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Home My WebLink About3.00 BOCC Staff Report 01.13.2020Board of County Commissioners — Public Hearing Exhibits Airport Mini Storage LLC Rezoning Application January 13, 2020 (File ZDAA-08-19-8744) Exhibit # Exhibit Description 1 Garfield County Land Use and Development Code, as amended 2 Garfield County Comprehensive Plan of 2030 3 Notice Documents 4 Staff Report 5 Application 6 City of Glenwood Springs — Referral Comment 7 Updated Map from Applicant / 4 (t t 1 AA AAAA; ov1 foe, els... 44 1 ala.- iS Cow►I4-e./oia 11&ttA rq, i PROJECT INFORMATION AND STAFF COMMENTS Request Rezoning Property Owner Airport Mini Storage LLC Representative Doug and Julie Pratte, Land Studio Location 1.3 EXHIBIT Current Zoning Proposed Zoning 1097 County Road 116, Adjacent to Glenwood Springs Airport No zoning assigned Commercial/General I. Description of the Proposal The applicant recently completed a land exchange with the City of Glenwood Springs. As part of the exchange, the City de -annexed a 0.441 acre portion of their property into the County and deeded it to the applicant. This portion of property has since been merged with the applicant's property via a Boundary Line Adjustment process that was completed in November of 2017. The applicant is requesting a rezoning for the portion of their property that was de -annexed by the City. Currently this portion is not zoned. The applicant is requesting that the property be designated as Commercial/General to match the current designation of the remainder of the applicant's property. Subject Parcel Glenwood Springs Airport Board of County Commissioners — ZDAA-09-19-8744 January 13, 2020 CITY OF GLENWOOD SPRINGS ANNEXATION DISCONNECTION PLAT EtIgE A PARCEL OP LAND SITUATED IN SECTI0WfrE27 TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6th P.M. COUNTY OF GARFIELD, STATE OF COLORADO sena oF± raanw -r Ex sting Area of Airport Minl Storage LLC Property with Garfield County CommercialfGeneral Zoning 60PR19 ENGINEERING • tLC — covfiurarr— IQ YAW wW.bv,LM #tS a DM P.m ifpwyµpe{p.4m: Wv nzoned Area of Airport Mini ,Storage LLC Property with Proposed Garfield County Commercial/General Zoning II. Adjacent Uses The property is directly adjacent to the City of Glenwood Springs Airport to the west and a Forest Service storage yard to the north (designated as Commercial/General). To the east is the Roaring Fork River and Commercial/Limited zoning. The applicant's property is currently zoned Commercial/General. The request is to match the existing zoning on the property. The area has historically been used for a variety of commercial/industrial uses. Currently, the applicant's property is improved with a mini -storage facility, a by -right use in the Commercial/General zone district. III. Applicable Regulations The 2013 Land Use and Development Code, as amended (LUDC) contains regulations regarding rezoning of property within the County in Section 4-113. IV. Staff Analysis A rezoning application must meet the Review Criteria identified in Section 4-113(C) of the Land Use and Development Code. Those criteria are listed below, with Staff's response. The proposed rezoning would result in a logical and orderly development pattern and would not constitute spot zoning 2 Board of County Commissioners — ZDAA-09-19-8744 January 13, 2020 The proposed rezoning does result in a logical and orderly development pattern. The disconnected parcel has already been merged with the applicant's parcel. The zoning should be consistent for a single parcel. Historically, the area has been used for commercial and industrial uses. 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 The portion of the parcel subject to the rezoning application has changed because it has been de -annexed by the City of Glenwood Springs. This means that the de -annexed portion of the property must go through a rezoning with Garfield County. It is in the public interest to have one zoning designation for a single parcel. The zoning of the smaller portion of the parcel should match the Commercial/General zoning of the overall parcel that it has merged with. The proposed rezoning addresses a demonstrated community need with respect to facilities, services, or housing The proposed rezoning allows for continued commercial uses near the Glenwood Springs Airport on this property. This area has historically been used for a variety of commercial and industrial uses. The property is currently improved with a mini -storage facility. The proposed rezoning is in general conformance with the Comprehensive Plan and in compliance with any applicable intergovernmental agreement. The property is designated as the Urban Growth Area for the City of Glenwood Springs. In these locations, the County Comprehensive Plan refers to the local jurisdiction for input on their Comprehensive Plan for the area. The City has been notified of the application and no issues were identified (Exhibit 6). Additionally, the City created the need for a rezoning application because of the de -annexation of the subject parcel. V. Suggested Findings & Recommendation The Planning Commission recommended unanimous approval of the application with the following 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, 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 reasons stated herein, the request to rezone the property is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has met the requirements of the Garfield County 2013 Land Use and 3 Board of County Commissioners — ZDAA-09-19-8744 January 13, 2020 Development Code, as amended. 5. That the application is in general conformance with Garfield County Comprehensive Plan 2030. 4 Ad #: 0000516356-01 Customer: PRATTE, JULIE Your account number is: 4533593 PROOF OF PUBLICATION RIFLE CITIZEN TELEGRAM STATE OF COLORADO COUNTY OF GARFIELD I, Samantha Johnston, do solemnly swear that I am Associate General Manager 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 (KiifiRbagRfiexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 12/5/2019 and that the last publication of said notice was dated 12/5/2019 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 12/6/2019. Samantha Johnston, Associate General Manager Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this day 12/6/2019. Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 JE RI IAN MEI U. tY.gtNry w&ti FLSARY13,153{ogyW EXHIBIT i 3 PUBLIC NOTICE TAKE NOTICE that Airport Mini Storage LLC has applied to Garfield County, to request a Rezoning for a portion the subject property located in Section 27, Township 6S Range 89W, County of Garfield, State of Colorado; to -wit: Legal Description: A PARCEL OF LAND SITUATED IN THE SE1 /4NE1 /4 AND IN THE NE1/4SE1/4 OF SECTION 27, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL LYING WESTERLY OF THE CENTER OF THE ROAR- ING FORK RIVER AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE OF THE ROARING FORK RIVER, FROM WHICH THE EAST QUARTER CORNER OF SAID SECTION 27, A G.L.O. BRASS CAP STANDARD MONUMENT BEARS S. 88 DEGREES 20'00" E. A DISTANCE OF 786.50 FEET; THENCE 5.07 DEGREES 00'00" E. ALONG SAID CENTERLINE A DISTANCE OF 5.11 FEET; THENCE S. 11 DEGREES 55'12" E. ALONG SAID CENTERLINE A DISTANCE OF 167.56 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED IN BOOK 348 AT PAGE 87 OF THE GARFIELD COUNTY RECORDS; THENCE S. 63 DEGREES 48'00' W. ALONG THE SOUTHERLY LINE OF SAID PARCEL, A DISTANCE OF 310.00 FEET; THENCE N. 26 DEGREES 12'00" E. ALONG THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 176.64 FEET; THENCE N. 01 DEGREE 40'00" E. ALONG THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 204.14 FEET TO THE WESTERLY LINE OF THAT PAR- CEL OF LAND DESCRIBED IN BOOK 275 AT PAGE 346 OF THE GARFIELD COUNTY RECORDS; THENCE N. 30 DEGREES 19'00" W. ALONG THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 438.00 FEET TO THE SOUTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOK 343 AT PAGE 365 OF THE GARFIELD COUNTY RECORDS; THENCE N. 15 DEGREES S7'00" W. A DISTANCE OF 9.21 FEET; THENCE N. 13 DEGREES 1917" W. ALONG SAID WESTERLY LINE, A DISTANCE OF 52.35 FEET; THENCE N. 18 DEGREES 51'56" W. ALONG SAID WEST- ERLY LINE, A DISTANCE QF 239.57 FEET THENCE N. 21 DEGREES 05'54" W. A DISTANCE OF 119.29 FEET; THENCE N. 69 DEGREES 11'48" E. ALONG THE NORTHERLY LINE OF SAID PARCEL, A DISTANCE OF 470.20 FEET TO THE NORTHEAST CORNER OF SAID PARCEL AT THE CENTER OF THE ROARING FORK RIVER; THENCE 5.09 DEGREES 59'48" E. ALONG THE EASTERLY LINE OF SAID PARCEL, AND Al. ONG THE CENTER OF SAID RIVER, A DISTANCE OF 346.19 FEET; THENCE S 07 DEGREES 00'00" E. ALONG THE EASTERLY LINE OF SAID PARCEL AND ALONG THE CENTER OF SAID RIVER, A DISTANCE OF 655.29 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: THE PROPERTY CONVEYED BY THE CITY OF GLENWOOD SPRINGS IN DEED RECORDED AUGUST 5, 2014 AT RECEPTION NO. 852205 EXCEPTING THEREFROM THE RIGHT OF WAY FOR COUNTY ROAD. AND EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING A PORTION OF LANDS DESCRIBED IN BOOK 348 AT PAGE 87, AS RECORDED IN GARFIELD COUNTY PUBLIC RECORDS, AND DEPICTED AS AREA RESULTING FROM BEARING QUADRANT ERROR ON THE SCHMUESER GORDON MEYER, GLENWOOD SPRINGS AIRPORT PLAT, RECORDED IN THE LAND SURVEY PLAT DEPOSITORY AS PAGE 549, COUNTY OF GARFIELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST BOUNDARY OF LANDS DESCRIBED IN WARRANTY DEED RECORDED AS RECEPTION NO. 630254 IN SAID PUBLIC RECORDS AND ALSO BEING ON THE EAST BOUNDARY OF LANDS DEFINED ON SAID GLENWOOD SPRINGS AIRPORT PLAT, FROM WHICH THE EAST QUARTER CORNER OF SAID SECTION 27 BEARS N83°04'21 "E, 1026.92 FEET; THENCE UPON THE WEST AND SOUTH LINES OF LANDS DEFINED IN SAID BOOK 348 AT PAGE 87 THE FOLLOWING TWO (2) COURSES: 1.) S26°12'00"W, 171.64 FEET; 2.) N63° 48'00"E, 133.84 FEET TO A POINT ON THE EAST LINE OF LANDS DEFINED ON SAID GLENWOOD SPRINGS AIRPORT PLAT; THENCE UPON SAID WEST BOUNDARY OF LANDS DESCRIBED IN WARRANTY DEED RECORDED AS RECEPTION NO. 630254 AND ALSO BEING ON SAID EAST BOUNDARY OF LANDS DEFINED ON GLENWOOD SPRINGS AIRPORT PLAT THE FOLLOWING TWO (2) COURSES: 1.) N26°12'00"W, 100.66 FEET; 2.) N01 °40'00"E, 4.60 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO TOGETHER WITH THAT PORTION CONVEYED FROM THE CITY OF GLENWOOD SPRINGS, A HOME -RULE MUNICIPAL CORPORATION IN QUIT CLAIM DEED RECORDED NOVEMBER 21, 2017 UNDER RECEPTION NO. 900129 AND LESS AND EXCEPT THAT PORTION CONVEYED TO THE GLENWOOD SPRINGS, A HOME -RULE MUNICIPAL CORPORATION IN QUIT CLAIM DEED RECORDED NOVEMBER 21, 2017 UNDER RECEPTION Practical Description: The rezoning is for a portion of a property located at 1097 County Road 116, Glenwood Springs, CO 81601. The parcel is adjacent to the City of Glenwood Springs and near the Glenwood Springs Municipal Airport. Desctiptlon of Request; The City of Glenwood Springs de -annexed and conveyed a parcel, owned by the City to the applicant. The de -annexed parcel was merged with the applicant's parcel via a Boundary Line Adjustment process in November of 2017. The applicant is requesting to rezone the de -annexed portion of the property (approximately 0.441 acres) to match the existing zoning of the parcel — Commercial/General. All persons affected by the proposed rezoning are invited to appear before the Board of County Commissioners and state their views, protests or support If you cannot appear personally at such hearing, then you are urged to state your views by letter, email, (pwafer@gartield-caunty.carn) or you may call the Community Development Department at (970) 945-8212. The Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to approve, approve with conditions or deny the request. The application may be reviewed in the Community Development Department located at 108 8th Street, Suite 401, Garfield County Administration Buildin Glenwood Springs, Colorado between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. Alternatively, the application can be viewed at httg records.garf i eId-county. com/ Web Li n k/B r0wse.asox? id=3 806660&dbid =0 &reran= Garli eld Gou nt y. A public hearing on the application has been scheduled for Monday, January 13th, 2020, at 1:00 RM. in the County Commissioners Meeting Room, Garfield County Administration Building,108 8th Street, Glenwood Springs, Colorado, 81601. 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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 , l day of Dez_201 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 [list] ___ it Please attach proof of certified, return receipt requested mailed notice. My application required Published notice. XNotice was published on the 5 day of OC -C, , 20 l . I Please attach proof of publication in the Rifle Citizen Telegram. My application required Posting of Notice. Notice was posted on the 9 day of ,I) PC,. , 20 1 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. Name: Signature: Date: Patrick Waller From: Gretchen E Ricehill <gretchen.ricehill@cogs.us> Sent: Monday, November 4, 2019 9:39 AM To: Patrick Waller Subject: RE: [External] Garfield County Referral Request - Airport Mini Storage LLC Rezoning a EXHIBIT Hello Patrick No concerns re: rezoning the parcel. Gretchen From: Patrick Waller <pwaller@garfield-county.com> Sent: Thursday, October 31, 2019 4:39 PM To: Gretchen E Ricehill <gretchen.ricehill@cogs.us> Subject: FW: Garfield County Referral Request - Airport Mini Storage LLC Rezoning Hi Gretchen, Apologies, I just realized I never sent this your all's way. It is the County's zoning of the parcel that was de -annexed by the City out by the Airport. Let me know if you have any concerns. Thanks, Patrick Waller Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-1377 ext. 1580 pwaller@garfieid-cou ntv.com http://www.garfield-countv.comjcommunitv-development/ From: Patrick Waller <pwaller(@garfield-county.com> Sent: Wednesday, September 11, 2019 1:47 PM To: Casey Lawrence<clawrence@garfield-county.com>; Rob Hykys <rhvkvs@garfield-county.com>; Kelly Cave <kcave@garfield-county.com> Subject: Garfield County Referral Request - Airport Mini Storage LLC Rezoning Good Afternoon, Garfield County Community Development is requesting referral comments for an application for a Rezoning request for a portion of parcel 218527100008. The property is located at 1097 County Road 116, Glenwood Springs, CO 81601 . The applicant is requesting to rezone a de -annexed property to match the existing zoning on the parcel. The application is available for review here. Please respond with any comments by Wednesday, October 2nd. 1 CITY OF GLENWOOD SPRINGS ANNEXATION DISCONNECTION PLAT A PARCEL OF LAND SITUATED IN SECTIONS 22 & 27 TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE fith P.M. COUNTY OF GARFIELD, STATE OF COLORADO SHEET 1 OF 1 Cw.IC:C.LE IN RR I ■+wAtare.ra+w+D mmoma+wa r0.aa.. C.ts.me. AiatExATIGN TAL:LE mtnIMPamNKmoor. Ake ®tinA121.101•2•I+ ' IhIEN maims. eamsri _•.•••••1.,01.1.1......f a te „m.0. r•n TW.- arwr 1.1. MM. 91[101.1br_t .,Cte....a, ,,,.....r,a.ei...", u .nm.rcaw..a .11 474•10,4 spdrusr vivo Existing Area of Airport Mini Storage LLC Property with Garfield County `Commercial/General Zoning - Unzoned Area of Airport Mini Storage LLC Property with a_7u17.,v Proposed Garfield County Commercial/General Zoning �- .. :••,..7 . .. 41Mlahtd`...i SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS SO2 MAIN STREET, SUITE A3 CARBONDALE COLORADO 81623 1970)7060311 SOPRISENG@SOPRISENG.COM n wee: /va �ie a Maes tabbies'