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Home My WebLink About3.0 BOCC 06.05.2006Exhibits for Public Hearing held on June 5, 2006 — BOCC Rust Zone District Amendment 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 6-5-06 G Application for the Zone District Amendment No -Its g.. zo,)F" (7 -c- 6 12A s5�h BOCC 6-5-06 RW RUST ZONE DISTRICT AMENDMENT STAFF REPORT TO THE BOARD OF COUNTY COMMISSIONERS REQUEST: Rezone the subject property from Rural Limited Urban Density (RLUD) to Agricultural Residential Rural Density (ARRD) OWNER/APPLICANT: Brian and Taani Rust REPRESENTATIVE: Stuver, LeMoine & Clifton, PC GENERAL LOCATION OF PROPERTY: 335 Village Drive, Rifle, Colorado PROPERTY SIZE: 8.49 Acres PARCEL NUMBER: 2177-202-00-002 EXISTING ZONING: Rural Limited Urban Density (RLUD) SURROUNDING ZONING: Agricultural Rural Residential Density (ARRD) & Rural Limited Urban Density (RLUD) 357 Rust Residence RI O U TH The approximate location of the Rust property is shown on the map. The property is part of the Rifle Village South Subdivision, all zoned RLUD to the east and completely surrounding the subdivision is ARRD 1 1. REQUEST The applicant is requesting to rezone their property from RLUD to ARRD. The purpose of the rezone is to obtain zoning allowing an ADU — by special use permit. 2. CURRENT PROPERTY USE Currently there is one single family home on the property. The subject parcel is part of the Rifle Village South subdivision. The rather large parcel in this subdivision can not be further subdivided. Current subdivision regulations do not allow further subdivision of a lot that is part of a recorded subdivision. This leaves the current owner of the property with a lot that cannot be split into smaller lots -- as many of the Rifle Village South lots are. In order to have the ability to apply for a special use permit to allow an ADU the applicant is requesting to rezone to ARRD. The applicant is aware should the property be rezoned that is not a guarantee the Special Use Permit will be granted. Below is a copy of the assessor's map of the property and a most of the subdivision. .4 � fflf � am:. :� II a� 4 �� [[0t601. 6t1.T [C the r•.•44 � 1 1f L ti'Af�' 3I` s a0, yA 117 "i4 I i. °1 `r I iiir:.l Y'4 Rust Property 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. 2 1. The request is in substantial conformance to the Comprehensive Plan. STAFF COMMENTS: The applicant's request of a zone change to "ARRD" is in conformance to the Comprehensive Plan. The Comprehensive Plan designation for the subject property is "Subdivision". Subdivisions are allowed in the ARRD zone district. The subject property is part of a subdivision. The proposed district amendment to ARRD would not conflict with the minimum lot size or uses in that district. Staff feels this requirement for the zone district amendment is met. Below is a copy of the Comprehensive Plan Map Designation for the area - Subdivision. L71 Mixed Use Residential Commercial Light Industrial Puhtic Lands Open Spam Subdivision 2. The existing zoning is erroneous rui � Citr%!Toavn Airport Industria! Pari, WAY 2l fife Sphere of Influence c'aa"' Sift Urban Growth Boundary Rifle Annexation Boundary STAFF COMMENTS: The existing zoning may not be erroneous but current subdivision regulations do prohibit this property from being used to its highest and best use. 3. Changes in the condition of the neighborhood STAFF COMMENTS: It does not appear that changes in the neighborhood have been substantial for this consideration to be met. 3 4. USES ALLOWED IN THE SURROUNDING AND PROPOSED "ARRD" ZONE Uses, by right: Agricultural including farms, garden, greenhouse, nursery, orchard, ranch, small animal farm for production of poultry, fish, fur -bearing or other small animals and customary accessory uses including buildings for shelter or 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; Guiding and outfitting, and park; Single-family dwelling and customary accessory uses. (A. 86-09) 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 5.03.02. Pipeline (Subject to review and approval per procedure and requirements of Section 9.07) (Added 2005-53) Uses. conditional: Aircraft landing strip, church, community buildings, day nursery and school; group home for the elderly. (A. 97-60) Boarding or rooming houses, studio for conduct of arts and crafts, home occupation, water impoundments. (A. 86-09;87-108) Uses, special: Airport utility, feedlot as principal use of the lot, crematorium, agriculture -related business, resorts, kennel, riding stable, and veterinary clinic, shooting range facility(A.98-108); Two-family dwelling, camper park, ski lift and trails; broadcasting studio, communication facility, corrections facility, storage, storage of heavy equipment, golf course driving range, golf practice range and accessory facilities, commercial recreation facility/park;(A. 97-60; 97-112) Mass Transit Facility (added 2002-12) Public gatherings; storage of oil and gas drilling equipment; Site for extraction, processing, storage or material handling of natural resources; utility lines, utility substations; recreational support facilities and guest house. (A. 79-132; 80-64; 80-180; 80-313, 81-145; 81-263; 84-78; 86-9; 86-84; 86-106; 87-73; 99-025) Accessory dwelling unit meeting the standards in Section 5.03.02 for any lot not created after a public hearing or meeting after 7/95. Kennel Group Residential Facility for Children & Youth (Add 2004-62) 3.02.04 Minimum Lot Area: Two (2) acres; except as otherwise approved in a Cluster Option (2003-17) Maximum Lot Coverage: Fifteen percent (15%). Minimum Setback: (1) Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty (50) feet from front lot line, 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-five (25) feet from rear lot line; (3) Side yard: Ten (10) feet from side lot line, or one-half (1/2) the height of the principal building, whichever is greater. 4 Maximum Height of Buildings: Twenty-five (25) feet. Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regulations). 5. USES ALLOWED IN THE CURRENT "RLUD" ZONE Uses, by right: Single-family dwelling and customary accessory uses; including buildings for shelter or enclosure of animals or property accessory to use of the lot for single-family residential purposes and fences, hedges, gardens, walls and similar landscape features; park. Uses, conditional: Church, community building, day nursery and school; row house; home occupation; group home for the elderly (A97-60) Uses, special: Two-family dwelling, studio for conduct of arts and crafts, water impoundments, utility lines, utility substations, communication facility, corrections facility. (A. 81-145; 86-09; 97-60; 99-025) Mass Transit Facility (added 2002-12) Minimum Lot Area: Seven thousand five hundred (7,500) square feet and as further provided under Supplementary Regulations. Maximum Lot Coverage: Thirty-five percent (35%). Minimum Setback: (1) Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty (50) feet from front lot line, 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-five (25) feet from rear lot line; (3) Side yard: Ten (10) feet from side lot line or one-half (1/2) the height of the principal building, whichever is greater. Maximum Height of Buildings: Twenty-five (25) feet. Maximum Floor Area Ratio: 0.25/1.0 and as further provided under Supplementary Regulations. Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regulations). 6. STAFF COMMENTS AND RECOMMENDATION Although it appears the request is to "down zone" the property — in terms of minimum lot size, the requested ARRD zone district will provide the possibility for an ADU. Staff feels the request is in conformance to the Comprehensive Plan. The Comp. Plan Map designation for the area is subdivision. The subject parcel is part of a subdivision and the requested zone district also allows subdivision. There appear to be no conflicting issues relevant to the comprehensive plan. The property is on the east end of the subdivision and directly next to ARRD zoning. Aside from the subdivision all of the zoning is ARRD. Due to the location of the lot to ARRD zoning, it appears this request will be compatible to 5 the area. Staff is recommending the Board of County Commissioners approves the zone district amendment. 7. PLANNING COMMISSION RECOMMENDATION Based on the staff report and testimony given at the meeting, the Planning Commission unanimously recommended approval of the zone district amendment to the Board of County Commissioners. 8. SUGGESTED FINDINGS 1) That all applicable regulations regarding a zone district amendment have been complied with including, but not limited to §10.00 of the Garfield County Zoning Resolution of 1978, as amended. 2) That the request is in substantial conformance to the Comprehensive Plan to support the requested zone change from RLUD to ARRD. 3) That the proposed rezoning from RLUD to ARRD is in the best interests of the public health, safety and welfare of citizens of Garfield County. 6