11-18-2014 Hearing Binder.Pdf
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Board of MESA COUNTY COMMISSIONERS Colorado AGENDA TUESDAY November 18, 2014 LAND USE 544 Rood Avenue, Public Hearing Room 9:00 a.m. Call Meeting to Order: Deletions from Agenda: Additions to Agenda: Approval of Minutes: 1. Land Use Hearing, October 14, 2014 LAND USE ITEMS NOTE: Copies of Staff Report(s) for Land Use Items are available on the back table within the hearing room. CONTINUED TO ITEM(S): NONE WITHDRAWN ITEM(S): **2014-0091 CPA DOUBLE CREEK ESTATES CONCEPT PLAN APPEAL Property Owner(s):Design/Engineering LLC Representative(s): David M. Kotz, PE, SGM, Inc Location: 1255 17 ½ Road Parcel #: 2697-052-00-038 Zoning: AFT Planner: Linda Dannenberger, (970)244-1771, [email protected] Request: Appeal of an administrative decision that determined the application incomplete for the Double Creek Estates Major Subdivision Concept Plan. **APPEAL HAS BEEN WITHDRAWN CONSENT ITEM(S): The Consent Agenda is intended to allow the Board to spend its time on the more complex items. These items are generally perceived as non-controversial and can be approved by a single motion. The petitioners have agreed to all of the staff **PLEASE NOTE: THERE IS LIMITED FREE PUBLIC PARKING ON THE SOUTHEAST CORNER OF 6TH STREET AND WHITE AVENUE** BOCC – Land Use November 18, 2014 Page 2 of 4 recommendations on these projects. The public or the Board Members may ask that an item be removed from the Consent Agenda for individual consideration. NOTICE: If an applicant agrees to have a project placed on the Consent Agenda for the Mesa County Planning Commission and it is approved on that Agenda, the project is placed on the Consent Agenda for the Board of County Commissioners. If an applicant decides to remove the item from the Board Consent Agenda, the project will be referred back to the Mesa County Planning Commission and rescheduled for a new hearing date. NONE HEARING ITEMS: PRESENTATION RULES: Due to the volume of items to be heard the following restrictions may be applied to help expedite the hearing process: a) Where practical, presentations by staff and petitioners will be limited to 15 minutes or less. Petitioners are asked to not repeat presentation information that the staff has correctly presented. Please address the clarification to the staff's presentation, new information or new developments to the project, and the staff and agency review comments and recommendations. b) Responses in favor or in opposition to the proposal will be limited to approximately 3 minutes each. We prefer only new information to be presented. A single speaker may be selected on behalf of organized groups. 1. 2014-0125 CUP VICTORY LIFE CHURCH, AMENDMENT TO CUP TO ALLOW SIGN Property Owner(s):First Assembly of God, Inc Representative(s): Rev. G. Robert Cook Jr. Location: 2066 Highway 6 & 50, Fruita 81521 Zoning: AFT Planner: Randy Price, 244-1759, [email protected] Request: To amend the existing Conditional Use Permit for a daycare facility to allow signage larger than that allowed in an AFT zone. Staff Recommendation: Approval with Conditions MCPC Recommendation: Approval with Conditions, 3-1 2. 2014-0146 CUP DEER CREEK (GOODWIN) WATER DISPOSAL FACILITY AMEND CUP TO CHANGE TO DAYS AND HOURS OF OPERATION Property Owner(s):Deer Creek Facilities, LLC Representative(s): Thomas Pool Location: 5180 Hwy 50, Whitewater 81527 (US Hwy 50 & Bridgeport Rd) Zoning: AFT Planner: Randy Price, 244-1759, [email protected] Request: To amend the existing CUP to permanently extend the hours of operation to 24 hours a day, 7 days per week. Staff Recommendation: Approval with Conditions MCPC Recommendation: Denial, 4-0 BOCC – Land Use November 18, 2014 Page 3 of 4 3. 2014-0136 VA STAHL VACATION OF RIGHT OF WAY Property Owner: Bruce Stahl Representative: John Curran Location: 3781 G 7/10 Road, Palisade, 81526 (37.8 Rd aka Main Street & G.7 Road) Zoning: AFT Planner: Christie Barton, 255-7191, [email protected] Request: To vacate a portion of 37 8/10 Road (also known as Main Street, Palisade) right of way north of the Government Highline Canal and south of G 7/10 Road. Access for adjacent properties is from other locations. Staff Recommendation: Approval with Conditions BRIEFING(S): NONE RESOLUTION(S): 1. 2014-0124 RZ APPROVAL OF A REQUEST TO REZONE THE HAYDEN INVESTMENTS LLC PROPERTY LOCATED AT 3208 SPRINGFIELD ROAD, GRAND JUNCTION FROM THE C-2 DISTRICT TO THE I-1 DISTRICT 2. 2014-0135 RZ APPROVAL OF A REQUEST TO REZONE THE AMICO PROPERTY LOCATED AT 3172 E½ ROAD, CLIFTON FROM THE PUD DISTRICT TO THE RMF-8 DISTRICT 3. 2014-0097 CUP APPROVAL OF A CONDITIONAL USE PERMIT FOR MINOR ENTERTAINMENT EVENTS FOR MOUNTAIN VIEW FARMS IN THE AFT DISTRICT UNDER THE USE TABLE OF SECTION 5.1 OF THE MESA COUNTY LAND DEVELOPMENT CODE LOCATED AT 3165 B 1/2 RD 4. 2013-0187 CUP APPROVAL OF AN AMENDMENT TO THE CONDITIONAL USE PERMIT FOR THE WESTERN SLOPE FLAGSTONE CAMEO QUARRY TO ALLOW THE USE OF RAPID CREEK ROAD FOR COMMERCIAL USE ROAD PETITION(S): NONE UNSCHEDULED BUSINESS: Please present your comments within ten (10) minutes. ADJOURN THE COMMISSIONERS MAY TAKE A LUNCH BREAK, IF THE MEETING IS NOT COMPLETE. BOCC – Land Use November 18, 2014 Page 4 of 4 CERTIFICATION OF POSTING On November 13, 2014 at 2:00 p.m., Stephanie Reecy did post the above AGENDA as public notice of the November 18, 2014 meeting. The official notice is placed on the East Entrance bulletin board at 544 Rood Avenue, Grand Junction, CO and a courtesy copy added to the Mesa County website at www.mesacounty.us/BoCCagendas/ ____________________________ Stephanie Reecy Minutes Approved: OCTOBER 14, 2014 Audio CALL MEETING TO ORDER At 9:02 a.m., Chair John Justman called to order a regular Land Use meeting of the Board of Mesa County Commissioners at the Mesa County Courthouse, Public Hearing Room, 544 Rood Avenue, Grand Junction, Colorado. Those present included Commissioner Rose Pugliese, Commissioner Steve Acquafresca, David Frankel, Acting County Attorney; Linda Dannenberger, Planning Division Director; and Lori Westermire, Clerk to the Board. Minutes prepared by Lori Westermire. APPROVAL OF MINUTES (0:12) August 26, 2014 September 9, 2014 September 16, 2014 STEVE ACQUAFRESCA MOVED TO APPROVE THE AUGUST 26, SEPTEMBER 9, AND SEPTEMBER 16 2014 MEETING MINUTES; ROSE PUGLIESE SECONDED, MOTION CARRIED UNANIMOUSLY, 3-0. September 30, 2014 (Note: Steve Acquafresca was excused from this hearing) ROSE PUGLIESE MOVED TO APPROVE THE LAND USE HEARING MINUTES ON SEPTEMBER 30, 2014; JOHN JUSTMAN SECONDED, MOTION CARRIED UNANIMOUSLY, 2-0. LAND USE ITEMS CONSENT ITEMS (1:25) 1. 2014-0124 RZ SPRINGFIELD LOT 2 REZONE Property Owner: Hayden Investments, LLC Representative: Julie Hayden Location: 3208 Springfield Road, Grand Junction, 81503 (32 & Springfield Roads) Zoning: C-2 Planner: Christie Barton, Senior Planner A request to rezone Lot 2 of the Springfield Estates from the General Commercial (C-2) zoning district to the Limited Industrial (I-1) zoning district. Staff Recommendation: Approval; MCPC Recommendation: Approval 4- 0. 2. 2014-0135 RZ VILLA WAY REZONE Property Owner: Daniel Amico Location: 3172 E ½ Road, Grand Junction, 81504 (Villa Way & E½ Road) Zoning: PUD Planner: Christie Barton, Senior Planner Page 1 of 4 A request to rezone approximately 1.5 acres of land from Planned Unit Development (PUD) zone district to Residential Multi-Family – 8 units per acre (RMF-8). Staff Recommendation: Approval; MCPC Recommendation: Approval 4-0. ROSE PUGLIESE MOVED TO APPROVE THE CONSENT AGENDA ITEMS ONE AND TWO ON THE OCTOBER 14, 2014 AGENDA; STEVE ACQUAFRESCA SECONDED, MOTION CARRIED UNANIMOUSLY. HEARING ITEMS (2:54) 1. 2013-0187 CUP WESTERN SLOPE FLAGSTONE, CAMEO QUARRY CUP AMENDMENT, RAPID CREEK ROAD ACCESS Property Owner(s): Rudolph Fontanari Representative(s): Trevor Grosse Location: 3998 Rapid Creek Rd, Palisade Zoning: AFT Planner: Randy Price, Senior Planner A request to amend the Conditional Use Permit (CUP) for mining to allow up to 5 gravel haul trucks per day from the Western Slope Flagstone, Cameo Quarry to use Rapid Creek Road as a haul route. Staff Recommendation: Approval with Conditions; MCPC Recommendation: Denial 3-1. Randy Price entered into the record the Project Review, dated August 19, 2014 and revised October 3, 2014, the 2000 Land Development Code, the Mesa County Land Use Plan, a PowerPoint presentation as Exhibit A, and correspondence from Keith Corey, dated October 3, 2014, as Exhibit B. Mr. Price summarized the site location, the surrounding lands uses, zoning, project history, and the notification buffer. He described, the condition of Rapid Creek Road, the permitted number of trucks per day, access permits and easements along the road, safety concerns associated with the road and the one-lane bridge that crosses Rapid Creek, and plans for future maintenance to improve safety. Mr. Price read the Conditions of Approval and the CUP criterion included in the Project Review on Pages 60- 62. Commissioner Acquafresca noted Condition No. 1 should reference Rapid Creek Road. Randy Price revised Condition No. 1 to include Rapid Creek Road. Rudy Fontanari, Property Owner, 3316 E ¾ Road, Clifton; and Trevor Grosse, Owner Representative, 3305 E 3/4 Road, Clifton; provided additional project information and summarized the historic use of the quarry, specifics of the CUP, alternative access routes; and the ownership, use and restrictions of Rapid Creek Road. Mike Meininger, Engineering Division Director, provided details of the condition of Rapid Creek Road and the one-lane bridge, explained sight distance and safety issues, summarized the location of pull-out areas on the road, plans for maintenance and tree removal along the road, and explained the need for roadway signage after maintenance. Jim Nall, Division Director, Mesa County Traffic Department, provided details regarding accidents along Rapid Creek Road.