111• 1111111111 11111 1111101
....a& 04/19/2.001 ":1~..ml Pm l'I ALSDORf
.t. of 2 R 10.00 D IL00 G~ COlfiTY CO
EXHIBIT A
•
THAT TRACT AS DESClt:t!IBD IN BOOJt l08 AT PAGE 170 Oli' THE RECORDS Oli' GARFii:LD
COUNTY, COLORADO AND BEING A TRACT SITUATED IN THE NORTHWJ:ST QUARTER OP
SECTION 35, TOWNSHIP S SOUTH, RANGE 90 WEST OP THE SIXTH PRINCIPAL MERIDI.>.N,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS•
BEGINNING AT THE NORTH QUARTER CORNER OP SAID SECTION 35, SAID NORTH QUARTER
CORNER BEING A 2" IRON Pil'B WITH AN ALUMINUM CAP BEARING P.L.S. JU::GISTRATION
#1S710: THEN ALONG THB Z.AST LINE OP TEE NORTHWEST QUARTO OP SAID SECTION,
SOUTH 07 DEGREES 03 1 10• BAST A DISTANCE OP 1870.02 FEET TO THE NORTHEAST
CORNER OP TBAT TRACT AS DESClUlllW IN DOCUMENT RECORDED IN llOOJC 871 AT PAGE 3 0
O'F TRB RECORDS OF SAll COUTNY; THEN ALONG THE NORTH .AND WEST 80UNDARY OF SAID
TRACT TBE i'OLLOWrNG THREE COURSES1
lJ NORTH 90 DEGREES 00 1 00• WEST A DISTANCE OF 84.81 FEET;
2) SOUTH 00 DEGREES 40 1 50 11 WEST A DISTANCE OF 80 .~2 PEET;
3J SOUTH 10 DEGREES 10 1 24 11 EAST A DISTANCE OF 237.69 l'EET TO INTERSECT THE
NORTHERLY RIGHT O? WAY or A COUNTY ROAD AS IT CROSSES TRB SOUTHEAST QUJl.RTER OF
SAID NORTHWEST QUARTER, SAID RIGR'l' OF WAY BEING 30 li'EET NORTHERLY OP THE
CENTERLINE OF SAlll ROAD AS LOCATBD BY SURVEY IN J1JNll: 1993; THEN ALONG SAID
NORTRXRLY RIGHT OP WAY TBB FOLLOWING li'OUR COURSES :
lJ SOUTH 68 DEGREES 56 1 19" WEST A DISTANCE OF 119.42 FEET;
2) SOUTB 75 DEGREES 17 1 17" WEST A DISTANCE OP 119.64 FEET;
3) SOUTB 79 DEG~S 09 1 05" WEST A D"ISTANCB OF 64 .99 FEET;
4) SOU'l'B 67 DEGREJCS 03'21" WEST A DISTANCE OF 153 .83 FEET TO INTERSECT THE
NORTHERLY RIGHT OF WAY OP' STATE HIGHWAY NUMBER 6 AND 24; THEN ALONG SAID
NORTHERLY RIGHT OP WAY THE iOLLOWING SIX COURSES ;
l) NORTH 65 DEGREES 14 1 00" WEST A DISTANCE OF 7S8.22 PEET:
2 J 426. 40 PEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF
12 DEGREES 09'16• A RADIUS O? 2010.00 PEET AND A LONG CHORD WHICH BEARS NORTH
71 DEGREES 18'38" WEST A DISTANCE OP 425.60 PEET;
3) SOUTB 13 DEGREES 12'00• WEST A DISTANCE OF 50.00 FEET:
4) 2 7 0 . 7 2 i'l!:ET ALONG TJD: ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF
07 DEGREES 54 1 49" A RADIUS OF 1960.00 FEET AND A LONG CHORD WHICH BEARS NORTH
81 DEGREES 21 1 35" WEST A DISTANCE Di' 270 .50 FBBT;
5) NORTH 85 DEGREES 19 1 00• WEST A DISTANCE OF 368.00 FEET;
6) 109.74 FEET ALONG THE ARC 01" A CURVE TO THE RIGHT RAVING A CENTRAL ANGLE OF
01 DEGREES 06 1 2S", A RJ>.DIUS OP 5680.00 FEET AND A LONG CHORD WHICH BEARS NORTH
84 DEGRE.ES 45'48 11 WEST A DISTANCE OF 109.74 FEET TO A COLORJ\DO DEPARTMENT OF
HIGHWAYS RIGRT OP WAY MARXBR1 THEN DEPARTING SAID NORTHERLY RIGHT OF WAY AND
ALONG Tlm EASTERLY LINK OP' A PARCEL REFERRED TO AS THE "TIBBITS PLACE" AS
DESCRIBED IN DOCUMENT :RECORDED IN BOOK 4 91 AT PAGES 7 9 0 l'.ND 791 OP THE RECORDS
OF Sl'.ID COUNTY THE FOLLOWING 15 COURSES;
lJ NORTH 23 DEGREES 00 1 10" EAST A DISTANCE
2J NORTH 33 DEGRBES <ll'22" BAST A DISTANCE
3) NORTB 10 DEGREES 41 1 01" EAST A DISTANCE
4J NORTH 18 DEGREES 00'45" EAST A DISTANCE
SJ NORTH 89 DEGREES 42'59" WEST A DISTANCE
6 J NORTH 45 DEGREES 44 1 37" EAST A DISTANCE
7) NOR TB 23 DEGJUraS 3 3 '14" E.AST A DIS.TANCE
BJ NORTH 37 DEGREES 49 1 14" EAST A DISTANCE
9) NORTH 04 DEGREES 22 1 29" EAST A DISTANCE
OP
OP
OF
OF
OF
OF
OF
OF
OP
85 .51 PEET;
273.31 FEET;
126.20 FEET;
102.71 i'EBT;
34.79 FEET;
194.88 l:'EET;
128,60 P'EET;
l3S.68 PEET:
95.53 PEET;
10) SOUTB SO DEGREES 44 1 37" EAST A DISTANCE OF 38.18 FEET;
llJ SOUTB 37 DJ:GRB!i:S 3"3 '49• EAST A DISTANCE OF 59. 61 FEET;
12) SOUTB 35 DEGREES 15 1 19" BAST A OlSTANCE 161.50 li'EET;
l3J SOUTH 31 DEGREES 52 1 13" EAST A DISTANCK OF 130.89 FEET;
14) SOUTH 26 DEGRBBS 55'22" li!AST A DISTANCE 62.07 FEET;
lSJ SOUTH 20 DEGREES 42'31" EAST A DISTANCE OP 84.87 FEET; TREN NORTH 45
DEGREES 21 1 31" EAST A DISTANCE Oli' 1856.54 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OP COLORADO
Cll2J5453
1 ntninm 1111n 11111111111~1 ~•111111111111111
!799!104/19/2001 94.:.,-. 81246 P773 Pl ALSDORF
1 ol 3 R 1!5.00 D 70 .00 GARFlEl.D COUNTY CO • ·--···-=----· ... ~-:::-.--· ·---· ·----· ··--··-
PERSONAL REPRESENTATIVE'S DEED
(Testate Estate)
:; THIS DEED is made by ___ Te.rry ___ "'"""--'Dupr ...... -'--"e ... Y ________ _
·,
-~-------as Personal Representative of the Estate of I:brothy L. Bc:Mles, A/KIA J:b:rothy IJJcllida Bowles
------------------· deeca.scc:I , Granter,
to Mary Ann Gabossi and R:x:: Anthony <"..alx?g:i
'.!
' ~
,;
'i
'i --------~,------------,Grantee, i;
whose legal address is 44523 HWY 6 & 24 :;
GLENWOOD SPRINGS. CO 81601 ji
~ \ of the •county of Garfield . State of Colorado \/I
'! WHEREAS, the Last Will and Tt:swneut of the above-named decedent was made and executed in the lifetime of the ,I\
• · decedent, and is dated Octcber 29 , 199 3 , which Will wiu duly admitted to (furmzd) (informal)•• '. !
,. probate on Harch 25 , _ 1997 , by the District Cq~ixl.apd for the ;;
'i County of Garfield , State of Colorado, Probate No. 97PR.lb ; jl
' WHERE.AS , Granter was duly appoinled Personal Representative of said Estate on March 25 : '.
" 19 ....22.. , and is now quaillied and acting in said capacity. '. i
NOW THEREFORE, punuant to the powers conferred upon Gnmtor by the Colorado Probate Code, Grantor does ! :
b~reby sell, convey, assign, transfer and set over unto said Grantee (in join1 1enancyj•• (for and in consideration of j i
Seven Hlm.dred Th::msand and no/100 Dollars)H "
:1 ~~~~w p;o~in the •.bovc. captjoned....Wil.1)-the following described real ::
. i property siruate in the County of Garfield , Sute of Colorado: ,.
;.
i
;,
I
=!
"j
See Exhibit A attached hereto and ma.de a part hereof by this reference.
1,
" I!
iJ
I , 1;
d
.i
! ~
'I
/1 ·!
" 11
I!
Ii
\\
'i ;·
i!
: ! also known by street and number as: 44523 Highway 6, Glern.ood Springs, C.Olorado 81601 :J
, ! asstSSOr's schedule or parcel number. ! j
I! /! ; ! With all appurtenances, subject to covenants, casements and restrictions of record, and subject to general property ; !
i ~ taXes for the year .lQQJ., and subject to patent reservations of record, encroachrrent of '1' :i roadway on subject property as shown on First Amended Senor Mesa Plat recorded L
I 41 Boak 201 at :gage 502 and encroaching gravel access driveway and :E=9SSeSSOJ:Y ii
1: rightsd ~t;iiJie ~enliii ~ti?l\ 1~rovanent~ey J27613 dated September 1, 1999 •.
1
;
.:, ! Pis use em, c smgu u p llil<l UlC piu c s11111 or. . .
!\ Executed April 18 2001 . i;
!! 'I i: I JUA~D,6/V'~. I;
!! l jl
. . PODODal Rep.....,ol&live orU:=:or~_r_e_y_Dor~--'--Y--L~. _Bow __ l~e~s~,_A/I<~~/A~ i ! j: :;;;I:b:::ro::..:::..:th=y-=Lu=:.Clll=· .:=da=-;:;:Bow=l:::e:::s:.-___________ , .oe~ !i
I
---~---SI:-A_~g~~~--Gar __ f_i_el_d ___ }~
The foregoing instrument was aclcnowlcdged before me this / 81./)1 day of_......::.;Ap:.;.r=1==· 1::...._ __ _
by Terry Duprey
a.s Pcnonal Representative of the Estate of Dorothy L. l3owles, A(K/A Dorothy Lucinda !3owles
~---~--~---~-----~.Deceased.
Witness my hand and official seal.
My commllsion expires: q-dt-dOOl-
"11 .. "-'-. ... "0cyd/f~-----............ ---...... -suw. ..... ..... ELLEN M. LIPSCOMB
NOTARY PUBLIC
PEllSONAI. UPaJ!SUITATI\TS DEED cr--l
Dnidlonl l'liblidlloa. 1743 W.... St.. DonYCr, CO ll020'2 -lm-292·1JOO-brldl0ldpllblllhlns-com-9.99
ConrieJotlH7
I
!
Exhibit C
I-70
Vicinify Hap
<Not to Seo.le)
I
L ----_____ .... .,
132 \--i
I
ffWEST G~ENWOOD. _
f_ ---····-~
GLENWOOD
SPRINGS
-v~ ':~it
•
•
Jlp (
Exhibit D Zone District Map
• •
Exhibit E
PROPOSED COMMERCIAL/ LIMITED C/L ZONING
EXISTING COMMERCIAL/ LIMITED C/L ZONING
i
::r:
~
0 z
ZONE DISTRICT AMENDMENT
GABOSSI/ WAGNER PROPERTY
•
Exhibit F
Gabossi/Wagner Zone District Amendment
Adjacent Property Owners
Norman Hansen
P .O. Box 702
New Castle, Colorado 81647
New Creation Church of Glenwood
A Colorado Non-Propfit Corp.
P.O. Box 1996
Glenwood Springs, Colorado 81602
Colorado Department of Transportation
Attn: R.O.W. Staff
222 South 61h Street
Grand Junction, Colorado 8150 1
•
•
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANT:
LOCATION :
SITE DATA :
WATER:
SEWER:
ACCESS:
EXISTING ZONING:
ADJACENT ZONING:
Zone District Change from All to C /G
Robert 0 . Klein, Otis W . Burough
Parcels located east of the City of Rifle,
northeast of the Cottonwood Mobile Home
Park, and immediately north of the recently
approved Powerline Professional Park
subdivision, along County Roads 210 and
221.
30 +/-Acres
Presumed to be served by well water
ISDS
CR 210 to Hwy 6&24
Agricultural Industrial (A/I)
south and east: Commercial General (C/G)
north and west: Agriculture Residential
Rural Density (AIR/RD)
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The tracts ofland are designated as Commercial on the Land Use Districts Map of the 2000
Garfield County Comprehensive Plan, Study Area III.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description & Project History : The three (3) subject properties are roughly
twenty (20), three (3), and thirty-eight (38) acres in size and are located along County
Roads 210 and 221. The 3 8 acre parcel is bisected by County Road 210, with about
11 acres to the west of the road and 27 acres to the east of it. The County reviewed
a similar rezoning request about 10 years ago , which was denied due to the poor
access onto the County road. Since that time the road conditions have not improved,
1
3.01
3.01.01
3.01.02
3.01.03
3.01.04
3.01.05
3.01.06
B.
• • but a new Comp Plan has been adopted.
Request. The applicant is requesting that the property be rezoned from All to C/G.
Please note that the C/G zone district allows all the uses within the C/L district, with
additions as noted. The zoning text for the All, C/L and C/G zone districts are as
follows:
A/1--AGRICULTURAVINDUSTRIAL
Uses. by right: Agricultural, including farm, garden, greenhouse, nursery, orchard, ranch,
small animal farm for production oj poultry, fish, fur-bearing and other small animals,
and customary accessory uses including buildings for shelter and enclosure of persons,
animals or property employed in any of the above uses; retail establishment for sale of
goods processed from raw materials produced on the lot;
Kennel, riding stable and veterinary clinic, guiding and outfitting;
Single-family dwelling and customary accessory uses only where it is accessory to the uses
listed above. (A. 80-180; 86-09)
Accessory dwelling unit approved as a part of a public hearing or meeting on a
subdivision or subdivision exemption or quest house special use approved afler 7195 and
meeting the standards in Section 5. 03 . 02
Uses, conditional: Aircraft landing strip, airport-utility, salvage yard and sanitary landfill;
group home for the elderly. (A. 97-60)
Home occupation, storage. (A. 80-180;86-09)
Uses. special: Camper park, agriculture-related business, resort; Airport-air carrier,
communication facility, corrections facility. (A . 97-60), shooting range jacility(A. 98-108)
Plant for fabrication of goods from processed natural resources; material handling,
pumping facilities, electrical distribution, warehouse facilities/staging areas, fabrication
areas, storage areas, water impoundments, access routes, utility lines, utility substations,
pipelines; extraction, processing; public gatherings; commercial park; recreational
support facilities; guest houses; Commercial/Recreational Facility/Park (A. 80-180; 81-
145; 81-263; 86-09;
99-09; 99-025)
Accessory dwelling unit meeting the standards in Section 5. 03 . 02 for any lot not created
afler a public hearing or meeting afler 7195.
Minimum Lot Area: Two (2) acres. (A. 80-180)
Maximum Residential Lot Coverage: Fifteen percent (15%). (A. 80-1 80)
Minimum Setback: (Unless otherwise permitted by special use permit.)
(1) Front yard: (a) arterial streets: seventy-jive (75) feet from centerline or fifty(50) feet
from lot line, whichever is greater; (b) local streets: fifty (50) feet from street centerline or
twenty-jive (25) feet from front lot line, whichever is greater;
(2) Rear yard: Twenty-jive (25) feet from rear lot line;
(3) Side yard: Ten (JO) feet from side lot line, or one-half (1 12) the building height,
whichever is greater. (A. 80-180)
2
3.01.07
3.01.08
3.07
3.07.01
3.07.02
3.07.03
• • Maximum Herzt o(Buildings: Forty (40) feet. (Unless otherwise permitted by special use
permit.) (A. 8 -180)
Additional Requirements: All uses shall be subject to the provisions of Section
5(Supplementary Regulations). (A. 80-180)
CIL --COMMERCIAULIMITED
Uses. by right: Single-fi1mily, two-family and multiple-family dwelling, and customary
accessory uses including building for shelter or enclosure of animals or property accessory
to use of the lot for residential purposes and fences, hedges, gardens, walls and similar
landscape features; park; boarding and rooming house; hotel, motel, lodge;
C hurch, community building, day nursery and school; auditorium, public building for
administration, fraternal lodge, art gallery, museum, library,·
Hospital, clinic, nursing or convalescents home; group home for the elderly. (A . 97-60)
Office for conduct of business or profession, studio for conduct of arts and crafts, provided
all activity is conducted within a building;
Commercial establishments, as listed below, provided the following requirements are
observed;
(1) All fabrication, service and repair operations are conducted within a building;
(2) All storage of materials shall be within a building or obscured by a fence;
(3) All loading and unloading of vehicles is conducted on private property;
(4) No dust, noise, glares or vibration is projected beyond the lot;
Wholesale and retail esta blishment including sale of food, beverages, dry goods, fitmiture,
appliances, automotive and vehicular equipment, hardware, clothing, mobile homes,
building materials, feed, garden supply and plant materials;
Personal service establishment, including bank, barber or beauty shop; Laundromat
laundry or dry-cleaning plant serving individuals only; miniature golf course and
Accessory facilities, mortuary, photo studio, shoe repair, tailor shop, restaurant, reading
room, private club, theater and indoor recreation;
General service establishment, including repair and service of automotive and vehicular
equipment, vehicular rental, service and repair of appliance, shop for blacksmith,
cabinetry, glazing, machining, mini-storage units, printing, publishing, plumbing, sheet
metal and contractor's yard. (A. 86-1 O; 89-058)
Uses. conditional: Row house; home occupation; parking lot or garage as principal use
of the lot. (A . 86-09)
Uses. special: Automotive service station or washing facility; camper park; mobile home
park; communicationfac ility, correctionfaci/ity. (A. 97-60)
Any use, by right, in this zone district used principally as a drive-in establishment where
the customer receives goods or services while occupying a vehicle; water impoundments,
storage, commercial park; utility lines, utility substations; recreational support facilities.
(A. 80-180; 81-145; 81 -263; 99-025)
3
3.07.04
3.07.05
3.07.06
3.07.07
3.07.08
3.07.09
3.08
3.08.01
3.08.02
3.08.03
3.08.04
3.08.05
• • Minimum Lot Area: Seven thousand five hundred (7,500) square feet and as further
provided under Supplementary Regulations.
Maximum Lot Coverage~ Seventy-five percent (75%), except for commercial uses which
shall be eighty-five percent (85%).
The County Commissioners may require adequate screening of all parking and roadway
areas in commercial uses from adjoining residential uses and public streets. A maximum
of ten percent (10%) of the total parking and roadways areas may be required to be
devoted exclusively to landscaping of trees, shrubs, and ground cover to reduce visual
impacts. (A. 81-99)
Minimum Setback:
(1) Front yard: (a) arterial streets: seventy-jive (75) feet from street centerline or fifty (50)
feet from front lot line, whichever is greater; (b) local streets; fifty (50) feet from centerline
or twenty-jive (2 5) feet from front lot line, whichever is greater;
(2) Rear yard: Twenty-five (25) feet from rear lot line for lot occupied by residential uses;
seven and one-half (7.5) feet for lots with no residential occupancy;
(3) Side yard: Ten (10) feet from side lot line or one-ha/f (1 12) the height of the principal
building, whichever is greater. (A. 79-132)
Maximum Height of Buildings: Twenty-five (25) feet.
Maximum Floor Area Ratio: 0.5011.0 and as further provided under Supplementary
Regulations.
Additional Requirements: All uses shall be subject to the provisions under Section 5
(Supplementary Regulations).
CIG --COMMERCIAUGENERAL
Uses. by right: Any use, by right, of the CI L district subject to all conditions listed
thereunder;
General service establishment including lumberyard, motor freighl depol and storage.
Uses. conditional: Any conditional use of the CIL district subject to all conditions listed
thereunder;
Plant for fabrication of goods from processed natural resources.
Uses. special: Any special use of the CIL district subject to all conditions listed thereunder;
Plant for processing natural resources and agricultural materials into food and beverages;
communication facility, correction facility. (97-60)
Salvage yard, water impoundments, automobile racetrack and material handling;
recreation support facilities. (A. 81-263)
Minimum Lot Area: Seven thousand jive hundred (7,500) square feet and as further
provided under Supplementary Regulations.
Maximum Lot Coverage: Seventy-five percent (75%), except for commercial uses which
shall be eighty-five percent (85%).
4
3.08.06
3.08.07
3.08.08
3.08.09
• •
The County Commissioners may require adequate screening of all parking and roadway
areas in commercial uses from adjoining residential uses and public streets. A maximum
of ten percent (10%) of the total parking and roadways areas may be required to be
devoted exclusively to landscaping of trees, shrubs, and ground cover to reduce visual
impacts. (A. 81-99)
Minimum Setback:
(1) Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty (50)
feet from front lot lone, whichever is greater; (b) local streets: fifty (50) feet from street
centerline or twenty-five (25) feet from front lot line, whichever is greater;
(2) Rear yard: Twenty-jive (25) feet from rear lot line for lots occupied by residential uses;
seven and one-half (7. 5) feet for lots with no residential occupancy;
(3) Side yard: Ten (10) feet from side lot line or one-half (1 12) the height of the principal
building, whichever is greater.
Maximum Height o[Building: Thirty-jive (35) feet.
Maximum Floor Area Ratio: 0.5011.0 and as further provided under Supplementary
Regulations.
Additional Requirements: All uses shall be subject to the provisions under Section 5
(Supplementary Regulations).
The applicants have not specified uses in mind at this point in time .
ill. MAJOR ISSUES AND CONCERNS
A Referrals: This application was referred to the following agencies for review and
comment:
City of Rifle : Was also contacted by phone. The City did not respond to requests
for comments.
Garfield County Road & Bridge: See page __ . Notes that future development
would necessitate road improvements to CR 210 , CR 221, and CR 223.
B. Applicable State Regulations. State statutes establish standards of review for
rezoning requests . 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 confl ·ct with the comprehensive plan, the aQ licant
geµerally needs to show either 1) that an error was made in establishingthe current
zoning, or (2) that there has been a change in the conditions of the neighborhood
that supports the requested zone change .
1. Compliance with the Comprehensive Plan:
5
• •
As noted previously, the Comprehensive Plan shows the property in question as
Commercial on the Land Use Districts Map of the 2000 Garfield County
Comprehensive Plan, Study Area III . Some relevant goals and policies are as
follows:
Commercial Goal : Garfield County will encourage the retention and expansion of
convenient, viable, and compatible commercial development capable of providing
a wide variety of goods and services to serve the citizens of the County.
Commercial Policies :
Policy 4.1 states that Commercial development will be encouraged in areas where
existing infrastructure (water and wastewater facilities) are currently available.
The applicant has stated (via telephone conversation with J. Barbee on 3/27/01)
that they hope that wastewater will be handled by Wastewater Services, Ltd.,
(Cottonwood system) and that they are currently in the negotiation phase to
secure such services. If Cottonwood agrees, they must obtain the proper CDPHE
approvals for expansion of their system . The applicant also stated that central
water is not currently available, but that future development plans may include a
well field or community water system.
Although the proposal seems to be in conflict with the above stated policy, it is
Staffs' opinion, due to the commercial land use designation, that the rezoning request
is generally compatible with the comp plan.
2. Error in Established Zoning:
The property is currently zoned A/I, which is primarily an agricultural district. The
existing zoning is consistent with the physical attributes of the property as it has
historically been used.
3 . Change of Circumstance :
No substantial change in land uses has occurred in the general area of the project
since the establishment of the A/I zoning .
C. Applica ble County Regulations: Little direction is provided by the County Zoning
Resolution as to criteria for re-zonings. Historically, the County Commissioners
have required that thret: (3) basic findings be met. These include compliance with
procedural requirements of Section 10 , that the amendment is in general compliance
with surrounding land uses, comp plan, and zoning, and that the amendment is in the
general interest of public health, safety and welfare.
1. Procedural Requirements : The applicants have complied with the procedures
as laid out in section 10 .00 of the Zoning Resolution. The Board of County
6
• •
Commissioners has referred the application to the Planning Commission for
review and a recommendation at a public meeting. The Board will
ultimately decide whether or not to grant the request to amend the zoning at
a publicly noticed hearing. If the re-zoning request is approved, the
amendment shall be promptly entered on the appropriate sheet of the Zone
District Map.
2. Compatibility with Adjacent Land Uses : While the properties to the west and
north are agricultural, County Roads 210 and 221 will create a physical
barrier to the commercial use of the property and do not seem to be
incompatible. Since C/G zoning already exists to the east and south, the
rezoning would not seem to constitute "spot zoning". It should be noted that
if the re-zoning is approved, the result will be that one of the parcels will lie
in two (2) different zone districts . The exemption plat states that no further
division by exemption shall be allowed on the property . The owner should
be aware that in order to separately convey the 11 +/-acres to the west of CR
210, which is physically separate and would retain a different zoning
designation, he must complete a full subdivision process.
3. Public Health, Safety, and Welfare :
A Water/Sewer: There is a concern that central water and sewer do not
currently serve the area. It should be noted that many of the uses allowed
by right in the C/G zone district will be prohibited unless served by
central water and/or central sewer, since ISDS can treat only domestic
waste . Future development plans must either include central water
and/or sewer, or clearly prohibit commercial uses by covenants and plat
notes.
B. Access: County roads 210 (Mile Pond), 221 (Green Lane), and 223
(Peterson Lane) were never intended or built to handle commercial
traffic. To date, the C/G zoning in the area has had direct access onto
State Highway 6/24. The Road and Bridge Department has noted that
future development plans may be required to make proportionate
improvements to these County Roads . Staff would like to clarify that
currently the County has no mechanism to collect commercial impact
fees . Staff recommends that the Board of County Commissioners may
want to review the Capital Improvement Plan to determine if the road
impact fees in the district need to be adjusted accordingly .
IV. SUGGESTED FINDINGS
1. That all applicable regulations regarding a Zone District Amendment have been
complied with including , but not limited to, Section 10 .00 of the Garfield County
Zoning Resolution of 1978, as amended .
7
. . • •
2. That the public 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 said meeting.
3. That the proposed zoning is in general compliance with surrounding land uses,
comprehensive plan, and zoning in Garfield County.
4. That the proposed zoning is in the best interests of the public health , safety and
welfare of citizens of Garfield County .
V. RECOMMENDATION
The Planning Commission recommended the Board of County Commissioners
APPROVE the application for a zone district amendment from A/I to C/G, and further
recommended the BOCC review and possibl y amend the Capital Improvement Plan, as
necessary.
8