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Home My WebLink About2.0 PC Staff Report 12.10.2014Planning Commission, December 10, 2014 Exhibits — Martinez and Strouse Zone Correction Exhibit Letter (A to Z) Exhibit A Public Hearing Notice Affidavit, with attachments B Garfield County 2013 Land Use and Development Code, as amended C Garfield County Comprehensive Plan 2030, as amended D Application E Staff Report F Staff Presentation G Email dated December 10, 2014 from Carol Alleman H I J K L M N 0 P Q R S T U twdz-ci r 2 S -r AC-G Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the day of , 2014. • All owners of record within a 200 foot radius of the subject parcel were identified as 7 shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] ■ Please attach proof of certified, return receipt requested mailed notice. • My application required Published notice. f� ✓ Notice was published on the 2� day of OGrob�R , 2014. ■ Please attach proof of publication in the Rifle Citizen Telegram. ▪ My application required Posting of Notice. / Notice was posted on the S" day of £ 'E �, 2014. ✓ Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. fk- I Name: Signature: Date: Ad Name: 10637445A Customer: Garfield County Building Your account number is: 1008693 PROOF OF PUBLICATION THE wfuz CITIZEN TELEGRAM STATE OF COLORADO, COUNTY OF GARFIELD I, Michael Bennett, do solemnly swear that I am Publisher of The Rifle Citizen Telegram, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 10/23/2014 and that the last publication of said notice was dated 10/23/2014 the issue of said newspaper. In witness whereof, I have here unto 10/24/2014. y hand this Michael Bennett, Publisher Publisher Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 10/24/2014. My Commission Expires 11101/2015 Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 PUBLIC NOTICE TAKE NOTICE that Taani Martinez and Steven and Gloria Strouse and Garfield County Community Development have applied to the Planning Com- mission and Board of County Commissioners, Gar- field County, State of Colorado, to request a Re- zoning: Map Amendment of the Garfield County 2013 Land Use and Development Code, as amended, in connection with the following de- scribed property situated in the County of Garfield, State of Colorado; to -wit: Legal Description Rifle Village South, Amended Filing 1, Block 10, Parcel 1 Rifle Village South, Amended Filing 1, Block 10, Parcel 2 Rifle Village South, Amended Filing 1, Block 10, Parcel 3 Rifle Village South, Amended Filing 1, Block 10, Parcel 4 Practical Description Southwest of the City of Ri- fle on Village Drive Request Description Zoning map incorrectly iden- tifies the property zoning as "Residential Urban", correction of map is necessary to accurately reflect the "Rural" zoning of the property; and to rezone former Block 8, Lots 29, 30 and 31 to rural as these lots have been incorporated into Block 10, Parcel 1. All persons affected by the proposed Zone District Amendment are invited to appear and state their views, endorsements or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, as the Planning Commission and Board of County Commissioners will give consideration to the comments of sur- rounding property owners and others affected in deciding whether to grant or deny the request for the land use request. This application may be re- viewed at the office of the Planning Department lo- cated at 108 8th Street, Suite 401, Garfield County Administration Building, Glenwood Springs, Colo- rado, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on the application has been scheduled for the Planning Commission on Wednesday. December 10. 2014, at 6.30 P.M., and the Board of County Commissioners on Monday December 15, 2014 at 1 p.m. in the County Commissioners Chambers, Garfield Coun- ty Plaza Building, Suite 100, 108 8th Street, Glen- wood Springs, Colorado. Planning Department Garfield County Published in the Citizen Telegram October 23, 2014. (10637445) rse for Instructions m .0 fU I1 u7 fU D Retum Receipt Fee D (Endorsement Required) Restricted Delivery Fee (Endorsement Required) CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit ourwebsite at www.usps.com® Postage Certified Fee D Ln Total Postage & Fees m 10/17/ Pamela Hesselberg & James Wilson 37 Remington St. Rifle, CO 81650 PS Form 3800, August 2006 m m fu -n ru D D D D u -f m r -R a D r - nJ t.rl m IU u-1 r1J O D D U.S. Postal ServjceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps comm f!I(VW t See Reverse for Instructions Postage Certified Fee (Endorsement Reecequi edFe) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees MOM MEI flan f 9 Postmark tithe 1,; ! ' • , Alleman Nicholas Campbell, LLC P.O. Box 1103 Minturn, CO 81645 PS Form 3800, August 2006 7011 3500 See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Mark Weathers 296 Village Dr. Rifle, CO 81650 PS Form 3800, August 2006 See Reverse for Instructions< D m IU In rU D D D 7011 3500 , 1-4 ru m -D ru .0 Ls) r1J D D D D tri m D rL Iu7 m -D ru -D -0 u -t rU D D D D D u-) m rR r1 D N CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees ,P7„; E v 19 Postmark dere Scott & Ariel Stricklan 15 Remington St. Rifle, CO 81650 U.S. Postal ServjceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Piceance Energy LLC c/o KE Andrews & Co 1900 Dalrock Rd. Rowlett, TX 75088 See Reverse for Instructions U.S. Postal Se_ rviceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only No Insurance Coverage Provided) For delivery information visit our website at www.usps.com®. Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Chantel & Seth Salisbury 245 Village Dr. Rifle, CO 81650 -n N -n m ni .J7 Lr1 ru D D D D D u-) m a a D 'T,inda Loy 16 Remington St. Rifle, CO 81650 M CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided), For delivery information visit our website at www.uspscom® Postage Certified Fee Retum Recelpt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees JSi 0 0 C, Postniark ere Qv' 0 10/1 PS Form 3800, August 2006 See Reverse for Instructions. D D- m ti -D nJ D D D Lf m r -R D N m a nJ Ji u -) f1J D D D 7011 3500 U.S. Postal ServjceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) delivery information visit our website at www.usps.com® Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Tamara & Benny Terry 412 Village Dr. Rifle, CO 81650 .tet, Il liiA U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ $,.49 /o Of9 MEWU Postmarjt' Hae' MEM $ $.3.7° Russel Backhouse P.O. Box 1483 Breckenridge, CO 80424 0g__a-....a...,.. g rawn.nr•_ _ _ Sx-a'.f-VIa�-Y:a[gwi.F_tirutMnu.tif D' m ru -D TM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® Postage Certified Fee nJ Retum Receipt Fee D (Endorsement Required) D D u -t Total Postage & Fees m Restricted Delivery Fee (Endorsement Required) 10.-r Stephen & Carolyn Campbell czi 330 Village Dr. Rifle, CO 81650 PS Form 3800, August 2006 m m —D fU —0 Ul rU D D D D D m a ra D N -D nJ u-1 ru D D D Lr) m r -a ra D N See Reverse tor Instructions. U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 10/17/2014 Federal Home Lone Mortgage Corporatior 5000 Plano Parkway Carllton, TX 75010 PS Form 3800, August 2006 See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only No Insurance Coverage Provided) For delivery information visit our website at"www.usps.com® Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 0 49 S' 19 Pottmark N Here Ellen & Michael Kuper 434 Village Dr. Rifle, CO 81650 PS Form 3800, August 2006 ,See Reverse for Instructions: —a ru 1.4-7 D D D D D m r -R . - • • erviceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees -ft 1 9 (.9 Postmark Here 10/ Russel Backhouse & Peter Clarke __ P.O. Box 1483 Breckenridge, CO 80424 PS Form 3800, August 2006 See ons 3500 0002 m m Lfl tr" ru U.S. Postal ServceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Diamond Resources P.O. Box 1054 Englewood, CO 80150 PS Form 3800, August 2006 See Reverse for Instructions •:./ Postmark Here U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mali Only; No Insurance Coverage Provided) For delivery information visit our website at www.usPS.00m® Postage Certified Fee rR D Return Receipt Fee D (Endorsement Required) Postmark Here P Garfield County 11 111111111111 Community Developme 108 8th Street, Suite 4 Glenwood Springs, CO 81 E 7 012 0470 0001 i/0 J 1.19S f. 5 i;//- yv i lenoDoc-qmir Jar V 11 Not i Notice u 1 1 1249 5533 —Glenn & Eva Zastrow 330 McCarron Ave. Rifle, CO 81650 NIXIE UNITED STATES POSTAL SERVICE 1000 11 l 81650 ni PAID_... GLENWOOD SPRING,Ci 81601 OCT 17.'19 AMOUNT 00083811-19. RECEIPT 802 CE ]. S610/22/14 RETURN TO SENDER ATTEMPTED - NOT KNOWN 1J i'rnaBLE TO FO...iWARD CERTIFIED MAILTM Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 1 1 1 1 N IN 11 11 1 7011 3500 0002 5662 6451 Diamond Resources P.O. Box 1054 Englewood, CO 80150 iD1-211 : 3 . *1 774-6jRAA01-1 7-47 VN�TEDsreTE5111111111 POSTAL SERVICE ---. 1000 "UV 0 IV l 80150 • PAID GLENWOOD GLENWOOD SPRING, Ci 81601 OCT 17.'19 AMOUNT $3.79 0 0 0838 1 1-4„- 1i j0is7k NIXIE 80`2- PE 1009 0010/3.i/24- RE•TURN TO SENDER NOT DELIVERABLE AS ADDRESSED! UNABLE TO FORWARD R C"! R1 gel R35544 *1 774-d3Rgel--! 7-47 "1111.111115.[i,$14i1ii 1s011- 1111"11113 :`141111411101e=95 Garfield County Community Developmei 108 8th Street, Suite 4 Glenwood Springs, CO 816 Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 st Nonce ri Notice 1 111 1 1 11 1 1 7011 3500 0002 5662 6444 10 - UNITED STATES POSTAL SERVICE Russel Backhouse & Peter Clarke P.O. Box 1483 Breckenridge, CO 80424 .9.4i4t ,.404- : SE 1 1 11 1000 80424 1 11 PAID GLENWOOD SPRING.CC 81601 OCT 17,'14 AMOUNT $3.79 00083811-19 �KENF/Z\ /bb X01 4-9 cb "�J r NIXIE 802- FE .1809 0011./07/.14 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED 1111 ral F Tjt 7 CI Wt R f {G -s h 1 *4143 'imoi i 7 4ics it tz.S3f --'i t - 43- \\3!\!\2\t5143 3- tilttj�Il�iillij,►ij�iajr�t��i��jti9,tii�t�11111�ilittlilr��ll 1 �In IIIIIIWIUIIININ�I IIII�II� ,=oo 000= ,eez 6�,3 Russel Backhouse P.O. Box 1483 Breckenridge, CO 80424 UNITED STATES POSTAL SERVICE 1000 80429 ENR; 0 en 0 GLENWOODASPRING. Ci 81601 OCT 17,'14 AMOUNT $3.79 00083811-19 zl NIXIE 802'FE 1.009 001..1/0'7./14- 1 RETURN TO SENDER ! NOT DELIVERABLE AS ADDRESSED AIN AR F rrt 7 et TR_ f tt rs� c4:..t5P.kPt11titilltiiiiiiilltijtilpjl4i"iiliili11Iiti111ii�tiltlit 1I Planning Commission December 10, 2014 Martinez & Strouse - ZDAA8092 PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) LOCATION ACRES EXISTING ZONING CORRECTED ZONING Zone District Amendment — Correction to the Official Zone District Map Garfield County Community Development on behalf of Taani Martinez and Steven and Gloria Strouse Rifle Village South, Block 10, Parcels 1, 2, 3, and 4 8.953 -acres (8.49 acres to be corrected and .463 - acres to be added to Rural Zone) Residential Urban Rural I. DESCRIPTION OF THE PROPOSAL The Official Zone District Map of Garfield County was found to contain errors on several properties within the Rifle Village South subdivision. The subdivision is zoned as Residential Urban (RU) however these four properties were subject to a zone change in 2006 which was approved by the Board of County Commissioners (BOCC) in Resolution 2006-69. This resolution, included in the application materials, approved a zone change from RU to Rural for an 8.49 -acre parcel of land within the subdivision. Subsequent applications have been submitted to the County: 1. Request for an Accessory Dwelling Unit on the 8.49 -acre parcel that was approved by Resolution 2006-84 and a Special Use Permit recorded at Reception No. 706368. At the time, an ADU was only possible on a parcel of land within the Rural (A/R/R/D) Zone District. A companion file for a Floodplain Development Permit was also approved to construct the ADU within a delineated floodplain. 2. A 2010 application was approved to allow for the reconfiguration of parcels within the subdivision. This plat created parcels 1, 2, 3 and 4 as they exist today which included incorporation of Block 8, Lots 29, 30 and 31 into the Parcel 1. These lots comprise the difference (.463 -acres) in acreage form the original zone change in 2006 to that which is requested to be rezoned today. Planning Commission December 10, 2014 Martinez & Strouse - ZDAA8092 AMENDED PLAT RIFLE VILLAGE SOUTH, PILING NO. 1, PARCEL B, AND LOTS 29, 30 AND 31. BLOCK 8 A PARCEL OF LAND SITUATED IN THE NEI/4NNI/4 SEC. 20. T.85.. R.93W.. OF THE 8TH P.M. COUNTY OF GARFIELD. STATE OF COLORADO. OMISIMILIONOOLIAM.= av11114xaresmcmfss 2="""•••• •-- MEP Are - 757 x: it 7311 ciandCec.0 44, r•, 17.77, �,4.4.,y A- prs-vimssmswes+at.r- 2 far: —1113ialgrzgriaiLl-tvoirl- .I II. ADJACENT USES The subject site is currently utilized for residential purposes with a potential zoning violation occurring for a Storage/Contractor Yard on parcels 1 and 4. Adjacent uses include residential, ski lake, agriculture and mineral extraction activities. Adjacent zoning is Residential Urban within the Rifle Village South subdivision, with a majority of the surrounding properties zoned Rural. The City of Rifle is to the north and Public Lands to the south, as shown on the map, right. III. APPLICABLE REGULATIONS 111 1 1111111 1 111111111 1111 11 The 2013 Land Use and Development Code, as amended (LUDC) contains regulations regarding rezoning of property within the County in Section 4-113. Though this action is a correction to the Official Zone District Map a request for a rezoning must be reviewed by the Planning Commission and Board of County Commissioners. 2 Planning Commission December 10, 2014 Martinez & Strouse - ZDAA8092 4-113. REZONING. A. Overview. 1. Applications for rezoning shall be reviewed and a recommendation made by the Planning Commission, and decided by the BOCC. 2. Rezoning may be initiated by the BOCC, the Planning Commission, the Director, or the owner of the subject property. 3. The rezoning request may be processed concurrently with a Land Use Change application and review process. B. Review Process. Applications for rezoning shall be processed according to Table 4-102, Common Review Procedures and Required Notice. C. Review Criteria. An application for rezoning shall demonstrate with substantial evidence that an error exists in the Official Zone District Map, or meet the following criteria: 1. The proposed rezoning would result in a logical and orderly development pattern and would not constitute spot zoning; 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; 3. 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. IV. STAFF ANALYSIS SIM MN re! Additional .463 - acres to be rezoned rasa — ar MO MAW 1.1.111111 /WAR An official zoning map is one that is approved and signed by the Board of County Commissioners and no change may occur to that map outside of the rezoning process. Staff has identified several parcels that require a map correction and therefore the rezoning action to correct the map. This application is also seeking to rezone .463 -acres of area formerly known as Block 8, Lots 29, 30 and 31. This area had been incorporated into Parcel 1 in an amended plat process approved in 2010. The addition of this area to the rezoning meets the suggested findings for a rezone. Planning Commission December 10, 2014 Martinez & Strouse - ZDAA8092 V. 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 extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the request to rezone the property is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. 5. That the application is in general conformance with Garfield County Comprehensive Plan 2030. VI. STAFF RECOMMENDATION The proposed correction of the Official Zoning Map of Garfield County satisfies the required regulatory requirements therefore Staff recommends that the Planning Commission adopt the suggested findings and recommend that the Board of County Commissioners approve the request. 41 From: Carol Alleman To: Kathv A. Eastlev Subject: zoning application Date: Wednesday, December 10, 2014 9:16:36 AM Good morning Kathy, This email is to verify that the planning and zoning meeting being held this evening, 12/10/14, is for the purpose of correcting the zoning map error related to a prior rezoning of the Strouse/Rust/Martinez property and is not about the land use issues currently occurring that are of concern to us. Thank you, Carol Alleman