HomeMy WebLinkAbout4.0 Staff Report 6.18.07BOCC Continued 06/18/2007 CH
Peak Visions Development lncorporated
Zone District Amendment
REQUEST
APPLICANT / OWNER
REPRESENTIATIVE
LOCATION
SITE DATA
EXISTING ZONING
ADJACENT ZONING
COMPREHENSIVE PLAN
PLANNING COMMISSION
RECCOMMENDATION
STAFF RECOMMENDATION
Rezone from Agricultural lndustrial to
Commercial General
Albert Stark and J. Bruce Snode
Stephen lsom, lsom and Associates
Located near the Town of Silt, west of 13th
Street, nofih of l-70, south of railroad ROW
8.95 acres
Agricultural lndustrial
Agricultural lndustrial, Commercial General,
City/Town
Commercial
Approval
Approval
BOCC Continued 06/1812OO7 CR
I REOUEST
The Applicants request that the Board of County Commissioners (the Board) rezone the
subject property from Agricultural lndustrial to Commercial General. The Applicants
believe the requested rezoning is warranted due to the location and character of the area.
Four (4) contiguous parcels located to the north of the subject propefty located within
Garfield County are zoned Commercial General. The Planning Commission
unanimously approved an amendment to the Gar{ield County Comprehensive Plan
designating the subject property Commercial (from Outlying Residential) consistent with
the existing designation of adjacent parcels.
The subject parcel is adjacent to the Town of Silt and is designated
Agriculture/Conservation in its Comprehensive Plan. Staff addressed this issue with the
Applicants during a pre-application meeting. The Applicants have represented that a
meeting with the Town of Silt concluded with the request to reserve a poftion of the
property for mixed development for possible future annexation into the Town. Staff
referred the application to the Town no comments were provided.
II PROPERTY DESCRIPTION
The 8.95 acre properly is situated between l-70 and the Union Pacific right-of-way.
Currently, the property is used for agricultural grazing (single horse observed on-site) and
is relatively flat. No improvements are located on the property'
III REZONING . AGRICULTURAUINDUSTRIAL TO COMMERCIAL GENERL
Standards established by the Colorado Revised Statutes require that the Applicant
demonstrate the following
1. That an error was made in establishing the current zoning' or
2. That there has been a change in the condition of the neighborhood that suppotts
the requested zone change.
Error in Zoninq
The parcel was zoned Al in the early 1970's, consistent with the predominant uses found
in the area at that time. Staff finds that the property was not zoned in error.
Chanoe in Conditions of the Neiqhborhood
The Applicant believes that the current uses on adjacent properties result in a change of
the character of the neighborhood justifying their request to rezone the propefty to match
that of adjacent properly's to the nofth.
Staff Findinq
The subject proper.ty is contiguous to four (4) parcels zoned Commercial General. The
Applicants request to rezone the subject properly is consistent with the established
character of the neighborhood. lt is represented that the Applicant intends to construct
"Mini-Storage Units" on the subject properly if the requested rezone is approved. Mini-
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BOCC Continued 06/1812007 CR
Storage is contemplated as a use-by-right in the Commercial General Zone District and is
defined in the Gartield County Zoning Resolution of 1978, as amended:
Iv 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 and that all interested parlies were heard at that meeting;
3.) That all applicable regulations regarding a zone district amendment have been
complied with including, but not limited to, Section 10.00 of the Gadield County
Zoning Resolution of 1978, as amended;
4.) That the conditions of the neighborhood have changed to such a degree to
support the requested zone change from Al to CG;
V PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended the Board of County Commissioners rezone the
property from Agricultural lndustrial to Commercial General finding that conditions of the
neighborhood have changed to such a degree to supporl the requested zone change.
vI STAFF RECOMMENDATION FOR ZONE DISTRICT AMENDMENT REQUEST
With all of the above factors taken into consideration, Staff recommends approval of the
application for rezoning the subject property from Al to CG finding that there has been a
change significant enough in the conditions of the neighborhood that suppotts the
requested zone change.
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