HomeMy WebLinkAbout2.0 PC Staff Report 04.09.1986REQUEST:
• .
PC 4/9/86
PROJECT INFORMATION AND STAFF COMMENTS
Modification of the Apple Tree PUD
Zoning Text/Expansion of the
existing mobile home park.
APPLICANT: Talbott Enterprises, Inc.
I. DESCRIPTION OF THE PROPOSAL
It is proposed to add the following language to the zoning text of the
Apple Tree PUD, approved by Resolution No. 79-49:
Add to Tract B, Commercial District;
7. Mobile Home Park in accordance with Mobile Home Park
regulations from time to time adopted by the Board of County
Commissioners of Garfield County.
8. Light manufacturing, assembly or shipping operations which
are performed wholly indoors and are non-polluting.
It is also requested that the limitation of 285 mobile homes contained
in Resolution No. 77-56 be increased to 300 mobile homes.
Also included in the application is a site plan for an additional 10
mobile home spaces to be added in an area within the Tract B,
Commercial District. The area is presently a vacant field, that could
be developed for commercial purposes. The spaces would be served by
the existing water and sewer systems.
History: The area was zoned PUD in 1977 to accommodate a proposed 107
unit mobile home expansion and commercial area, through Resolution No.
77-56. The 107 unit expansion was cut back to 85 spaces. The PUD was
modified in 1979 to clarify the uses and districts within the PUD, in
Resolution No. 79-49. Resolution No. 80-181, modified the PUD text to
allow a day care center, and/or pre-school, as a special use. In
1981, additional commercial uses were added by Resolution No. 81-32.
In 1982, the PUD was modified by Resolution No. 82-76, to add camper
park as a special use.
II. MAJOR ISSUES AND CONCERNS
A. Zoning - To modify a PUD, the following criteria must addressed:
(1) No modification, removal, or release of the provisions of
the Plan by the County shall affect the rights of the
residents, occupants and owners of the PUD to maintain and
enforce those provisions at law or in equity; and
(2) No substantial modifications, removal, or release of the
provisions of the Plan by the County shall be permitted
except upon a finding by the County, following a public
hearing called and held in accordance with the provisions of
C.R.S. 1973, 24-67-104, that the modification, removal, or
release is consistent with the efficient development and
preservation of the entire PUD, does not affect in a
substantially adverse manner either the enjoyment of land
abutting upon or across a street from the PUD, or the public
interest, and is not granted solely to confer a special
benefit upon any person.
• •
Both criteria can be addressed as follows:
(1) The proposed PUD modification will not affect the rights of
occupants of the PUD to maintain and enforce those
provisions at law since the changes to text will be enforced
by the County if there is a complaint.
(2) The proposed change would be consistent with the efficient
development and preservation of the entire PUD. The
proposed uses to be added should not have an adverse affect
on the property owners across the street or abutting the
property since there are mobile homes existing within the
PUD, and the proposed light industrial uses will be carried
on entirely indoors and be non-polluting.
B. Staff Comments
1. The application includes a proposed plan for the addition of
10 spaces to the mobile home park. (See pages, 9--M ) The
present mobile home regulations require that the Planning
Commission review the application. The proposal meets the
basic requirements of mobile home park standards contained
in Section 5.02 of the County Zoning Resolution.
2. Since the mobile home park expansion is a separate issue, it
will be necessary to have two motions. The first motion
will need to deal with the issues of the PUD zoning text
change. The next motion would be the recommendation related
to the mobile home park expansion.
III.SUGGESTED FINDINGS - PUD Only
1. That an application for a PUD zoning text amendment has been
filed in accordance with Section 10.00 of the Garfield
County Zoning Resolution of 1978, as amended;
2. That the modification of the PUD zoning text will not affect
the rights of residents and occupants of the PUD to maintain
and enforce the provisions at law or in equity;
3. That the proposed modification will not affect in a
substantially adverse manner, either the enjoyment of land
abutting upon or across the street from the PUD, or the
public interest;
4. The approval of the modification is not granted solely to
confer a special benefit upon any person.
5. That for the above stated and other reasons, the proposed
PUD Zoning Text Amendment is in the best interest of the
health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
IV. RECOMMENDATION
APPROVAL of both requests with the following suggested motions:
1. That the Apple Tree PUD zoning text be amended by the addition of
the following language to the Tract B, Commercial District:
7. Mobile Home Park, in accordance with Mobile Home Park
regulations from tirne to time adopted by the Board of County
Commissioners of Garfield County.
• •
8. Light manufacturing, assembly or shipping operations which
are performed wholly indoors and are non-polluting.
The the maximum number of mobile home spaces allowed in the Apple
Tree PUD is 300.
2. That the proposed expansion of the mobile home park by 10 spaces
be approved.
. U
0
03
0
0
v
0
I
a1dd�.F��
Q1
4)
0