HomeMy WebLinkAbout3.0 DD Staff Report & Exhibits 10.31.19Director's Decision
Elliott Zoning Correction
File No. ZDAA-0 1 -19-87 48
October 31 ,2019
Exhibit
Number
Exhibit Description
1 Public Hearing Notice Information
2 Receipts from Mailins Notice
3 Garfield County Land Use and Development Code of 2013, as
Amended
4 Garfield County Comprehensive Plan
5 Application
6 Staff Memo
Garfield Co un
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. ln addition, please initial on the blank line next to the statements if they accurately reflect the
described act¡on.
YJ My application required written/maited notice to adjacent property owners and mineral
owners.
t Mailednoticewascompletedonthe L\ ¿avot ùclohur',zoß
All owners of record within a 200 foot radius of the subject parcel were identified as
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 Ilist]
Please attach proof of certified, return receipt requested mailed notice.
My application required Published notice.
Notice was published on the daY of 20_.
Please attach proof of publication in the Rifle Citizen Telegram.
tr My application required Posting of Notice.
Notice was posted on the daY of 20
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.
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Michael B¡nks
758 Railrcad Ave.
Rifle, CO 81650
Gøffield County
MEMORANDUM
TO Sheryl Bower, Community Development Direct
FROM: Patrick Waller, Senior Planner
DATE: October 10,2019
SUBJECT: Elliott Zoning Correction
.BAGKGROUND
Gloria Elliott's parcel is located at 845 County Road 296, Rifle, CO 81650 and is also
known as County Assessor Parcel Number 212936100008. ln 1980, Jack and Gloria
Elliott and the owner of a separate property to the north (Rifle Fireside, lnc.), requested a
rezoning of both properties. The original application requested that the Board of County
Commissioners change the zoning on the property from Agricultural/Residential/Rural
Density to Commercial/General. Review of the approval resolutions (80-292 and 80-
291A), indicate that the applicant amended their rezoning request to Commercial/Limited,
rather than Commercial/General.
The property owner recently began the process of selling the property and identified that
the parcel is currently zoned as Residential/Urban. The original Rifle Fireside, lnc.
property is still designated as Commercial/General, which Staff has determined is likely
incorrect, as the Resolution indicates that the parcel should be designated as
Commercial/Limited. The Resolution of approval states:
"Whereas, the appticants have requested that their application be amended to
request Commerciat/Limited Zone District rather than Commercial/General Zone
District designation" and, "That the petition of Rifle Fireside, lnc., and Jack and
Gloria Etliot, as amended, for a zone change from Agricultural/Residential/Rural
Density Zone District to Commercial/Limited Zone District for the following
described unincorporated area of Garfield County be approved."
Staff has reviewed county records and determined that the zoning was changed to
Residential/Urban in error. No record of a rezoning request or map change has been
found since the original 1980 approval.
The Land Use and Development Code allows for the Director to make corrections to the
Zone District Map where conflicts exist between Recorded Resolutions and the Map,
pursuant to Section 4-113 (B). This application is being processed pursuant to that
standard which requires an Administrative Review. An Administrative Review requires
notice to surrounding property owners and mineral owners. Once the notice is complete,
the Director will issue a Director's Decision correcting the zoning of the parcel to
Commercial/Limited, to match the 1980 Resolution'