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HomeMy WebLinkAbout2.0 Staff Report PC 8.13.03REQUEST: LOCATION: EXISTING ZONING: COMPREHENSTVE PLAN: PC: 8/13/03 TP Comprehensive Plan Amendment Three (3) parcets along the south side of County Road 113, from the intersection of Highway 82 approximately 1.5 miles east along County Road 113. C/L (Commercial Limited) and A / R / RD (Agricultural / Residential / Rural Density) Low Density Residential (existing) General Commercial (proposed) PROJECT INFOR]VIATION AND STAFF COMMENTS L ISSUE At the June I l,2OO3, Planning Commission meeting, aZone Amendment application submitted by Alan Morris, at 0484 County Road I 13, was considered. Iv{r. Morris requested a Zone Amendment from A/R/RD to CtL. The Planning Commission forwarded a recommendation of approval to the Board of County Commissioners. The Board considered the Zorre Amendment change on July 22,2003, and approved the requested Zone Amendment. On June 11, 2003, the Planning Commission also moved to approve the land use designation change affecting three parcels along the south side of County Road 113 from the intersection of Highway 82 and CR I l3 including Mr. Morris's property from "Low Density Residential (10 acres or more per dwelling unit)" to "General Commercial" (Exhibit B). The other two other parcels affected are owned by Wayne Rudd and High Country Associates. The reason for the change was to due to the previous rezoning of the Rudd property in the early 1990s, which is located immediately to the west of the Morris property from A/R/RD to CtL and encompass the commercial activity that has been happening within this areq Proposed Zone Distnbfs Documented in 20(N Comprehensive Plan, Wcinity of Caltle Creek t4d ,."8.?!, oenenA corracn OPEN SPACE PUAUC PrcPERW ffi IEAItsxill@DMNN!ffEl omrtir**w ffiEifl!31H}"ffi,!8"iErrru@rEw0hdtmFrhhUd ff newrceurnrcrot SUBOMADN I lo mo1.m 24tx) A -a Y I l o including the non-conforming salvage yard that has been taken place on the Morris property since the 1960s. The tand use designation change in Study 1 the right, and also better seen onthe ll" X (Exhibit A). II. STATE STATUES of the Comprehensive Plan is reflected in the map to 17" attachment In accordance with CRS 30-28-108, Adoption of Plan by Resolution, the Planning Commission may amendments to the Comprehensive Plan "by resolution carried by the affinnative votes of not less than a majority of the entire membership of the commission. The resolution shall refer expressly to the maps and descriptive matter intended by the commission to form the whole or part of the plan. The action taken shall be recorded on the map and descriptive matter by the identifying signature of the secretary of the commission." Therefore, although the Planning Commission made a motion to #ffiffi change the land use designation along County Road 113 from s-*.." L' Low Density Residential to General Commercial on June 1 1, Efu" ; 20}3,the motion is required to be codified by Resolution. Staff has prepared a Resolution of approval attached to this memorandum' III. MOTION Staffrecommends that that the Planning Commission move to approved the attached Resolution of approval which changes the land use designation along the south side of County Road 113 from Low Density Residential to General Commercial affecting three parcels which include High County Associates (Parcel # 2393-074-00-0357), Wayne Rudd (Parcel # 2393-18l-00-358) and William Alan Morris (Parcel # 2393-172-00-222) as described in the Garfield County Assessor's Office. Revised Comprehensive Plan MaP wtnty d w!H, ffi CouW, Me 2 Planning Commission Meeting, Minutes from June 11, 2003 EXHIBIT o7Do Roll call was taken and the following members are absent tonight: Phil Vaughan, Colin Laird, Kit Chapin, Rolly Fischer, and Jock Jacober. David Stover will be the Chairperson tonight. Bob Fullerton was appointed as a regular voting member for tonight's hearings. Fullerton made a motion to approve the minutes from the May 14,2003 Planning ission Meeting and Michelle Foster seconded the motion. All members approved The first it discussion is a public meeting to review a request for a Sketch Plan Application for Sweetwater Perennials Subdivision. The property is located at 0193 Sweetwater Road, i ediately to the west of the county line of Eagle and Garfield Counties. The appli are proposing to subdivide approximately 18 acres into 3 lots. The applicants are Kevin Sandra Story. Present for the applicants toni their representative Fox. Tamara is the County Planner on thi rject and she will review the staff findings. The subject property is currently improved a single family dwelling and various out buildings. A pond is currently being instal to the south of the residence. The Gannon Ditch traverses the property from west to east,is located to the north of the residence and all existing improvements. There are two gu that pass through the property. One P&Z Members Present David Stover Cheryl Chandler Michelle Foster Bob Fullerton Mike Deer is located above Lot 1 and the other is located The applicants are proposing: Lot 1: S/F residence and an ADU Lot2: Existing SIF residence Lot 3: S,lF residence and ADU The subject property is located within Study Area 4 in the Garfield Comprehensive Plan. There are no recommended densities in that Staff Present Mark Bean, B&P Director Tamara Pregl, Planner Carolyn Dahlgren, Assist Cty. Atty. Lots 2 and 3. Co study The property is zoned A/R/RD which has a two acre minimum. A1l proposed lots are greater than the two acre minimum. David asked if the ISDS systems would be engineered and Ron ark mentioned about the geologist findings. Cheryl asked i ?Pr4qo' ons were going to be engineered as well. Both would be was the res Asked for public comments and f,ere received. Cheryl made a motion to close the public hearing and M nded the motion. A11 approved. Cheryl Ch -made a motion to recommend approval to the BOCC for the Preliminary Plan 'catronfor the Native Springs Subdivision with the note that staff has 1eft the 1 conditions of approval in place and Mike Deer seconded the motion. A vote was and motion passed unanimously. The next item on the agenda is a public meeting request to review aZone District Amendment from Agriculture/Residential/Rural Density (A/R/RD) to Commercial Limited (CIL) for property located at 0484 CR 1 1 3, approximately a % mlle from the intersection of Highway 82 and CR 113. The applicants are Alan and Roxanne Morris. Tamara Pregl is the County Planner on this project. Also present are Alan and Roxanne Morris and their representative Davis Farrar of Western Slope Consulting. The property contains approximately 5.79 acres. There are two fairly distinct benches on the properly. Vegetation on the property is minimal. The existing use of the property is a salvage yard, welding metal fabrication, retail sales, scraps metal processing, and maintenance facility. The property is improved with a single family residence, an office and two large metal structures. The uses on the property are considered pre-existing non-conforming since the uses on the property existed prior to the establishment of zoning for the area. The property immediately to the east and south is zoned CIL and is improved with a large metal structure. There are also a number of semi trailers stored on this property as well. The property to the north, across CR 1 13 consists of a single family residence and a stone processing tlpe business, which appears to be illegal. (What Tamara has been told is that this business has been moved to New Castle) The property to the west is currently improved with two single-family residences and a couple of outbuildings. An SUP has recently been submitted to the County to allow for construction of a 12,000 sq. ft. structure for the pu{pose of storage/warehousing of an assortment of plumbing fixtures, parking of company vehicles within the structure, and office space. Further west, along CR 113, there are a couple landscaping and stone supply companies. The applicant is not requesting an amendment to the Comprehensive P1an, only to the zone district. The subject property is designated on the "Proposed Land Use Districts Study Area 1 Map" as low-density residential. The recommended density in this land use category is 10 acres or more per dwelling unit. The primary standard used to review rezoning request depends on whether the proposed rezoning is in compliance with the comprehensive plan. Staff finds that the request for rezoning is in conflict with the Comprehensive Plan. Applicant generally needs to show either that an error was made in establishing the current zoning or that there has been a change in the conditions of the neighborhood that supports the requested zone change. The property's current zoning of A/R/RD was established in the early 1970's. The subject property was zoned residential due to its rural residential character and location in relation to urban / incorporated area. Staff believes this original zoning of the subject property was not done in error. The rezoning of property to C/L would allow several commercial uses that are currently not allowed in the A/R/RD zone district. In the early 1990's the County approved rezoning of parcels extending eastward from the intersection of CR 113 and Highway 82 from A/R/RD to ClL. The applicant did provide some aerial photos in the application of the changes that have occurred on properties to the east and southwest of the subject property. Staff recommends that the Planning Commission recommend approval to the BOCC for a Zone Amendment for the subject property from A/R/RD to ClL. Staff is also recommending that the Planning Commission consider an amendment to the Comprehensive Plan to change the designation of the area to General Commercial to encompass the commercial activity that has been taking place along the CR 113 corridor. Bob Fullerton asked about the property for stone if it was moving? Tamara said code enforcement told her it was being moved. No further questions for staff so we moved to the applicant's presentation next. Davis Farrar spoke for the applicant's. He has some general comments. They are not debating the original zoning. Change in characture and uses that surround this property. County has approved zone changes in the past from A/R/RD to ClL. County Comp. Plan change is not a requirement to do a zone change. He supports the staffs comments but is leaving it up to staff and Commission to deal with. Irnmediately adjoins commercially zoned property. Photos of property show what is surrounding this property. Strong basis to support zone change to C/L. Asking for a favorable recommendation. No questions or comments. Mike Deer made a motion to recommend approval to the BOCC for zone district amendment from AvR/RD to CIL and extend to include amendment to comprehensive plan to include as C/L (clean it up) and Cheryl Chandler seconded the motion. A vote was taken and all approved unanimously. The minary Plan application for Valley View lic hearing request is for review of a 6