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HomeMy WebLinkAbout2.0 Staff report PC 12.11.2013Planning Commission December 11, 2013 ZDAA -7737 PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) REPRESENTATIVE LOCATION ZONING COMPREHENSIVE PLAN DESIGNATION Rezone Board of County Commissioners Tamra Allen, Planning Manager Travelers Highlands Subdivision and adjacent 5 acres owned by John Strong Rural /Commercial Limited Residential- Medium High /Industrial I. DESCRIPTION OF THE PROPOSAL On September 16, 2013, the Directors of the Public Improvement District met to discuss the potential rezone of the Travelers Highlands Subdivision from Commercial Limited to Industrial. The PID had completed a public meeting notice whereby they had mailed information about the rezone to all property owners with the Subdivision as well as those within 200 feet and those within the adjacent Strong PUD. Several property owners attended the meeting and all owners that were present supported the rezone initiative. At a second meeting held on October 7, 2013, the PID Directors recommended that the BOCC initiate a rezone of the Subdivision. The BOCC met on October 14, at which time they unanimously approved a motion to initiate the rezone of the Travelers Highlands Subdivision. Upon the request of the adjacent property owner, John Strong, the BOCC also included the 5 acres directly west of the Subdivision as part of the rezone request. II. ADJACENT USES Travelers Highlands is positioned south of Interstate 1 -70 and north of State Highway 6 &24. Surrounding zoning designations are predominately Rural, but also has Public Lands, Resource Lands and PUD in close proximity. Most established uses in the vicinity are light industrial. III. APPLICABLE REGULATIONS Pursuant to Section 4 -113, Rezone, of the Land Use and Development Code, an application shall demonstrate the following: 1. The proposed rezoning would result in a logical and orderly development pattern and would not constitute spot zoning; Staff Comment: Though there is no proximate area that is zoned Industrial, the rezone would be logical and orderly based on the existing uses within the Subdivision and nearby. In general, these uses are consistent with those uses provided for and allowed within the Industrial Zone district consistent with 3 -403, Use Table. Planning Commission December 11, 2013 ZDAA -7737 2. The area to which the proposed rezoning would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area; Staff Comment: This area is predominately used for industrial activity and no longer meets the intent of the Commercial Limited zone district, as established in section 3 -101, Purpose. This area has largely become an area for storage, contractor and light industrial type uses. 3. The proposed rezoning addresses a demonstrated community need with respect to facilities, services, or housing; and Staff Comment: The rezone addresses a need that was recognized in the Comprehensive Plan, which is the need for more industrially zoned lands. 4. The proposed rezoning is in general conformance with the Comprehensive Plan and in compliance with any applicable intergovernmental agreement. Staff Comment: The County's adopted Comprehensive Plan 2030 and associated Future Land Use Map (FLUM) designates this area as Industrial and a Rural Employment Center. The FLUM does not specifically designate the adjacent 5 acres of Strong property within the Industrial category, but it would be appropriate to include this property within the Employment Center and provide for industrial uses on this property. z I P a g e Planning Commission December 11, 2013 ZDAA -7737 IV. REFFERAL AGENCY COMMENTS Because this subject rezone is outside of the 3 mile area of influence of any municipality, a referral request was not provided to any outside adjacency. V. STAFF ANALYSIS Analysis of the rezone should include review of the criteria as included in section III o f this staff report (above). Additional issues to consider are outlined below. 1. ESTABLISHMENT OF ZONE DISTRICTS Pursuant to section 3 -101 of the LUDC, each zone district was formed for specific purposes as provided: Commercial, Limited (CL). The Limited Commercial Zone District provides for a limited range of commercial uses needed to meet the shopping needs of residents in the adjacent neighborhoods. Businesses are to be oriented to the neighborhood and compatible with surrounding residential uses. Industrial (I). The Industrial Zone District provides appropriate areas for industrial businesses in locations where conflicts with residential, commercial, and other land uses can be minimized. Staff Comment: Based on the existing uses within these areas, staff believes that the purpose of the Industrial Zone District, as established in Section 3 -101 of the LUDC, is more consistent with the existing uses than that that of the Commercial Limited zone district. 2. DIMENSIONAL STANDARDS The dimensional standards for each zone district are different in that the CL zone district has a minimum lot size of 7,500 square feet and the Industrial zone district has a minimum lot size of 21,780 square feet. In addition, the maximum lot coverage within the Industrial zone district is 75 %, while the Commercial has maximum lot coverage of 75% for non - commercial uses and 85% for commercial use types. The remaining elements in the Zone District Dimensions Table 3 -201 are similar. Table 3 -201: Zone District Dimensions (extracted portions) Legend R= Residential NR= Nonresidential C= Commercial NC= Noncommercial Zone District Lot Size Minimum Lot Areal Maximum Lot Coverage ( %) Maximum Floor Area Ratio Setbacks (feet) Front Arterial Local Rear Side Height (feet) 3,4,5 Commercial — Limited CL 7,500 s.f. NC: 75 C: 85 050/1.0 50 25 R: 25 10 C: 7.5 40 Commercial - General CG 7,500 s.f. NC: 75 C: 85 050/1.0 50 25 R: 25 C: 7.5 10 40 Industrial 21,780 s.f. 75 N/A 50 25 25 10 40 3 I P a g e Planning Commission December 11, 2013 ZDAA -7737 The smallest lots in Traveler's Highlands are 50x100 (5,000 sq.ft.) and some of the other common lot sizes in the subdivision are 5x200 (10,000 sq. ft.), 100x100 (10,000 sq.ft.), and 600x100 (60,000sq.ft.). Many of the lots are currently below both the minimum lot size for the CL and 1 zone districts and a rough count indicates at least 45 of the lots are below the minimum lot size of 7,500 for the CL zone district. Staff Comment: Though a majority of the lots within Travelers Highlands Subdivision do not meet the minimum lot size of the Industrial Zone category dimensions, many of them also fail to meet the minimum standards for the Commercial Limited zone district for which they are currently zoned. These lot sizes would be considered legal non - conforming lots and would not preclude future use of these lots. 3. EXISTING USES Staff completed a site visit on September 5, 2013 and found there to be 22 buildings on sites with uses that appeared to fit into the County's Use Descriptions, as shown in the Use Table 3 -403. include the following list of uses. Staff has attached pictures of the uses within the Subdivision as an attachment to this staff report. Commercial Use Category • Retail, General (pond and pit liners) • Professional Office (Ferguson - Beauregard, inc and unsigned facility) Industrial Use Category • Storage • Storage, Hazardous Materials (Baker Hughes) • Material Handling • Contractor's Yard, Small (reveg material) • Recycling Collection Center Staff Comment: Should the Subdivision be rezoned, the following existing use as highlighted in red would be deemed a legal non - conforming uses. This would mean that the use could not be enlarged, expanded, extended or altered. Because the LUDC allows for this use, so long as it is permitted through a Major Impact Review, should the owner want to expand or otherwise alter the use, the owner would have the option of seeking a land use change permit. • Storage, Hazardous Materials (allowed with MIR in both) 4. USE TABLE Of the 128 different types of uses, 35 of the specific use types are regulated differently between the Commercial Limited and Industrial zone districts. In general, • Agricultural Uses are allowed more frequently allowed in the Industrial zone district with a lesser level of review • Residential Uses are allowed in the Commercial Limited district and either prohibited, or when different, require a higher level of review in the Industrial district • Public /Institutional Uses are allowed more frequently in the Commercial Limited district and some uses are prohibited in the Industrial district • Commercial Uses are regulated the same excluding recreational use types and Visitor Accommodations W a g e Planning Commission December 11, 2013 ZDAA -7737 • Industrial Uses are more frequently prohibited in the Commercial Limited district or require a higher level of review • Utility Uses are generally regulated the same, excluding water reservoirs (prohibited) and Wind Energy Systems, Small that require a Limited Impact Review in the Commercial Limited district • Accessory Uses and Structures are regulated the same Staff Comment: A copy of the Use Table has been attached and those uses that require a different level of review between the Commercial Limited and the Industrial zone district have been highlighted in dark orange. VI. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Planning Commission. 2. That the hearing before the Planning Commission was complete and that all interested parties were heard at that meeting. 3. The proposed rezoning would meet all required criteria for a rezone pursuant to section 4 -113 of the Land Use and Development Code, including the following: a. It would result in a logical and orderly development pattern and would not constitute spot zoning; b. The area to which the proposed rezoning would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area; c. The proposed rezoning addresses a demonstrated community need with respect to facilities, services, or housing; and d. The proposed rezoning is in general conformance with the Comprehensive Plan and in compliance with any applicable intergovernmental agreement. VII. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend approval of this application upon the finding that the request for rezone to the Industrial Zone District has met the criteria for a rezone as required in Section 4 -113 of the Land Use and Development Code. s I P a g e Planning Commission December 11, 2013 Travelers Highlands & Strong Rezone Request Applicant: Board of County Commissioners Representative: Tamra Allen, Planning Manager Request: Rezone to Industrial Zone District Current Zoning: Rural /Commercial Limited Comprehensive Plan: Residential M -H, Industrial Location and Adjacent Uses Existing Zoning Comprehensive Plan Designation Land Use Code Criteria 4 -113 The proposed rezoning would result in a logical and orderly development pattern and would not constitute spot zoning; The area to which the proposed rezoning would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area; The proposed rezoning addresses a demonstrated community need with respect to facilities, services, or housing; and The proposed rezoning is in general conformance with the Comprehensive Plan and in compliance with any applicable intergovernmental agreement. Additional StaffAnalysis Establishment of zone districts Dimensional standards Existing uses Use table Staff Recommendation The proposed rezoning would meet all required criteria for a rezone pursuant to section 4 -113 of the Land Use and Development Code, including the following: It would result in a logical and orderly development pattern and would not constitute spot zoning; The area to which the proposed rezoning would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area; The proposed rezoning addresses a demonstrated community need with respect to facilities, services, or housing; and The proposed rezoning is in general conformance with the Comprehensive Plan and in compliance with any applicable intergovernmental agreement. Use Table 3-403 3403, USE TABLE. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3 -t AV By Right IV Adminrstratrve Table 3 -403: Use Table Review AJ Limited Impact Review NA Mayor Impact Review Use Category Use Type Residential Nat.res dential D�istriclS Resource Lan di Zone D � less exempted, all s must 1001 co°°P�Y Article 7 Standards udng Use�pecif•c Sland s- R �---�-M----NM RS HP C L CG I PL P E TS G S AGRICULTLtRAL AND /U AL- RELATER USES General Agrir ituxe Building or Structure Necessary to •neultiral Operations, Access•• P P P P P P P P F P F P EXEMPT EXEMPT Forestry Og_S e P A P L P © L P P P P F P P P F P P EXEMPT Prcaxts Process, Stange Dislnhucon ano Sale At Point of Production P P P P P P P P P P EXEMPT Animals and Related Services Animal Sanctuary r � P M M M M P P ■- 7 -+;0 I 7-602 L A F L - L 7 -603 L AP L .- L 7-603 Riding Stable F F �---� F F P — _ A l-- L L A '��-- L 7 -604 RESIDENTIAL USES Household L i m i n g i ,. Single -Un 9 [per legal rat) P A P' AA P P AA P P A P P P P Dwelling, Muni -Unit L© A L LL LP -��- Dwelling Unit, Acses=_.Try A A A A A A P A A A 7 -701 Office Ill M M A Id P ---- 7 -703 Home pf sg _s F P I P P P P P P P P P P 7 -702 GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 3 -t ! .... ..... .3. Ell = o .P■cl ,-; ji 5 __ and ,3pe,^: Space o E. Ed t) L • . . . L' 0 ril —C3 ' = n . a l' = re A:* ft Landing Strip X q En 5 CCI 1 a M Etn€ envy Sheller Fire Station .a 0 Ea I 0 O r—i !'' T 3 Child Care Conte= Aa:ult Day Care a.. 4.- , a. C R L brar r 0 CO ..."..... 3 Lployee Housing Fa ili'ty. Small Employee Housing Facility, Minor Wi C ea -n N Jo 9.4 1 — C g r -r, 71 xi Mi .c I Fi 5- —I T k it 13 ›I i: I— -0 )a. > /- Irkik x -n > ....: -n 61 — I4W a ' f! -ri 71 - Et I F — I— -0 FOB-L V L 7 -804 P , -, 2•I .y 2-.1 2, th r- " 0151V:971 kV" 0 .T114 Right 1AIA:lmhitietraTive Table 3 -403: Use Review N Limited Table fmpaer Nonresidential Review a F Altlitajor I F P F Impact Review Use Category Use Type i Residential [1sdr 4A Resource Land Distends Uadess. exempted, all uses must cumrply With Article 7' Standards offing Use-Specific Standards PP PS R� PP RM HP RL P P FL E P RL TS P -- RL 13S P Ascaaft, Utrrad,ght Operatcn 7-801 Ao-port M ---- F ---- 7-803 Heliport M M M L L L M L L LP M PM M 7 -803 Hetrstop Mass Transit Faclity M M M M M L M I I L P I P r1 M 7 -802 Park anc Ride Facility LL L L A A A F 4 A A. Trail, Trai2read, Road P P P F P PP PP P P P C00411ERCLAL USES - ------------ Office 8roadoasting Studio L --- AA AF ---- 7 -901 Professional Office L -.- P A P P A P L L Professional Office. Temporary A A. 4 A A P A A A 4 ReraiIMbolesale Bakery ---- P ® P P ---- Ccnven woe Store L M M M A A A F ---- Nurseryareenhayse A .4 A P P P F --- P 7 -902 Dp c i,al Premises CI:th t ,n Operation ---- M M M ----- 7 -90' Retail. G e n e r a l A A 4 A F P P F ---- Retail Equipment, Mach eery, L„rrter ■■■■ P P P F P P F ` P Retail, Vehicle and Equipment Sales h -.- P L A P P L AF F -.-. ?ilk Sags ar LPG and CNG Colt CoursefDhving Range A A L A L L L A, Recreation and Erotertiinment �---- P P AP ---- Moroi-Sports Center h' --- M M M F L -- L 1P/ By Rink 1Al" Administrative Table Review 3443: Ube 11J Limited Table impact Review .Miff Major lnrpacrReview Else Category Use Type Residential Distri--'s Nonresidential Districts s R sartIrce Znnse Dishicts Land Unless exempted. all tines must comply with .. Article T 5'_d_..._ urting Use-Specific Standards. R RS RU FtM HP CL C13 l PL RL P RL E ILL TS RL GS P.e:reai:rr Inee.- L M M M P P A P ----� Recreation Ch2tacor , L M M M M M L LL 1 L L &muting Gallery+Ra: Crernasor:um L M M M M M L P M L L LP L M M M M MEM- =n.zes Eat .19 or Drinking Estahl^shment L L L L F P P A -- A nerai Service Establishment L --- P F° PP ---- ,_aundramat A L L L P F PP ---- Laundry orDry -C aning PIanT ---- L L LP ---- %.1ortuary M --- L L LP ---- Vehicles arse Equ�rneet Car kA' aim- . M -.- A 7 i A A Park ^g Lot or Par, rig Garage L L _ L A A P ---- Repaar, Bods};Pa - t Y Upholstery S'hnz . A -�- P P P P ---� V i i s i t a r Accammrddation Park M --- M M L L L M 7 -905 i ' ¢ : . L L L L P P L PA A INDUSTRIAL LliS 73C: ° PUMP Statiurl Aut L A L r. .R P. .A L A A P F' L. P L P L F L P 7 -1001 Compressor, Rooster M ----- ML L 1 L L 7_1001.7-1002 '.----- L L L . L L L 7 -1001 7 -1003 HydraulcFracturing, Remote Surface Facility F P P F P F P P F P F Ez:E`.1PT P P A ---- P P P P P P 7 -10 01 "1�---- P P P F F P 7 -1001 Injection Wel, Large L L ----- FP P F P 7- l 0 0" W LA 61 N Pd W p g . 1% I., p ry 7 2 ��yy fi c i'i *4 2ewage Treatment Facility iHlflfl1I Lr cr. . w n = ,l W a0 Caboet Mak Wood and rking, -g. MaOl-ining IV w . Vehide afe• 1 ry ill Frocessmg Processing, AcceS5C'y 'Barth Pla-a; 4 J 0 q as ! (a7 r� m ? _. is 7 * r 7. ? r r 7 r r r D r> $ r r r? D r r r r— T1 r$ m m m r m f 7 r 1 -0 -0 r il E 71 r ° L -4 mil r -7 35 r r r -n 71 r 1 r-0 r r M -0 -0 m 3 m 3to 3 r r r z1 -0 r r r b 3 r r r m r- X. X. X. b r X. Resource Land Zone Dishic113 A r > L 7-1001r 7-1005 li C. o� 7 '+1 0 -J 0 0 P. Ili E r 0 C. b 0 o b r 0 o 0 0 > C. o g r 0 0 r r 0 o C. cs m p , 0 o l> 0 0 �a o� b r 0 0 0 > 0 0 121 0 0 Taleco -nr rjndait of Fic lY ea 100 Pact or lees n Moat ore Ely Roprt mew. A For_iIky ever 3r=O reek efre.. 6eeuEject tome mirtiI ien Review- 'Pr ByRiglit /NAttmimsscrativeReview Table 3-403:Use Table AL/Limited ImpactReviiew lf Major Impact Review Use Category Residential Nonresidential Districts- Resource Land Unless exempted. all uses must comply with Aitide 7 Standards inclurfing Use -Specific Standards R RM RS RLJ CL HP CG 1 PL RL P RL E RL TS RL GS Saki Wade pawl .aiCr 3n_ -3C . -arty M ----- M P M M Q.11,.. 2Mid `ah'aste TranVer =,ac;lty° M ■■■ L L LP !.1 ■. M 7 -1001 Water impoundment L .■■■. LP LL LL 7-1001 UT1U1 IES ®.■■■....■.■ ECIIIC F.w�er Ge- eration F,a:.ility. S, nra 1 L L A AP P AL LA Elettnc Payee! Ge ration Facility, Large L ------ L L L L L nes, 0Itribution PP P P P P P P P P P P L nes, Trainsmi5son L L L L L A P L L L L L LL Pcellne Solar Energy System, Accessory A PP A AA P P A AP P P P A P A P A P A P 9- °104 7-1101 Solar Energy Systc -m, 2,111-3c1 A A AA P P P P P P P' P 7-1101 Solar Energy System , Large F A M M M L L L L L L L L 7-110; 2..bs1atioi Neig corlrooct P P P P P P P P P P P P &bslatiai. Utility L L L L L L P L LP LL LL Teleeomrunioat Facility L It lit!,. E s-ibucon Facility L PP L L PP L L L P P Pip,' PiA F A` PP PiA` 7 -1102 Water Rimentiiiir P ----- L P A -- A 7-1103 Ostler T a-k or Trtmnen1 Facility L L L L L L L F L L L L i'S' --:, Ena•- ' 3 stem, Corr ri = M M M L P F.1 -- M L L 1 LPP ACCESSORY (USES AidDli c._1 Building c r : - uc:ure..A.xes= -D-, Fence. Hedge or Wa11 F F P P P P F P P P F P P P P P P P F P P P 7 -120' 7 -1201 Taleco -nr rjndait of Fic lY ea 100 Pact or lees n Moat ore Ely Roprt mew. A For_iIky ever 3r=O reek efre.. 6eeuEject tome mirtiI ien Review-