board of mesa county agenda · pdf file2011-0085 va approval of the ... christie barton...

TUESDAY

AUGUST 13, 2013

LAND USE 544 Rood Avenue, Public Hearing Room

9:05 a.m. Call Meeting to Order: Deletions from Agenda: Additions to Agenda: Approval of Minutes:

1. Land Use Hearing—July 30, 2013.

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

**END OF CONTINUED TO ITEM(S) **

**WITHDRAWN ITEM(S)** NONE

**END OF WITHDRAWN ITEM(S) **

**CONSENT**

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 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.

Board of MESA COUNTY

COMMISSIONERS

AGENDA

**PLEASE NOTE: THERE IS LIMITED FREE PUBLIC PARKING ON THE SOUTHEAST CORNER

OF 6TH STREET AND WHITE AVENUE**

BOCC – Land Use August 13, 2013 of 3 1. 2013-0070 RZ EWING-FIX REZONE Property Owner(s):Barbara Ewing Location: 1501 Reeder Mesa Road, Whitewater, CO 81527 Zoning: AFT Agricultural Forestry Transitional Planner: Ron Quarles, (970) 254-4152, [email protected] Request: Request to rezone approximately 5.23 acres of land from AFT

Agricultural Forestry Transitonal to RSF-E Residential Single Family – Estate.

Staff Recommendation: Approval MCPC Recommendation: Approval 7-0

**END OF CONSENT ITEMS**

**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.

2. 2013-0073 VA RAPID CREEK ROAD VACATION OF RIGHT OF WAY Property Owner: Mesa County Representative: Stacey Mascarenas, Mesa County Public Works Location: Adjacent to 3940 & 3949 Rapid Creek Road, Palisade Zoning: AFT Planner: Ron Quarles, (970) 254-4152, [email protected] Request: To vacate a portion of Rapid Creek Road right of way in conjunction with the realignment of Rapid Creek Road. Staff Recommendation: Approval

**END OF HEARING ITEM(S) **

**RESOLUTIONS** FOR DISCUSSION: 2013-0092 UE BAY EXTINGUISHMENT OF UTILITY EASEMENT Property Owner(s): Darrell and Lynette Bay Location: 173 29 ½ Road, Grand Junction 81504 Lot 1, Country Home Estates Parcel #: 2943-322-22-001 Zoning: RSF-4 Residential Single Family-4

BOCC – Land Use August 13, 2013 of 3 Planner: Ron Quarles, 254-4152, [email protected] Request: Approval to vacate all or a portion of the 15-feet wide utility easement

recorded on the north side of Lot 1, Country Home Estates. Staff Recommendation: Approval and Adoption of Resolution END OF RESOLUTION FOR DISCUSSION 2013-0077 DENIAL OF A REQUEST TO REZONE THE FOX PROPERTY LOCATED AT 3171 F ROAD, GRAND JUNCTIONFROM THE RSF-4 DISTRICT TO THE MU-C DISTRICT 2011-0085 VA APPROVAL OF THE VACATIONS OF RIGHTS-OF-WAY OF A PORTION OF L¼ ROAD RIGHT–OF-WAY BETWEEN 13½ & 13¾ ROADS & A PORTION OF L ROAD RIGHT-OF-WAY BETWEEN 13½ & 13¾ ROADS, LOCATED IN LOMA, COLORADO

**END OF RESOLUTION(S) **

**ROAD PETITION(S)**

NONE

**END OF ROAD PETITION(S) **

UNSCHEDULED BUSINESS THE BOARD MAY TAKE A LUNCH BREAK AT NOON IF THE HEARING IS NOT COMPLETED BY THAT TIME. The Mesa County Commission Chambers are accessible to the handicapped. With advance request, a sign language interpreter may be made available (call 244-1688 or TDD 256-1530).

CERTIFICATION OF POSTING

On August 8, 2013 at 3:00 p.m., Victoria Patsantaras did post the above AGENDA as public notice of the August 13, 2013 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/ ------------------------------------------------------------- Victoria Patsantaras

http://www.mesacounty.us/BoCCagendas/

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JULY 30, 2013

Audio

CALL TO ORDER

At 9:05a.m., Chair Steven Acquafresca called to order a regular Land Use

meeting of the Board of Mesa County Commissioners at the Mesa County

Courthouse, Commissioners Public Hearing Room, 544 Rood Avenue, Grand

Junction, Colorado. Those present included Commissioner John Justman,

Commissioner Rose Pugliese; Dave Frankel, Assistant County Attorney; Gina

Schlagel, Administrative Assistant to the Office of the Clerk & Recorder.

(Minutes transcribed by Gina Schlagel).

APPROVAL OF MINUTES

JULY 16, 2013

JOHN JUSTMAN MOVED, ROSE PUGLIESE SECONDED, AND MOTION CARRIED TO

APPROVE THE MINUTES OF THE LAND USE HEARING ON JULY 16, 2013 AS

PRESENTED.

LAND USE

CONTINUED ITEM(S)

1. 2013-0070 RZ EWING-FIX REZONE

Property Owner: Barbara Ewing

Location: 1501 Reeder Mesa Road, Whitewater, CO 81527

Planner: Ron Quarles, Sr Planner, Mesa County Planning &

Development

A request to rezone approximately 5.23 acres of land from AFT Agricultural

Forestry Transitional to RSF-E Residential Single Family – Estate.

ROSE PUGLIESE MOVED, JOHN JUSTMAN SECONDED, AND MOTION

UNANIMOUSLY CARRIED TO CONTINUE TO BOARD OF COUNTY COMMISSIONERS

HEARING FROM JULY 30, 2013 TO AUGUST 13, 2013.

2. 2013-0064 TXT ROW VACATION TEXT AMENDMENT

Representative: Mesa County Planning Division

Planner: Linda Dannenberger, Director, Mesa County Planning

A request for approval of text amendments to the Mesa County Land

Development Code, specifically Section 3.1.8, Notices, concerning right-of-way

vacation notice, and Section 3.10, Vacation of Rights of Way Approval Criteria.

Minutes-Land Use

http://www.mesacounty.us/commissioners/template.aspx?id=19613

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HEARING FROM JULY 30, 2013 TO SEPTEMBER 17, 2013.

HEARING ITEMS

1. 2013-0073 VA RAPID CREEK ROAD VACATION OF RIGHT OF WAY

Property Owner: Mesa County

Representative: Stacey Mascarenas, Mesa County Public Works

Location: Adjacent to 3940 & 3949 Rapid Creek Road, Palisade

Planner: Ron Quarles, Sr Planner, Mesa County Planning &

Development

A request to vacate a portion of Rapid Creek Road right of way in conjunction

with the realignment of Rapid Creek Road. Linda Dannenberger requested this

item be continued due to a late posting of notice in the field.

JOHN JUSTMAN MOVED, ROSE PUGLIESE SECONDED, AND MOTION


HEARING FROM JULY 30, 2013 TO AUGUST 13, 2013.

2. 2012-0077 RZ FOX REZONE

Property Owner: Pamela Fox

Representative: Rolland Consulting Engineers, LLC

Location: 3171 F Road, Grand Junction

Planner: Christie Barton, Mesa County Planning

Linda Dannenberger, Mesa County Planning

An application to rezone a parcel of land approximately 4.11 acres in size from

RSF-4 to Mixed Use Commercial (MU-C). Staff Recommendation was for

approval. The Planning Commission recommendation is for approval; 5-0.

Noted the project has met the applicable criteria of the code with conditions of

approval.

Christie Barton presented and explained that entrances into this subdivision are

currently on West Ford Street, and Stanford Way and does not connect to other

through streets. Access to both of these streets are from F Road. Zoned RMH

(8 - 16 dwelling units per acre). Mixed Use Commercial zones require 60%

commercial and 40% residential. Minimum density is 5 units per acre for MU-C.

Commissioner Pugliese commented that in reading through the comments from

citizens, she is unclear as to why the access is on Ford Street not F Road.

Christie stated F Road is Arterial road, which moves higher volumes of traffic at

higher speeds. Therefore, we try to reduce number of access points on F Road.

Road access policy is ¼ mile apart for access from an Arterial road. This

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property is 300 feet wide. However, there has not been a formal decision

requiring access from Ford Road. That would come at the time of site planning.

Kent Shafer, Rolland Consulting Engineers, LLC, representing Pamela Fox stated

the applicant requests this rezoning to expand the possibilities of development.

OPPOSITION

Dion Gutierrez, 3171 Tedford Court, President of HOA, Bellford Subdivision

presented a Power Point presentation with photos of subdivision. Mr. Gutierrez

stated the motto of the subdivision is a 'Peaceful Family Living,' reflecting a

quiet subdivision where you know your neighbors and there are plenty of

children. The Bellford Subdivision would welcome two more cul-de-sacs as per

the covenants. He stated we did voice our concerns to the Planning Committee

and feel it is not their intention to listen to the citizens and request your denial

of this rezone.

Those giving public comments were Wendy Orth, 597 Ford Street; Bill Tidwell

596 Stanford Way; Jackie Hassinger, 3174 Tedford Court; Richard Rehnke; and

Doris Burton 3171 Stanford Court. Concerns mentioned were the safety of

several children in the community playing; the residents have not been apprised

of the plan of what is going to be built; there are current commercial areas with

large amounts of commercial properties within a one to two mile radius, some

that currently have vacant space; request access from F Road, not Ford Street;

one homeowner had issues with an intruder in her home in 2010, and with

added commercial would have additional worry regarding safety.

Chair Acquafresca requested that Planning share what types of commercial

development permits fall under an MU-C zoning. Linda Dannenberger

presented items from Table 5.1 in the Land Development Code.

REBUTTAL

Kent Shafer, Rolland Consulting Engineers, LLC stated it appears the perception

of the community is that this would be four acres of solid commercial

development. However, MU-C requires a 60/40 split; commercial would be

buffered by residential.

Chair Acquafresca stated he participated in the development of the GJ

Comprehensive Plan and it is an advisory document. Decisions on how traffic is

configured and managed is based on specific development in the future after a

rezone. Linda Dannenberger confirmed, stating a site plan includes a traffic

study. This usually includes improvements required for development and

would require the current entrance to F Road on the subject property be closed,

without an option to keep it open. Chair Acquafresca stated given the great

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volume of traffic on F Road, and the speed of which it is traveled, it is best to

have commercial areas at traffic signals.

Chair Acquafresca questioned Planning regarding Agency comment from Grand

Valley Drainage District (Kevin Williams) stating, 'The District's Hiest Drain is

located on the east side of the property. An easement agreement was prepared

and sent to the property owner on Feb 29, 2012. The District request that this

agreement be signed and recorded prior to approval of this rezone application.'

It does not appear that they have an easement agreement. Christie Barton

presented the boundaries and easement request area on the map, and will

check to see if it an easement agreement has been recorded, as the draining

districts generally deal with the owner and record it themselves.

Commissioner Pugliese questioned if the subdivision covenants come in to play

in the use of this property? Christie Barton stated the entire property has

preliminary plan approval but only the existing residential was platted and this

area was never encumbered with covenants and would be discretionary.

Commissioner Pugliese asked if when they do a traffic study and the traffic

counts are too high on Ford Street would the entrance then be placed on F

Road? Linda Dannenberger stated it would not be placed on F Road per policy.

JOHN JUSTMAN MOVED TO APPROVE ITEM 2012-0077 RZ FOX REZONE. NO

SECOND WAS MADE.

ROSE PUGLIESE MADE A MOTION TO DENY ITEM 2012-0077 RZ FOX REZONE

APPLICATION TO REZONE A PARCEL OF LAND APPROXIMATELY 4.11 ACRES IN

SIZE FROM RSF-4 TO MIXED USE COMMERCIAL (MU-C); IT IS NOT COMPATIBLE

WITH SURROUNDING LAND USES AND THEREFORE DOES NOT SATISFY THE

APPROVAL CRITERIA UNDER SECTION 3.4.7.B, STEVE ACQUAFRESCA SECONDED,

MOTION PASSED ON A 2-1 VOTE. REZONE REQUEST IS DENIED.

3. 2011-0085 VA BITTLE-BEACH-MATTAS VACATION OF RIGHT OF WAY

Property Owner(s):Dale & Patricia Bittle; Bradley Mattas; and Jack & Janelle Beach

Location: 1224, 1230 &1236 13½ Road, Loma

Planner: Christie Barton, Mesa County Planning

A request to vacate 30 feet of right of way on the L¼ Road alignment (Chipeta

Street) dedicated on the Loma Townsite Plat and on the Wilcox Minor

Subdivisions ‘B’ between 13½ & 13¾ Roads, and to vacate 60 feet of proclaimed

right of way between13½ & 13¾ Roads on the L Road alignment (Escalante

Street). Staff Recommended approval. Noted the project has met the

applicable criteria of the code with conditions of approval. However, Fruita has

objected to vacation.

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Chair Acquafresca asked if there were concerns with the parcel being

landlocked to which Christie Barton responded that there are access easements.

Pat Bittle, 1224 13 ½ Road, Loma commented that this right-of-way would put

road within 10 feet of her garage; would take out a cement ditch for irrigation;

and would remove her garage and gazebo. L ¼ Rd to east crosses through

wetlands, which has already had a right-of-way vacated.

JOHN JUSTMAN MOVED, ROSE PUGLIESE SECONDED, AND MOTION

UNANIMOUSLY CARRIED TO APPROVE ITEM 2011-0085 VA - A REQUEST TO

VACATE 30 FEET OF RIGHT OF WAY ON THE L¼ ROAD ALIGNMENT (CHIPETA

STREET) DEDICATED ON THE LOMA TOWNSITE PLAT AND ON THE WILCOX

MINOR SUBDIVISIONS ‘B’ BETWEEN 13½ & 13¾ ROADS, AND TO VACATE 60

FEET OF PROCLAIMED RIGHT OF WAY BETWEEN13½ & 13¾ ROADS ON THE L

ROAD ALIGNMENT (ESCALANTE STREET).

ROAD PETITION

P-2217 FOR ACCEPTANCE AND MAINTENANCE OF A ROADWAY INTO THE

MESA COUNTY ROAD SYSTEM, MONUMENT VIEW LAKE II, 2011-0223 FR1,

KEDROWSKI COURT


UNANIMOUSLY CARRIED FOR ITEM #P-2217 - ACCEPTANCE AND MAINTENANCE

OF A ROADWAY INTO THE MESA COUNTY ROAD SYSTEM, MONUMENT VIEW

LAKE II, 2011-0223 FR1, KEDROWSKI COURT. (Petition on file at the Mesa

County Clerk's Office; recorded in Book 5509, at Page 982, Reception No.

2663979, Petition File No. P-2217.).

(For complete details on any item

click on the audio link at the beginning of the document.)

ADJOURN

With no further business to come before the Board, Chair Acquafresca

adjourned the meeting at 10:53 a.m.

Sheila Reiner,

Mesa County Clerk & Recorder

_________________________________ ________________________________

Gina Schlagel Chair Steve Acquafresca

(Verbatim digital files of the Commissioners' Proceedings of July 30, 2013, are on file

in the Mesa County Clerk's Office.

LAND USE ITEMS

August 13, 2013 9:00 A.M.

544 Rood Avenue

Grand Junction, Co.

Project # Project Name Planner Status2013-0070 RZ Ewing-Fix Rezone Ron continued from 7-30-132013-0073 VA Rapid Creek Road Right of Way Vacation Ron continued from 7-30-13

Project # Project Name Planner Status2013-0106 MSPA Riverfront Trail Phase 3 Minor Site Plan Appeal Christie/Ron OK

Project # Project Name Planner Status2013-0086 CUP Kobe Pumping Plant & Pipeline Conditional Use Permit Randy OK2013-0091 CUP Sunshine Propane Conditional Use Permit Ron OK2013-0064 TXT ROW Vacation Text Amendment Linda continued from 7-30-13

September 17, 2013 Board of County Commissioner's Hearing - 544 Rood Ave - Hearing Room

August 13, 2013 Board of County Commissioner's Hearing - 544 Rood Ave - Hearing Room

BoCC Rolling Calendar

August 19, 2013 Board of County Commissioner's Hearing - 544 Rood Ave - Hearing Room @ 1:00 p.m.

Index/ Location

Map

INDEX MESA COUNTY COMMISSIONERS

LAND USE HEARING

AUGUST 13, 2013

CONSENT ITEMS: 1. 2013-0070 RZ EWING-FIX REZONE HEARING ITEMS: 2. 2013-0073 VA RAPID CREEK ROAD VACATION OF RIGHT OF WAY

**ORGANIZATION STRUCTURE**

Project Review………………………………………………………………….…..White Planning Commission Minutes…………………………………………………...…Pink Review Agency Comments……………………………………………...Yellow or Buff Public Comments…………………………………………………………………….Blue Applicant Information…………………………………………………………..…..Green

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2

Location Map

4BoCC Hearing Items

August 13, 2013

10 0 10 20 305Miles

PROJECT REVIEW

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MESA COUNTY DEPARTMENT OF PUBLIC WORKS Administration - Building - Engineering – Road and Bridge

Traffic - Planning - Solid Waste Management

200 S. Spruce Street • P.O. Box 20,000 • Grand Junction, Colorado 81502-5022 Ph (970) 244-1636 Fax (970) 244-1769

PROJECT REVIEW

June 28, 2013

I. PROJECT: 2013-0070 RZ EWING – FIX REZONING

Property Owner(s): Barbara I. Ewing Location: 1501 Reeder Mesa Road Zoning: AFT Agricultural Forestry Transitional Planner: Ron Quarles, Senior Planner Request: Application to rezone approximately 5.23 acres of land from AFT

Agricultural Forestry Transitional to RSF-E Residential Single Family – Estate.

Staff Recommendation: Approval

PRO 2013-0070

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II. SURROUNDING LAND USES, AND ZONING: Zoning within the 500 foot public notification area:

RSF-E Residential Single-Family Estate (1 to 3 acres Density) AFT Agricultural Forestry Transitional (5 acre Density)

Land Uses within the 500 foot public notification area:

Residential /Open Space

Applicable Area Plans Grand Junction Comprehensive Plan Whitewater Plan Area Urban Development Boundary

The area of rezoning is located on the south side of Reeder Mesa Road approximately 1 ½ miles east of the Highway 50 intersection. The site is within the boundaries of the Whitewater Community Plan Area that encompasses an area of 18.5 square miles south of the City of Grand Junction. Although the area is approximately 8 miles south of the Grand Junction City Limits, it is inside the Urban Development Boundary due to the future availability of urban services. Most of the land uses include large areas of open space and single family residential lots. The Whitewater Community Plan was adopted on January 11, 2007 and amended on July 14, 2011. The plan was an update to the 1999 Whitewater Kannah Creek Plan and was initiated in response to the voter approval to fund sewer extensions to the area through the Whitewater Public Improvement District. The plan supports mixed land uses along the Highway 50 corridor and increased residential densities in anticipation of sewer service and other infrastructure and urban service expansions.

PRO 2013-0070

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Mesa County worked with property owners in 2009 (2009-018RZ1) and in 2010 (2010-0047RZ1) to re-designate the zoning for consistency with the newly adopted plan. Land owners who agreed to participate in the group rezoning were able to change their zoning to urban zoning, based on the designated future land uses. Although nearly 100 separate parcels were rezoned, many of the property owners, including the owner of the current application, opted to not participate. The result is a patch-work of urban and rural zoning within the Whitewater Community Planning Area.

Although urban zoning is in place for much of Whitewater, the supporting sewer service is still not available to most of the parcels. On April 19, 2010, (MCM 2010-049) the County Commissioners voted to implement an Interim Development Policy for the Whitewater area in order to allow limited residential development before sewer lines are extended to serve all areas. Specifically, the policy allows parcels of 10 acres or more to subdivide and re-subdivide to a maximum density of 1 unit per 5 acres, if the lots are clustered and one of the building lots contains at least 60 percent of the parcel acreage. Parcels within urban zoning that are less than 10 acres may subdivide into no more than 2 lots. In addition, prior to site plan or subdivision applications, owners must request inclusion into the Whitewater Public Improvement District and the Mesa County Whitewater Urban Services Public Improvement District.

PRO 2013-0070

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III. PROJECT DESCRIPTION: The applicant desires to rezone the 5.23 acre parcel from the AFT Agricultural Forestry Transitional District to the RSF-E Residential Single Family-Estate District. The owner would like to be able to subdivide the parcel into two lots so that a family member may be able to purchase the adjoining lot and construct a home. If approved, the density would increase from the 5-acre density under AFT zoning to the 1 to 3-acre density under RSF-E zoning. The interim development policy would allow for two lots as the applicant proposes.

IV. COMPLIANCE WITH THE MESA COUNTY LAND DEVELOPMENT CODE: Section 3.4.7 Approval Criteria: In acting on a Rezoning application, the Board of County Commissioners shall consider the General Approval Criteria in Section 3.1.17, the stated purpose of the proposed zoning district, and may approve the Rezoning application only after considering the following:

A. the rezone is consistent with the goals and policies of the Master Plan, including applicable special area, neighborhood and corridor plans; The property is within the planning area of the Grand Junction Comprehensive Plan, adopted jointly by the Mesa County Planning Commission and the Grand Junction City Council (Resolution MCPC 2010-01) and revised in April of 2011 (MCPC 2011-07). The Comprehensive Plan, effective at the start of 2010, replaced the 2000 edition of the Joint Urban Plan of the Mesa Countywide Land Use Plan The property under consideration is designated in the Future Land Use Map as “Residential Low” intended for single family homes with a density of from .5 to 2 dwelling units per acre. The application for the RSF-E District is consistent with the approved Grand Junction Comprehensive Plan. Adjoining property immediately to the west reflects the same RSF-E zoning designation. This criterion has been met. B. the proposed zoning district’s allowed uses are or can be made to be similar to or compatible with surrounding and nearby land uses; The request for the RSF-E District is consistent with zoning established for this area. The potential for further subdivision under the RSF-E District standards, is in keeping with the development and zoning that has occurred north and south of Reeder Mesa Road. As stated, the interim development policy allows the applicant to split the parcel into two lots before sewer is extended. Upon expansion of urban services, the parcel could potentially be split for another three lots, as long as the minimum size lot is 1 acre. This criterion has been met.

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C. the land to be rezoned was previously zoned in error or conditions have changed so that the rezoning is consistent with county’s goals, policies and/or Master Plan; The current rural zoning of AFT does not reflect the anticipated urban densities that are supported by the Grand Junction Comprehensive Plan. As stated in the Whitewater Community Plan:

“Whitewater has remained a rural, low-density community largely due to the lack of infrastructure in the area, including undersized water lines, the absence of sanitary sewer, and the lack of storm water management. The opportunity for sanitary sewer service through a public improvement district was approved by the voters of Whitewater in November 2006.”

Staff initiated rezoning in 2009 and 2010 to reflect the change to the Master Plan based on the decision to extend sewer service to this area. In addition, as stated, an interim development policy has been instituted to ensure that limited development may begin before this sewer is extended. This criterion has been met. D. public and community facilities and services including but not limited to sewage and waste disposal, domestic water, irrigation water (where available), gas, electricity, police and fire protection, and roads and transportation are or can be made available to serve the types and scope of land uses allowed in the proposed zoning district; Facilities and services are available to serve the site. As previously stated, prior to site plan or subdivision approval, the owner must be a part of the Whitewater Public Improvement District and the Whitewater Urban Service Public Improvement District. The PIDS will generate revenue for improvements and services from sewer connection fees, service fees, a mil levy and sales tax as development occurs in the community. The interim development policy ensures that future development does not occur at the maximum densities until sewer infrastructure is in place. Domestic water for the area is served by Clifton Water District, and Grand Valley Rural Power. Protective services are provided by the Mesa County Sheriff’s Department and the Lands End Fire District. Access to the property is from Reeder Mesa Road, a paved Mesa County road designated in the Transportation Plan as a major collector. This criterion has been met. V. 3.1.17 General Approval Criteria:

A. Complies with all applicable standards, provisions, and purposes of this Land

Development Code. Future subdivision and all new construction will require compliance with all applicable development standards under the RSF-E Zoning and the interim development policy adopted by the Mesa County Board of County Commissioners (MCM 2010-049). This criterion can be met. B. Is consistent with review agency comments.

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The proposal is consistent with review agency comments. This criterion has been met. C. Is consistent with applicable intergovernmental agreements between the County and

other entities. The project is consistent with applicable intergovernmental agreements with the City of Grand Junction (MCA 83-26) The City of Grand Junction has been notified of the current application. This criterion has been met. VI. PUBLIC COMMENTS: As of the date of this project review staff has received no comments in support or opposition to this application. VII. REVIEW AGENCY COMMENTS: All review comments received are a part of the hearing packet and the file. VIII. PROJECT RECOMMENDATION: The Planning Division recommends APPROVAL of the rezone to RSF-E on the basis that:

the proposed rezone complies with the approval criteria for rezones in Section 3.4.7 of the Mesa County Land Development Code (2000, as amended);

the proposed rezone complies with the general approval criteria in Section 3.1.17 of the Mesa County Land Development Code (2000, as amended);

the proposed rezone is consistent with goals identified in the Grand Junction Comprehensive Plan.

the proposed rezone is consistent with the Future Land Use Map that designates the area for “Residential Medium.”

Summary Rezone Criteria 3.4.7.A Consistent with the Master Plan Has Been Met 3.4.7.B Are or can be made compatible with surrounding and nearby land uses Has Been Met 3.4.7.C Error in zoning or conditions changed Has Been Met 3.4.7.D Adequate facilities and Services Has Been Met General Approval Criteria 3.1.17.A Compliance with applicable standards and provisions in the Land Development Code Can Be Met 3.1.17.B Consistency with review agency comments Has Been Met 3.1.17.C Consistency with applicable IGAs Has Been Met IX. MCPC Hearing: The Mesa County Planning Commission voted unanimously at their

regular meeting of July 25, 2013 to recommend approval of the application to rezone the property to the RSF-E District.

X. BCC Hearing and Decision: August 13, 2013

HEARING NOTICE

Ewing-Fix Rezone2013-0070 RZJune 10, 2013

Zoning/Parcel Map

"

LegendLegend500 ft buffer

Parcels

Roads

Urban Growth Area

0.1 0 0.1 0.2 0.3 0.4Miles

Notification Buffer

2969-182-03-001

2013-0070 RZ

Ewing-Fix RezoneNotification Table

PARCEL_NUM OWNER MAILING CITY ST ZIP

2969-182-09-001 ABBOTT RICHARD L 302 DESERT VISTA RD WHITEWATER CO 81527-9314

2969-182-09-002 BONNELL STEVEN P 3872 KANNAH CREEK RD WHITEWATER CO 81527-9661

2969-182-00-387 CHADD BUDDY L 1701 REEDER MESA RD WHITEWATER CO 81527-9545

2969-182-03-001 EWING BARBARA & RICHARD 1501 REEDER MESA RD WHITEWATER CO 81527-9550

2969-182-04-003 FERGUSON DEBRA JOLENE 2039 SHILOH ST WHITEWATER CO 81527-9543

2969-073-01-014 GONZALES PAUL 110 DESERT VISTA CT WHITEWATER CO 81527

2969-073-04-001 HURSHMAN MICHAEL 1995 SHILOH ST WHITEWATER CO 81527-9552

2969-073-01-013 KAUS JEROMY J 120 DESERT VISTA CT WHITEWATER CO 81527-9304

2969-182-00-062 LOWDER CLYDE E 8525 E SHAW AVE CLOVIS CA 93619-9033

2969-181-00-061 LOWDER ROBERT N 8525 E SHAW AVE CLOVIS CA 93619-9033

2969-182-04-002 NEECE JASON 2027 SHILOH ST WHITEWATER CO 81527

2969-182-09-004 PHILLIPS STANLEY L 308 DESERT VISTA RD WHITEWATER CO 81527

2969-182-09-005 PREWETT BARRI DEE 7978 ELMWOOD DR DENVER CO 80221-3755

2969-182-09-003 RUSE RICHARD C 306 DESERT VISTA RD WHITEWATER CO 81527

2969-182-03-002 SENKO DAVID W 1601 REEDER MESA RD WHITEWATER CO 81527-9549

2969-182-04-005 SHELDON RICHARD PRESTON 2005 SHILOH ST WHITEWATER CO 815279543

2969-182-04-004 SILER EARL J 2055 SHILOH ST WHITEWATER CO 81527-9543

2969-182-04-011 SPENDRUP JOHN O LLC 409 W MAIN ST GRAND JUNCTION CO 81505

2969-182-09-006 TOUVE RONALD LESLIE 312 DESERT VISTA WHITEWATER CO 815279314

2969-182-04-007 WOOLSEY JOSHUA P 34402 SHILOH CT WHITEWATER CO 81527

Quicken Loans 1050 Woodward Ave Detroit MI 48226

Page 1 of 1

MCPC MINUTES

MESA COUNTY PLANNING COMMISSION July 25, 2013

PUBLIC HEARING MINUTES Chairman Jones called to order a scheduled hearing of the Mesa County Planning Commission at 6:00 p.m. Chairman Jones led the Pledge of Allegiance. The hearing was held in the Public Hearing Room, Mesa County Administration Building at 544 Rood Avenue, Grand Junction, Colorado. In attendance representing the Mesa County Planning Commission, were: Phillip Jones, Joe Moreng, Christi Flynn, Pat Bittle, Wes Lowe, Chip Page and Rusty Price. In attendance, representing the Mesa County Planning Division, were: Linda Dannenberger and Ron Quarles. Kathy Kinsey was present to record the minutes. There was one (1) citizen present throughout the hearing. Approval of Minutes 6-27-13 Motion: Vice Chair Moreng moved to approve the minutes as written Second: Commissioner Bittle Motion Approved: 7-0 Continued Items NONE

Consent Items Chairman Jones noted that Barbara Ewing was present in the audience and he proceeded to explain the consent agenda and asked for a motion to approve or if anyone from the Planning Commission had any concerns or questions about the item on the consent agenda. 1. 2013-0070 RZ EWING-FIX REZONE Property Owner(s): Barbara Ewing Location: 1501 Reeder Mesa Road, Whitewater, CO 81527 Zoning: AFT Agricultural Forestry Transitional Planner: Ron Quarles, (970) 254-4152, [email protected] Request: Request to rezone approximately 5.23 acres of land from AFT Agricultural Forestry Transitional to RSF-E Residential Single Family – Estate. Staff Recommendation: Approval Board of County Commissioners Hearing Date: 8-13-13 Motion: Commissioner Bittle made a motion that item #2013-0070 RZ Ewing-Fix Rezone be approved and to go on to the Board of County Commissioners for a hearing date of August 13, 2013. Second: Commissioner Price Motion Approved: 7-0

Mesa County Planning Commission July 25, 2013, Public Hearing Minutes

2

Hearing Items NONE

H. ELECTION OF NEW PLANNING COMMISSION SECRETARY

Motion: Commissioner Page made a motion to nominate Pat Bittle as Secretary of the Planning Commission. Second: Commissioner Flynn Closing of elections: Vice Chair Moreng moved to close the nominations Motion carried: 7-0

K. PLANNING DIRECTOR UPDATES Linda Dannenberger reminded the planning commission of the upcoming workshop to be held at 5:45 p.m. on Thursday, August 15th. The item on the agenda is the Grand Valley Urban Trails and it will be up to the planning commission to adopt this.

END OF PLANNING DIRECTOR UPDATES

L. RESOLUTIONS NONE

END OF RESOLUTIONS

M. ADJOURNMENT Motion: Vice Chair Moreng made a motion to adjourn the hearing Second: Commissioner Lowe Hearing adjourned at 6:07 p.m. Respectfully Submitted, ___________________________________ Pat Bittle, Secretary

REVIEW AGENCY

COMMENTS

PRO2013-0070 - EWING-FIX REZONE Review Agency Comments

Comments Due Date: 2013-06-10

User Review Agency

Date/Time Comment

Connie Hahn PID WHITEWATER

US

5/20/2013 2:02:37 PM

No Comment - Mesa County Whitewater Urban Service PID

RHONDA

EDWARDS FIRE GRAND

JUNCTION 5/20/2013

2:22:37 PM This site is not within our jurisdiction, but we would

provide assistance should Lands End Fire Department request it. Grand Junction Fire Department has no

concerns with the proposed rezone. Future development should provide information as to water

purveyor and location of any fire hydrants in the area

or provide infrastructure as needed.

TRUDY BROWN MC CODE COMPLIANCE

5/20/2013 3:11:55 PM

Mesa County Code Compliance Services has no open file pertaining to 1501 Reeder Mesa Rd (Parcel #

2969-182-03-001). Code Compliance Services has not

conducted a site visit to the property. If the assigned Planner finds an apparent Code violation when he/she

visits the property, please notify Code Compliance Services and we will investigate.

Matt Sinclair MC ENVIRON HEALTH

5/22/2013 4:09:33 PM

No comments on proposed rezone. Additional comments will be made as project moves forward.

MCHD - Env. Health

Otis Darnell MC ROAD &

BRIDGE B 5/29/2013

3:15:02 PM Road and Bridge has no problems

PERRY RUPP UT GV RURAL POWER

6/3/2013 4:36:12 PM

GVP Review Comments

1. The project is in the Grand Valley Power service

area. 2. Single-phase power is available for this project,

along the north side of Reeder Mesa Road. There is an existing underground secondary electrical service

on site (120/240 volt). This line may not be adequate to add another service.

3. Please make application for service by calling 242-

0040, to start the design process. A cost estimate will also be prepared.

4. Any relocation of existing overhead power lines, poles, guy/anchors, underground lines, transformers

or any other Grand Valley Power equipment is at the

developer’s expense.

APPLICANT INFORMATION

PROJECT REVIEW



200 S. Spruce Street • P.O. Box 20,000 • Grand Junction, Colorado 81502-5022 Ph (970) 244-1636 Fax (970) 244-1769

PROJECT REVIEW

July 9, 2013 I. 2013-0073 VA – RAPID CREEK ROAD VACATION OF RIGHT OF WAY

Adjacent Property Owner(s): Emery and Myrna Atchison Representative(s): Stacey Mascarenas, Mesa County Location: Adjacent to 3949 Rapid Creek Road, Palisade 81526 Adjacent Parcel #: 2937-022-00-108 and 2937-022-00-107 Zoning: AFT Agricultural Forestry Transitional Planner: Ron Quarles, 254-4152, [email protected] Request: Vacate a portion of Rapid Creek Road right of way in conjunction with the realignment of Rapid Creek Road. Recommendation: Approval

II. SURROUNDING LAND USES AND ZONING: Zoning within the 2,500-foot public notification area:

AFT Agricultural Forestry Transitional

Land Uses within the 2,500-foot public notification area: Residential / Ute Water Facilities

Applicable Area Plans Mesa County Rural Planning Area

o Rural Agriculture 20 Acres (No Bonus) III. PROJECT HISTORY AND DESCRIPTION: This application is to vacate Mesa County’s interest in use of a section of the Rapid Creek Road that has been removed and replaced by a safer road alignment. On September 12, 2012 the adjoining property owners, Emery and Myrna Atchison, deeded a 40’ strip of land to Mesa County for a new roadway alignment (Book 5357 Page 189). A new paved surface has since been constructed by Mesa County, and a steep curved section of the roadway, which is the subject of this request, has been removed as a part of the travel surface.

Rapid Creek Road Previous Alignment

Rapid Creek Road New Alignment



Rapid Creek Road has a long history. Originally, property owners petitioned Mesa County in the 1880s to accept Rapid Creek Road “from Grand Junction to Plateau Creek,” although it is not clear that the original petitioned road corresponds with the current road surface at this location. In 1963 land owners conveyed an 18 foot wide road easement for Ute Water Conservancy (Book 851 Page 202), a portion of which corresponds to the alignment of Rapid Creek Road that is subject to this application. That easement was vacated (Book 1920 Page 908) in 1992 and replaced by a series of easements recorded in 1991 and 1992 for a 40 foot road for the benefit of Powderhorn Properties Co., Ute Water Conservancy District, SEM Construction, Powderhorn Mountain Ranch, Warren F. Reams and Public Service Company of Colorado. (Book 1920, Pages 865, 868, 874, 880, 883, 886, 894) A portion of that 40’ easement also corresponds with the Rapid Creek Road alignment that is being vacated by this request. Although Mesa County will vacate its interest in the abandoned road surface, the easements that were recorded in 1991 and 1992 will remain as originally recorded. In addition, existing easements for electric transmission lines and gas lines that extend north and south through this area will not be affected. (Book 399, Page 190, and Book 789, Page 142)

IV. COMPLIANCE WITH MESA COUNTY LAND USE POLICIES AND MESA

COUNTY LAND DEVELOPMENT CODE. Section 3.10 Vacation of Rights-of-Way and Renaming of Streets The applicable criteria of Section 3.10 apply. This Code Section sets forth the following criteria for evaluating right-of-way vacation requests. Section 3.10.6.A The requested vacation will not:

Portion of Rapid Creek Road to be Vacated (Red)

New Improved Road

(1) Create any landlocked parcels. As stated, land for Rapid Creek Road was deeded to the County in 2012 for a new alignment and road surface. The parcel affected by this vacation continues to have access to the new road surface within the deeded right-of-way. This application will not create any landlocked parcels. This criterion has been met.

(2) Negatively impact adjacent parcels. The adjoining parcels under single ownership currently have frontage on, and access to the constructed road. This application to vacate the County’s interest in the abandoned roadway will complete the process of replacing a section of potentially unsafe road surface with a safer alignment. This criterion has been met. (3) Restrict access to any parcel so that access is unreasonable or economically prohibitive. Existing access to the parcel affected by this vacation is not changed by this application. Improvements to the road alignment enhance opportunities for future access. This criterion has been met.

(4) Reduce the quality of public service to any parcel of land. No comments were received from any reviewing agency that indicate there will be a reduction in the quality of public service as a result of this application. The portion of roadway to be vacated has already been replaced by a new section of roadway within deeded right-of-way. This criterion has been met. (5) Be inconsistent with any adopted transportation plan, including the Grand Junction/Mesa County MPO Transportation Plan. Rapid Creek Road is not designated in the Mesa County Transportation Plan, but is maintained as a Mesa County Local road. The new roadway alignment has improved traffic safety. This criterion has been met. Section 3.1.17 General Approval Criteria must also be considered for Vacation of Right-of-Way requests: A. Complies with all applicable standards, provisions, and purposes of this Land

Development Code; It appears that the proposed vacation of this right-of-way is consistent with all applicable standards, provisions, and purposes of the Land Development Code. This criterion has been met. B. Is consistent with review agency comments; There are no review agency objections to the proposed vacation. This criterion has been met. C. Is consistent with applicable intergovernmental agreements (IGA) between the

County and other entities. This project is subject to an intergovernmental agreement between Mesa County and the Town of Palisade (MCA 98-10). The Town of Palisade and the Colorado Division of Parks and Wildlife were notified of the application. No comments were received. This criterion has been met. V. REVIEW COMMENTS: All review agency comments received are included below with this project report. User Review Agency Date/Time Comment

OTIS DARNELL MESA COUNTY

ROAD & BRIDGE DISTRICT B

5/29/2013

3:09:45 PM Mesa County Road and Bridge has no problems at this

time

MC DEV

ENGINEER MESA COUNTY

DEVEVLOPMENT ENGINEER

6/3/2013

11:13:07 AM No comments.

MATT SINCLAIR MESA COUNTY

ENVIRONMENTAL

HEALTH

6/5/2013

7:45:49 AM No issues with proposed ROW vacation. MCHD -

Environmental Health

VI. PUBLIC COMMENTS: No public comments have been received as of the writing of this project review.

VII. PROJECT RECOMMENDATION: The Planning Division recommends approval of the request for vacation of this segment of the Rapid Creek Road. The basis for this recommendation is: The petition demonstrates compliance with Section 3.10.6.A (1 - 5) and 3.1.17 (A-C) of the Mesa County Land Development Code (2000, as amended).

Review Summary

Vacation of Rights-of-Way Approval Criteria 3.10.6.A.1: 1 - no landlocked parcels – has been met 2 - negative impact on adjacent parcels – has been met 3 - restrict access to any parcel – has been met 4 - reduce quality of services – has been met 5 - consistency with transportation plan – has been met General Approval Criteria 3.1.17: A - compliance with the Land Development Code – has been met B - consistency with review agency comments – has been met C - consistency with IGAs – has been met VIII. BOCC Action: (August 13, 2013):

HEARING NOTICE

Rapid Creek Road ROW Vacation2013-0073 VAJune 28, 2013

Zoning/Parcel Map

"

LegendLegend2,500 ft buffer

Parcels

Roads

Urban Growth Area

0.35 0 0.35 0.7 1.05 1.4Miles

Notification Buffer

2937-022-00-108

2937-022-00-107

2013-0073 VA

Rapid Creek Road ROW VacationNotification Table

PARCEL_NUM OWNER MAILING CITY ST ZIP

2937-022-00-051 ALLEN PATRICIA H 823 RAPID CREEK RD PALISADE CO 81526

2937-022-00-082 ARMSTRONG OTTO LINN 839 RAPID CREEK RD PALISADE CO 81526-9402

2937-022-00-108 ATCHISON EMERY T 3940 RAPID CREEK RD PALISADE CO 81526-9405

2937-022-00-105 BAILEY ROBERTA 884 RAPID CREEK RD PALISADE CO 81526-9401

2937-022-00-117 BATES FAMILY REVOC TRUST 853 RAPID CREEK RD RTE 2 PALISADE CO 81526

2937-022-00-092 BATES GARY 851 RAPID CREEK RD PALISADE CO 81526-9400

2937-021-00-914 BLM 2815 H RD GRAND JUNCTIONCO 81506

2937-022-00-116 BODIE DENNIS E 847 RAPID CREEK RD PALISADE CO 81526

2937-022-00-020 BOLLINGER DANIEL F 855 RAPID CREEK RD PALISADE CO 81526-9400

2937-022-00-016 BORCHARDT LEE 871 RAPID CREEK RD PALISADE CO 81526-9400

2937-022-00-109 BORCHARDT LEE B 869 RAPID CREEK RD PALISADE CO 81526-9400

2709-343-00-062 CAREY JASON P PO BOX 2123 GLENWOOD SPRINGSCO 81602-2123

2937-022-00-093 CARLSON KENNETH PARKER 861 RAPID CREEK RD PALISADE CO 81526-9400

2937-031-00-928 COLORADO DEPT OF HIGHWAYS 606 S 9TH ST STE 1 GRAND JUNCTIONCO 81501-7768

2937-021-00-090 ERIKSON STEPHEN A 3960 RAPID CREEK RD PALISADE CO 81526-9405

2937-022-00-075 FLESHER PAUL F 859 RAPID CREEK RD PALISADE CO 81526-9400

2937-021-00-102 FONTANARI RUDOLOPH TRUSTEE JR 3316 E 3/4 RD CLIFTON CO 81520-8011

2937-021-00-017 FONTANARI RUDOLPH JR 3314 E 3/4 RD CLIFTON CO 81520-8011

2709-343-00-946 GRAND VALLEY WATER USERS ASSOC 500 S 10TH ST GRAND JUNCTIONCO 81501

2937-031-00-947 GRAND VALLEY WATER USERS ASSOCIATION1147 24 RD GRAND JUNCTIONCO 81505

2937-022-00-114 HARRISON BRANT 860 RAPID CREEK RD PALISADE CO 81526-9401

2937-021-00-117 HASSTEDT JOHN R 3972 RAPID CREEK RD PALISADE CO 81526

2937-022-00-025 HIGGINS HENRY C PO BOX 250 PALISADE CO 81526

2937-022-00-079 JONES LAWRENCE M 857 RAPID CREEK RD PALISADE CO 81526-9400

2937-031-00-946 PALISADE IRRIGATION DISTRICT PO BOX 266 PALISADE CO 81526

2937-022-00-101 PINNT TYSON 879 RAPID CREEK RD PALISADE CO 81526

2937-022-00-080 PRINSTER DELORES HELEN 839 1/2 RAPID CREEK RD PALISADE CO 81526-9402

2937-022-00-104 PROCTOR R COLE 880 RAPID CREEK RD PALISADE CO 81526-9401

2709-344-00-090 PROVIDENCE PLACE INC 860 RAPID CREEK RD PALISADE CO 81526

2937-032-00-001 PUBLIC SERVICE COMPANY OF COLORADO550 15TH ST STE 1000 DENVER CO 80202-4256

2937-022-00-085 REAMS LIVING TRUST 899 24 1/2 RD GRAND JUNCTIONCO 81505

2937-022-00-024 STACK DONALD V 841 RAPID CREEK RD PALISADE CO 81526-9402

2937-022-00-078 STEPHEN LUKE A 849 RAPID CREEK RD PALISADE CO 81526-9400

2937-022-00-099 STOUT JOE F III 867 RAPID CREEK RD PALISADE CO 81526-9400

2937-022-00-100 TANKERSLEY EDWIN C 878 RAPID CREEK RD PALISADE CO 81526-9401

2937-021-00-941 TOWN OF PALISADE PO BOX 128 PALISADE CO 81526

2937-022-00-947 UTE WATER CONSERVANCY DISTRICT PO BOX 460 GRAND JUNCTIONCO 81502

2937-022-00-027 WOODBURN FRANK 3598 G RD PALISADE CO 81526-9790

2937-022-00-062 YOUNG BENNETT H PO BOX 178 MOLINA CO 81646-0178

Stacey Mascarenas PO BOX 20000 Grand JunctionCO 81502-5001

Page 1 of 1

REVIEW AGENCY

COMMENTS

PRO2013-0073 - RAPID CREEK ROAD ROW VACATION Review Agency Comments

Comments Due Date: 2013-06-10

User Review Agency

Date/Time Comment

Otis Darnell MC ROAD & BRIDGE B

5/29/2013 3:09:45 PM

Mesa County R&b has no problems at this time

MC DEV

ENGINEER MC DEV

ENGINEER 6/3/2013

11:13:07 AM MC Development Engineering

No comments.

Matt Sinclair MC ENVIRON HEALTH

6/5/2013 7:45:49 AM

No isssues with proposed ROW vacation. MCHD - Env. Health

APPLICANT INFORMATION

RESOLUTION FOR

DISCUSSION



750 Main Street • P.O. Box 20,000 • Grand Junction, Colorado 81502-5022 Ph (970) 244-1636 Fax (970) 244-1769

PROJECT REVIEW July 24, 2013

A. PROJECT: 2013-0092 UE – Bay Utility Easement Extinguishment

Property Owner: Darrell and Lynette Bay Representative: Darrell Bay Parcel Number: 2943-322-22-001 Location: 173 29 ½ Road, Grand Junction, CO 81504 Reviewed by: Ron Quarles, Mesa County Planning Recommendation: Approval

B. PROJECT DESCRIPTION This is a request to extinguish the 15 foot wide utility easement that extends along the north portion of Lot 1, Country Home Estates

C. COMPLIANCE WITH MESA COUNTY LAND DEVELOPMENT CODE: 3.5.5 | Extinguishment of Utility Easement The Planning Director may approve an Administrative Review application for an Extinguishment of a Utility Easement if no utility provider objects to the proposal and the Planning Director determines that it is consistent with the General Approval Criteria. Final approval of the application shall be by resolution of the Board of County Commissioners.

This criterion has been reviewed by the following service providers: Orchard Mesa Irrigation, Grand Valley Rural Power, Ute Water, Orchard Mesa Sanitation; and the following public agencies: Grand Junction Fire, City of Grand Junction, Mesa County Road and Bridge and the Mesa County Code Compliance. No objections were received to the proposed easement extinguishment. A resolution for approval by the Mesa County Board of County Commissioners, as required by Section 3.5.5 of the Code, will be prepared by Mesa County Planning Department for the Commissioner’s signature. Section 3.1.17 General Approval Criteria

In addition to specific approval criteria listed for each type of development review process, the Decision-Making Body shall consider if the proposal: A. complies with all applicable standards, provisions, and the Purposes of the Land Development Code; This criterion has been reviewed. A replat of Lot 1 of the Country Home Estates is required to reflect the extinguishment.

B. is consistent with review agency comments; and This criterion has been considered: No issues were identified.

C. is consistent with applicable intergovernmental agreements between the County and other entities. This criterion has been considered: The City of Grand Junction was afforded an opportunity to comment as stipulated in MCA 83-26 and no comments were received.

D. PUBLIC COMMENTS

No public comments were received on the project. E. REVIEW AGENCY COMMENTS

All review comments are a part of the application file. F. DECISION

The Planning Division recommends that the Board of County Commissioners approve the Bay Utility Easement Extinguishment.

The basis for this consideration is: The application has received review of Sections 3.5.5 and 3.1.17 of the 2000 Mesa County Land Development Code.

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RESOLUTION NO. _________________ Planning Division No. 2013-0092 UE

APPROVAL OF THE BAY UTILITY EASEMENT EXTINGUISHMENT TO EXTINGUISH THE 15 FOOT WIDE UTILITY EASEMENT

LOCATED AT 173 29 ½ ROAD, GRAND JUNCTION

WHEREAS, Darrell Bay sought approval for a utility easement extinguishment for an existing 15 foot wide utility easement on the north side of the property in the Residential Single-Family 4 (RSF-4) District located at 173 29 1/2 Road, Grand Junction; and

WHEREAS, the easement is recorded in the Country Home Estates Plat recorded in

Plat Book 12, Page 211, and more particularly described as: Lot 1, Country Homes Estates; and

WHEREAS, the attached Exhibit “A” is the proposed 15 foot easement extinguishment, and WHEREAS, the staff recommendation of approval is contained within the staff review dated July 24, 2013. NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF MESA FINDS AS FOLLOWS:

THAT the administrative review of the Bay Utility Easement Extinguishment by the Planning Division was held after proper notice, THAT the application meets Section 3.5.5 and Section 3.1.17 A, B, & C of the Mesa County Land Development Code 2000 as amended and meets the intent of the Mesa County Land Use Plan;

THAT this request is in accordance with the health, safety and welfare of the residents of Mesa County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS IN THE COUNTY OF MESA, STATE OF COLORADO: THAT the request for a utility easement vacation to extinguish an existing 15 foot wide utility easement, located at 173 29 ½ Road, Grand Junction, is hereby approved.

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PASSED AND ADOPTED THIS _____ DAY OF ____________________, 2013.

________________________________ Steve Acquafresca, Chair Board of Mesa County Commissioners

ATTEST: _______________________________ Sheila Reiner Mesa County Clerk and Recorder

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Exhibit A 15’ Utility Easement

RESOLUTIONS

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RESOLUTION NO. _________________

Planning Department No. 2012-0077 RZ

DENIAL OF A REQUEST TO REZONE THE FOX PROPERTY LOCATED AT 3171 F ROAD, GRAND JUNCTION

FROM THE RSF-4 DISTRICT TO THE MU-C DISTRICT

WHEREAS, Pamela Fox sought approval to rezone an approximately 4.1 acre parcel located at 3171 F Road, Grand Junction from a Residential Single Family-4 units/acre (RSF-4) District to the Mixed Use - Commercial District (MU-C) within the County of Mesa, State of Colorado and shown on attached Exhibit "A" and more particularly described on attached Exhibit "B" and

WHEREAS, the staff recommendation was contained in a staff report dated June 11, 2012, reviewed June 17, 2013 and updated July 8, 2013, and WHEREAS, the Mesa County Planning Commission recommended approval at the June 27, 2013 Planning Commission public hearing, and WHEREAS, the public hearing duly noticed was held before the Mesa County Board of County Commissioners on July 30, 2013. NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF MESA FINDS AS FOLLOWS: THAT public notice requirements of Section 3.1.8 of the Mesa County Land Development Code (2000, as amended) have been met. THAT a rezoning of an approximately 4.1 acre parcel located at 3171 F Road, Grand Junction from the Residential Single Family-4 units/acre (RSF-4) District to the Mixed Use - Commercial District (MU-C) does not meet Section 3.4.7.B, Rezone Approval Criteria (Zoning Map Amendments), nor does it meet Section 3.1.17.A, General Approval Criteria, of the Mesa County Land Development Code (2000, as amended). The MUC zone district is consistent with the Grand Junction Comprehensive Plan, which is an element of the Mesa County Master Plan. THAT this request is not in accordance with the health, safety and welfare of the residents of Mesa County.

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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS IN THE COUNTY OF MESA, STATE OF COLORADO: THAT the request for a rezone from the Residential Single Family-4 units/acre (RSF-4) District to the Mixed Use - Commercial District (MU-C) located at 3171 F Road, Grand Junction is denied. PASSED AND ADOPTED THIS ____ DAY OF ____________________, 2013. ____________________________________ Steven Acquafresca, Chair Board of Mesa County Commissioners ATTEST: _______________________________ Sheila Reiner Clerk and Recorder

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Exhibit A Location Map

Exhibit B Legal Description

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RESOLUTION NO. _________________ Planning Department No. 2011-0085 VA

APPROVAL OF THE VACATIONS OF RIGHTS-OF-WAY OF A PORTION OF L¼ ROAD RIGHT–OF-WAY BETWEEN 13½ & 13¾ ROADS &

A PORTION OF L ROAD RIGHT–OF-WAY BETWEEN 13½ & 13¾ ROADS, LOCATED IN LOMA, COLORADO

WHEREAS, Dale & Patricia Bittle, Bradley Mattas, and Jack & Janelle Beach, property

owners, requested a Vacation of Rights-of-Way located as shown on attached Exhibit "A" and more particularly described on attached Exhibit "B”, Legal Description, and

WHEREAS, the staff recommendation was contained in a staff report dated July 23,

2013, and

WHEREAS, the public hearing before the Mesa County Board of County Commissioners was held on July 30, 2013.

NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF MESA FINDS AS FOLLOWS:

THAT public notice requirements of Section 3.1.8 of the Mesa County Land Development Code (2000, as amended) have been met.

THAT the Rights-of-Way Vacation meets the applicable Approval Criteria for Vacations of Rights-of-Way (Section 3.10.6) of the Mesa County Land Development Code (2000, as amended).

THAT this request is in accordance with the health, safety and welfare of the residents of Mesa County.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS IN THE COUNTY OF MESA, STATE OF COLORADO: THAT the vacation of a portion of the L Road Right-of-Way and the vacation of a portion of L¼ Road Right-of-Way, both located between 13½ Road and 13¾ Road, are approved.

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PASSED AND ADOPTED THIS ____ DAY OF ____________________, 2013.

____________________________________ Steven Acquafresca, Chairman Board of Mesa County Commissioners

ATTEST: _______________________________ Sheila Reiner Clerk and Recorder

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Exhibit A Location Map

Vacation of L 1/4 Road alignmentbetween 13 1/2 and 13 3/4 Roads

Vacation of L Road alignmentbetween 13 1/2 and 13 3/4 Roads

AFT

I-2

AFT URR

PUD

I70

M RD

HWY 6 AND 50

15 R

D

L RD

15 1

/2 R

D14 R

D

12 1/2 RD

M 1/4 RD

HAWKEYE RD

13 1

/2 R

D

M 1/8 RD

12 1

/4 R

D

13 R

D

RIVER RD

13 3

/10

RD

L 7/10 RD

I70 WB ON RAMP I70 WB OFF RAMP

HORSETHIEF CANYON RD

GA

RFI

ELD

ST

PORT OF ENTRY

W P

ARAD

ISE

WAY

HE

NR

YS

LN

E P

AR

AD

ISE

WAY

15 1/2 RDI70

12 1

/2 R

D

M RD

15 R

D13 R

D

Exhibit B Legal Description of the Rights-of-Way to be vacated: L ROAD VACATION DESCRIPTION That portion of the 60 foot wide L Road (Escalante Street) right-of-way, as dedicated by the Re-Filing Map of the Loma Townsite, and as declared Public Highway by the County Commissioners in the Proclamation of September 19, 1892, described as follows: The right-of-way lying between Tracts 207 and 210 and between Tracts 208 and 209 of the Re-Filing Map of the Loma Townsite and L ¼ ROAD VACATION DESCRIPTION That portion of the L¼ Road (Chipeta Street) right-of-way east of 13½ Road which was dedicated by the Wilcox Minor Subdivision “B” and by the Re-Filing Map of the Loma Townsite, being more particularly described as follows: Beginning at a point 30 feet East of the Center South 1/16 Corner for Section 3, Township 1 North, Range 3 West of the Ute Meridian and proceeding East to a point 15 feet west of the Southeast 1/16 Corner of said Section 3. The right-of-way on the north side is 30 feet wide for the first 629.10 feet then is 15 feet wide for the remainder. The right-of-way on the south side is 15 feet wide for the entire length.

board of mesa county agenda · pdf file2011-0085 va approval of the ... christie barton...

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