Ordinance 5. Zoning Property Known as 395 Troyer Avenue from CB Commercial Business to LI Light Industrial

Palisade Board of Trustees
Date of Vote: Tue, Mar 28th 2017
Polls (closed):
Yay (0)    Nay (0)

Summary

                    TITLE An Ordinance of the Town of Palisade, Colorado, Amending the Zone District Map of the Town by Zoning Certain Property Known as 395 Troyer Avenue (Parcel #2937-091-08-010) from CB Commercial Business to LI Light Industrial

APPLICATION SUMMARY This application would rezone approximately .38 acres (16,552 square feet) from the current zoning of CB Commercial Business to LI Light Industrial. The owner of the property at 395 Troyer Avenue requested the rezoning in order to permit a business to obtain a license to operate a small camper restoration business in the building. The existing commercial zoning would not accommodate the use. In 2016 The Board of Trustees approved a change of zoning for five adjoining parcels with an area of approximately 2.82 acres That zoning with this request would establish approximately 3.2 acres of Light Industrial zoning.
                
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                    SITE HISTORY The area of request is located on land originally subdivided as the Stump Industrial Park. The Town of Palisade Planning Commission approved the subdivision in December of 1979. It included the layout of 7 lots and Stump Court, which was never improved. The existing building of approximately 4,500 square feet located on the site was constructed in 1982 according to the Mesa County Assessors Records.

At the time the area developed, no industrial zoning for the Town of Palisade was established. The area was originally zoned as B-2 Business that was replaced by the CB Commercial Business District in 2008 with the adoption of the new Land Development Code. Although the 2007 Comprehensive Plan supported industrial uses for several parts of the Town, including this area, and the LI zoning was created in 2008 for those areas, no land was actually zoned Light Industrial until 2016.

Until the late 1970’s this area of the Town had remained rural. The only development included a residence at 329 Troyer, constructed in 1918 and a residence at 3847 N. River Road constructed in 1930. It was not until the late 1970s when the area was annexed into the Town that other development, including the industrial uses, occurred. Generally homes west of the site were constructed after 1978. No residential subdivision was established for any of the residences in the area, and the land upon which the residences are located was originally zoned B2 Business.

Residential zoning was only established as late as 1994, west of the site, and 1999 east of the site.

ORDINANCE TEXT WHEREAS, by Section 1.4 of the Palisade Land Development Code, the Town of Palisade enacted a Comprehensive Zoning Ordinance for the Town; and WHEREAS, the Board of Trustees received a zoning request from Jean Paradis, owner, for the property located at 395 Troyer Avenue, to amend the zone district map in the particulars hereinafter set forth for the property herein described ; and WHEREAS, public notice has been given as required by Article 7.2.4 of the Palisade Land Development Code; and WHEREAS, said application was reviewed before the Planning Commission on March 6, 2017, as required by Article 7 of the Palisade Land Development Code; and WHEREAS, the Planning Commission has recommended to the Board of Trustees that the applic ant’s request that the LI Light Industrial zone be granted; and WHEREAS, the Board of Trustees finds and determines that the applicants have provided sufficient evidence that the proposed amendment is desirable, based on the criteria set forth in Article 7.4 of the Land Development Code; and WHEREAS, the Board of Trustees finds and determines that the applicant has met the burden of providing evidence that the area in question possesses geological, physiological, and other environmental conditions compa tible with and characteristic of the use requested, and the advantages of the use requested outweigh the disadvantages of the use requested occasioned by the proposed amendment.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF PALISADE, COLORADO:

Section 1. That Article 1 of the Palisade Land Development Code, as well as the zone district map of the Town of Palisade, established by and incorporated into said Article, be and the same hereby is, amended so as to provide that the property known as 395 Troyer Avenue in the Town of Palisade, County of Mesa, and State of Colorado as shown on attached Exhibit A and more particularly described in Exhibit B be and the same hereby is zoned from CB Commercial Business to LI Light Industrial.

Section 2. Upon adoption of this Ordinance, the zoning amendment herein contained shall be promptly entered on the appropriate page of the Official Zone District Map, showing general location, effective date, and nature of the change.

One copy of the approved application shall be retained in the records of the Building Official, in order to insure that development proceeds in conformance with the requirements of the approved zone district designation and this Ordinance.

INTRODUCED, READ, PASSED, ADOPTED AND ORDERED PUBLISHED at a regular meeting of the Board of Trustees of the Town of Palisade, Colorado, held on March 28, 2017.
                

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