ACTION: The requested action of the Board of Trustees is to hold a public hearing on the application to zone land known as the Rocco-Krohn Annexation to the LI Light Industrial District and to consider the recommendation of the Planning Commission to approve Ordinance 2017-27 granting the zoning request. PLANNING COMMISSION RECOMMENDATION: The Planning Commission held a public hearing on the application at its regular meeting of November 6 and voted unanimously to recommend approval. One letter of opposition was entered into the record at the hearing, but no persons spoke. APPLICATION SUMMARY: The Owner of approximately 11,201 square feet of land is requesting LI Light Industrial zoning for existing development. The request for zoning follows the property owners’ request to annex the property into the Town Limits. At the meeting of October 10, 2017, the Board of Trustees adopted Resolution 2017-45 and Ordinance 2017 24 granting the annexation of the parcel surrounded on all sides by the Town Limits. According to Section 15-3.(a)(5) of the Palisade Municipal Code zoning must be established within 90 days following the annexation. The existing building on the site was constructed in 1944. The most recent building permits were issued in 2015 for exterior trim and roofing upgrades, a new stucco finish on the exterior, and the replacement of windows and doors. A permit was also issued for the addition of upstairs dormers and electrical upgrades and rough-in plumbing work. The building is currently not connected to the Town’s sewer. In the event future sewer is provided, the owner will be responsible for establishing a new sewer tap. Rezone – Approval Criteria 7.4.9 Approval Criteria for Rezones No rezoning may be approved by the Town Board unless all of the following criteria are satisfied: A. Consistency with the adopted plans and policies of the Town; and B. General Conformance with the Town’s adopted comprehensive plan; The property was zoned in the County as C-2 General Commercial. The General Commercial zoning accommodates moderate to high intensity commercial uses and corresponded to the Mesa County Master Plan Commercial/Industrial designation. The Future land Use Plan for the Town of Palisade identifies the area as future commercial uses. The current owner of the 6,000 square foot warehouse structure identifies the use of the building as a woodworking business. Similar light industrial uses are developed in close proximity. Earlier in the year, a parcel of approximately 1.26 acres immediately north of this property and within the same block was rezoned for the Light Industrial zoning to allow for the future expansion of a cabinet manufacturing business. An existing warehouse of more than 27,000 square feet, which houses the Food Bank of the Rockies, is located on the adjoining property to the immediate north. The zoning request is in general conformance with the Future Land Use Plan and is consistent with the warehousing and light industrial uses that have occurred along North River Road. Mesa County – Source of Map Mesa County GIS C. Suitability of the subject property for uses permitted by the current versus the proposed district; Existing development occurred in the County. As previously stated, the County’s C-2 zoning supports commercial/industrial land uses. The request for Light Industrial zoning is generally consistent with the previous zoning. The parcel of approximately 11,000 square feet is significantly smaller than the minimum lot size of 1 acre required by the County zoning. The one-acre minimum is based on non-urban services, or specifically the lack of sewer infrastructure. Although, the existing structure will likely continue as a non-conforming structure under the Town’s LI zoning (building setbacks/parking) the annexation allows the site to connect to sewer in the future D. Whether the proposed change tends to improve the balance of uses, or meets a specific demand in the Town; Zoning must be established within 90 days of the annexation. The requested zoning accommodates continued use of the land prior to annexation. No changes to the balance of uses will occur as a result of the zoning change. E. The capacity of adequate public facilities and services including schools, roads, recreation facilities wastewater treatment and water supply facilities and stormwater drainage facilities for the proposed use. Urban services are already established for the area, with the exception of sewer service. As a result of annexation of this property future sewer connections may be accomplished. All future development or re-development will comply with the Town’s Land Development Code and Municipal Code. No impact to public facilities and services is, therefore, anticipated with this zoning. F. It has been determined that the legal purposes for which zoning exists are not contravened; The application has been duly noticed for public hearings with the Planning Commission and the Board of Trustees. Consideration of the request is based on the appropriateness of uses as identified by the Comprehensive Plan. G. It has been determined that there will be no adverse effect upon adjoining property owners unless such effect can be justified by the overwhelming public good or welfare; and The zoning, as requested, will not alter the existing pattern of land uses that have occurred in this area. No changes will occur on the site as a result of the zoning. In the event the existing building is destroyed or removed, new development would require compliance with the existing Town’s standards. H. It has been determined that no one property owner or small group of property owners will benefit materially from the change to the detriment of the general public. Approval of the request does not demonstrate an exclusive benefit to any land owner but establishes appropriate future uses for this area, as intended by the Comprehensive Plan. RECOMMENDATIONS: Staff recommends that the Board of Trustees adopt Ordinance 2017-27 granting the approval of LI Light Industrial zoning for 3808 N. River Road (Parcel 2937-091-00-050) based upon the above findings of fact.
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