Board of MESA COUNTY COMMISSIONERS AGENDA

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1 Board of MESA COUNTY COMMISSIONERS AGENDA Public Hearing Monday, April 23, :30 a.m. Public Hearing Room, 544 Rood Avenue Call Meeting to Order: Deletions from Agenda: Additions to Agenda: Approval of Minutes: March 19, 2012 and March 26, 2012 APPROVED Commissioners' Reports **PLEASE NOTE: THERE IS LIMITED FREE PUBLIC PARKING ON THE SOUTHEAST CORNER OF 6TH AND WHITE STREETS. ** LAND USE ITEMS NOTE: Copies of Staff Report(s) for Land Use Items are available on the back table within the hearing room. 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 RZ IBEW REZONE APPROVED 3-0 Property Owner(s): Local Union 969 Building Association Representative(s): Clifton Vineyard Church, Hiram J. Reyez Location: 3210 E Road, Clifton (32 & E Rds) Zoning: PUD Planner: Christie Barton, , Christie.barton@mesacounty.us Request: Rezone from Planned Unit Development (PUD) to General Commercial (C-2) in conformance with the Future Land Use Map. Staff Recommendation: Approval MCPC Recommendation: Approval, 6-0 **END OF CONSENT ITEMS**

2 BOCC April 23, 2012 Page 2 of 4 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. 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 VA CUNNINGHAM REDLANDS VACATION OF RIGHT OF WAY APPROVED 3-0 ON CONSENT Property Owner: Mesa County Adjacent Property Owners: Vernon O. & Rosia J. Pace; Howard & Maureen Holt James & Sandra Maguire; Michael & Vicky Mathwig; James & Barbara Jackson Representative(s): Walter Eldridge Location: Rd; Rd; 1979 Cunningham Ave; Rd; Rd; Grand Junction (20 & E 7/8 Rds) Zoning: RSF-2 Planner: Christie Barton, , Christie.barton@mesacounty.us Request: Vacation of 40-foot wide unbuilt right of way on the F Road alignment between 19 3/4 Road and 20 Road, an additional 5-foot wide right of way on the Holt Subdivision plat on the F Road alignment; and vacation of 20-foot wide unbuilt right of way on the east side of 19 3/4 Road. Both vacations are located on the Cunningham Redlands Plat recorded in 1912, in Blocks 142 and 143. Staff Recommendation: Approval for the vacation of the F Road right of way and denial for the 19 3/4 Road right of way SNA F Road Name Change to Patterson Road APPROVED 3-0 ON CONSENT Location: F Rd from a point just west of Lodgepole Street east to 31 Road Planner: Linda Dannenberger, , linda.dannenberger@mesacounty.us Request: Approval of a street name change from F Road to Patterson Road in the location stated above. In 2011, the City of Grand Junction approved the street name change from F Road to Patterson Road within their municipal boundary which terminates just west of Lodgepole Street. This request seeks to allow Patterson Road to be signed and properties addressed continuously to the 31 Road intersection to remedy the current situation where the Patterson Road name ends mid-block between road intersections. Staff Recommendation: Approval of the street name change from F Road to Patterson Road from Grand Junction city limits on the west to 31 Road on the east. **END OF HEARING ITEM(S)** RESOLUTION(S): APPROVED VA APPROVAL OF THE VACATION OF AN UNIMPROVED FORTY FOOT WIDE SEGMENT OF ROAD RIGHT OF-WAY LOCATED ADJACENT TO 2187 M ROAD, GRAND JUNCTION

3 BOCC April 23, 2012 Page 3 of VA APPROVAL OF THE VACATION OF RIGHT OF WAY OF THE SOUTHERN PORTION OF SOUTH 21 1/2 ROAD WHERE IT CROSSES PRIVATE LAND SOUTH OF BLM PROPERTY (PARCEL NUMBER ) TO THE INTERSECTION OF JS ROAD, GLADE PARK CP1 CORRECTION OF RESOLUTION MCM APPROVAL OF THE EXPERIUS COMMUNITY AT GATEWAY CANYONS PLANNED UNIT DEVELOPMENT (PUD) CONCEPT PLAN FOR A RESIDENTIAL COMMUNITY TO INCLUDE APPROXIMATELY 340 RESIDENTIAL LOTS, OPEN SPACE AND TRAILS, LODGING, WINERY WITH VINEYARDS AND GREENHOUSE, OBSERVATORY, AND RECREATIONAL FACILITIES FOR PROPERTY CONTAINING APPROXIMATELY 416 ACRES OF LAND LOCATED EAST OF THE GATEWAY CANYONS RESORT FR1 RELEASING PROPERTY FROM DEVELOPMENT IMPROVEMENTS AGREEMENT AND GUARANTEE, Desert Vista Subdivision Filings 3 & 4 **END OF RESOLUTION(S)** ROAD PETITION(S): APPROVED 3-0 No FOR ACCEPTANCE AND MAINTENANCE OF A ROADWAY INTO THE MESA COUNTY ROAD SYSTEM, Desert Visa Filings 3 & 4, Martin Lane No FOR ACCEPTANCE AND MAINTENANCE OF A ROADWAY INTO THE MESA COUNTY ROAD SYSTEM, Desert Visa Filings 3 & 4, Dyer Road No FOR ACCEPTANCE AND MAINTENANCE OF A ROADWAY INTO THE MESA COUNTY ROAD SYSTEM, Desert Visa Filings 3 & 4, Los Broncos Road No FOR ACCEPTANCE AND MAINTENANCE OF A ROADWAY INTO THE MESA COUNTY ROAD SYSTEM, Desert Visa Filings 3 & 4, Los Bronco Court No FOR ACCEPTANCE AND MAINTENANCE OF A ROADWAY INTO THE MESA COUNTY ROAD SYSTEM, Country Meadows Filing Two, West Cedar Meadows Court No FOR ACCEPTANCE AND MAINTENANCE OF A ROADWAY INTO THE MESA COUNTY ROAD SYSTEM, Country Meadows Filing Two, Baseline Drive No FOR ACCEPTANCE AND MAINTENANCE OF A ROADWAY INTO THE MESA COUNTY ROAD SYSTEM, Country Meadows Filing Two, Elm Lane No FOR ACCEPTANCE AND MAINTENANCE OF A ROADWAY INTO THE MESA COUNTY ROAD SYSTEM, Country Meadows Filing Four, Foxwood Court West No FOR ACCEPTANCE AND MAINTENANCE OF A ROADWAY INTO THE MESA COUNTY ROAD SYSTEM, L & M Estates, I 3/8 Court UNSCHEDULED BUSINESS **END OF ROAD PETITION(S)**

4 BOCC April 23, 2012 Page 4 of 4 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 or TDD ). -end- CERTIFICATION OF POSTING On April 19, 2012 at 4:00 p.m., B. Linn did post the above public notice of meeting on the East Entrance bulletin board at 544 Rood Avenue, Grand Junction, Colorado on the above-referenced AGENDA.

5 MARCH 19, 2012 CALL TO ORDER At 10:30 a.m., Acting 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 Janet Rowland, via telephone; Angela Barnes, Assistant County Attorney; Linda Dannenberger, Planning Division Director; Ron Quarles and Paul Sizemore, Planning; and Roberta Raley, Clerk to the Board. (Minutes transcribed by Roberta Raley, Clerk to the Board.) Commissioner Acquafresca noted for the record that Chair Meis was excused from today s hearing and Commissioner Rowland is at home ill but is joining us by telephone. Angela Barnes asked Commissioner Rowland to identify herself and acknowledge that she has the packet of information for this hearing. Commissioner Rowland acknowledged herself and that she had the information RZ CHRISTENSEN REZONE. LAND USE CONSENT AGENDA Property Owners: Location: David Christensen, Judy Rorem, and A. Perry Christensen 2581 I Road, Grand Junction A request to rezone approximately 25 acres of land described as Lot 1 and 2 of the Christensen Minor Subdivision from PUD to RSF-E. Discussion on Consent Agenda Item: There was no discussion. JANET ROWLAND MOVED, STEVEN ACQUAFRESCA SECONDED, AND MOTION CARRIED TO APPROVE THE CONSENT AGENDA, AS ENTERED INTO THE RECORD. (This space intentionally left blank) Page 1 of 4

6 APPROVAL OF MINUTES FEBRUARY 13, 2012 and FEBRUARY 27, 2012 JANET ROWLAND MOVED, STEVEN ACQUAFRESCA SECONDED, AND MOTION CARRIED TO APPROVE THE MINUTES OF FEBRUARY 13 AND FEBRUARY 27, HEARING ITEM CUP HIGH COUNTRY ORCHARDS CONDITIONAL USE PERMIT. Property Owner: High Country Orchards, Theresa High Location: 3548 E 1/2 Road, Palisade (East Orchard Mesa) A request for approval of a Conditional Use Permit to hold minor entertainment events on a property zoned AFT. Paul Sizemore entered into the record the project name High Country Orchards Conditional Use Permit, project file # CUP, project review dated February 9, 2012, Mesa County Land Development Code, Mesa County Master Plan, and the PowerPoint presentation (exhibit A). Paul reviewed the project; the Code criteria; and the conditions of approval. Staff received three letters with concerns regarding the CUP. Staff and the Mesa County Planning Commission recommended approval with conditions. Commissioner Acquafresca asked about the condition the Mesa County Planning Commission added because a nearby land owner was concerned with frequency of events. Paul stated that was correct; in another CUP, there was a limit of 24 events within six-months. Commissioner Acquafresca stated that could be one event per weekend for the spring and summer months. Applicant, Theresa High, 3548 E ½ Road, stated they live on site; they intend to be good neighbors and do not want to cause a disruption of life to their neighbors. They have had discussions with the neighbor with concerns. Commissioner Acquafresca stated the code provisions were there not to convert an AFT area into a commercial area but rather create an opportunity for legitimate farmers and ranchers that wish to meet this need of the community. There were no public comments. (Continued to the next page) Page 2 of 4

7 Commissioner Acquafresca stated last June he was with a group that toured this property; the applicant is in the orchard/vineyard business; the place reflects the commitment to the agricultural industry on East Orchard Mesa. This is an appropriate application that meets the very purpose of the Special Events provision in the Code. Commissioner Rowland stated this is a Conditional Use Permit; if in the future it is necessary, the applicant can come back for changes. JANET ROWLAND MOVED, STEVEN ACQUAFRESCA SECONDED, TO APPROVE ITEM CUP THE HIGH COUNTRY ORCHARDS CONDITIONAL USE PERMIT TO HOLD MINOR ENTERTAINMENT EVENTS ON A PROPERTY ZONED AFT WITH ALL THE CONDITIONS AS ENTERED INTO THE RECORD; Commissioner Acquafresca noted that Paul Sizemore walked through the review summary citing the Code and what conditions make it possible for the Code to be met. JANET ROWLAND STATED TO ADD THAT TO HER MOTION, AS WELL; MOTION CARRIED. RESOLUTIONS STEVEN ACQUAFRESCA MOVED, TO APPROVE THE FOLLOWING RESOLUTIONS, JANET ROWLAND SECONDED, AND MOTION CARRIED: VA APPROVAL OF THE VACATION OF RIGHTS-OF-WAY OF: A PORTION OF FOSTER LANE WHERE THE ROAD HAS BEEN ABANDONED; A PORTION OF THIRD STREET WEST OF GAYLORD STREET AND EAST OF COFFMAN ROAD; AND A PORTION OF DESERT ROAD NORTH OF HIGHWAY 141 TO THE HIGHWAY 50 RIGHT-OF- WAY; ALL IN THE WHITEWATER AREA; SPA DENIAL OF THE APPEAL OF AN ADMINISTRATIVE DECISION TO NOT ACCEPT A MAJOR SITE PLAN APPLICATION FOR REVIEW FOR AN INDUSTRIAL USE ON A LOT WITHOUT SANITARY SEWER AS PER RESOLUTION MCM ; AND POL APPROVAL OF AMENDMENTS TO THE MESA COUNTY STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION - ROAD ACCESS POLICY, ADOPTING A NEW FIGURE 4-4 TITLED LOMA CIRCULATION PLAN. (Resolutions on file at the Mesa County Clerk s Office; VA recorded in Book 5275, at Pages , Reception No , Resolution File No. MCM ; SPA recorded in Book 5275, at Pages , Reception No , Resolution File No. MCM ; and POL recorded in Book 5275, at Pages , Reception No , Resolution File No. MCM ) (This space intentionally left blank) Page 3 of 4

8 ADJOURN With no further business to come before the Board, Acting Chair Acquafresca adjourned the meeting at 11:10 a.m. Sheila Reiner, Mesa County Clerk and Recorder Roberta Raley, Clerk to the Board Steven Acquafresca, Acting Chair (Verbatim digital files of the Commissioners Proceedings of March 19, 2012, are on file in the Mesa County Clerk s Office.) Page 4 of 4

9 MARCH 26, 2012 CALL TO ORDER At 10:30 a.m., Chair Craig J. Meis 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 Commissioners Steven Acquafresca and Janet Rowland; David Frankel, Assistant County Attorney; Linda Dannenberger, Planning Division Director; Paul Sizemore, Christie Barton, and Ron Quarles, Planning; and Roberta Raley, Clerk to the Board. (Minutes transcribed by Roberta Raley, Clerk to the Board.) APPROVAL OF MINUTES FEBRUARY 27, 2012, JOINT MEETING OF THE MESA COUNTY BOARD OF COMMISSIONERS AND THE MESA COUNTY PLANNING COMMISSION STEVEN ACQUAFRESCA MOVED, CRAIG J. MEIS SECONDED, AND MOTION CARRIED TO APPROVE THE FEBRUARY 27, 2012, MEETING MINUTES. (Commissioner Rowland abstained; she was excused from that meeting.) LAND USE CONSENT AGENDA VA CURRIER VACATION OF RIGHT-OF-WAY. Property Owners: Representatives: Location: Walter and Phyllis Currier Barbara Butler and Paula Moore Road An application to vacate an unimproved 40-foot wide segment of public right-of-way running along the eastern boundary of the subject property VA SOUTHERN PORTION OF S 21 1/2 ROAD VACATION OF RIGHT-OF-WAY. Property Owners: Ronald Tipping, Rodney Power and William Patterson, Bear Run Ranch Trust, James Fromm, and Ronald Smith Representative: Location: James A. Beckwith 18420, 18490, 18550, and JS Road; and 6561 S 21 1/2 Road, Glade Park (Continued to the next page) Page 1 of 3

10 A request to vacate the southern portion of S 21 1/2 Road where it crosses private land south of BLM property (parcel number ) to the intersection of JS Road. Discussion on Consent Agenda Items: 2. Commissioner Acquafresca asked if this would affect any access to BLM. Christie Barton stated it will not affect access, the BLM will still be accessed from 21 ½ Road South. STEVEN ACQUAFRESCA MOVED, JANET ROWLAND SECONDED, AND MOTION UNANIMOUSLY CARRIED TO APPROVE TODAY S CONSENT AGENDA, MARCH 26, RESOLUTIONS CP APPROVAL OF THE OTTER CREEK GRAVEL PIT PLANNED UNIT DEVELOPMENT (PUD) CONCEPT PLAN FOR PROPERTY CONTAINING APPROXIMATELY ACRES OF LAND, LOCATED EAST OF 32 ½ ROAD AND SOUTH OF D ½ ROAD; Discussion: Linda Dannenberger stated this is the gravel pit request for a PUD rather than a CUP; the hours of operation in the resolution are the same hours of operation as the adjacent pit on the Clifton Sanitation property. Commissioner Acquafresca stated he wanted the hours of operation to be consistent. Linda Dannenberger stated she thought that there might have been an expectation that the hours were reduced for the Clifton Sanitation Pit, however, they are at the maximum allowed by the Code. Chair Meis stated he too, wanted to be consistent; if the operators are not good neighbors it will come back to the Board. JANET ROWLAND MOVED, STEVEN ACQUAFRESCA SECONDED, AND MOTION UNANIMOUSLY CARRIED TO APPROVE RESOLUTIONS: CP APPROVAL OF THE OTTER CREEK GRAVEL PIT PLANNED UNIT DEVELOPMENT (PUD) CONCEPT PLAN FOR PROPERTY CONTAINING APPROXIMATELY ACRES OF LAND, LOCATED EAST OF 32 ½ ROAD AND SOUTH OF D ½ ROAD; RZ APPROVAL OF THE CHRISTENSEN REZONE FOR A REZONE FROM PUD TO RSF-E ON APPROXIMATELY 25 ACRES OF LAND, LOCATED ON PROPERTY SOUTH OF I ROAD AND WEST OF 26 ROAD; AND CUP APPROVAL OF THE HIGH COUNTRY ORCHARDS CONDITIONAL USE PERMIT TO HOLD MINOR ENTERTAINMENT EVENTS ON PROPERTY LOCATED IN THE AGRICULTURE, FORESTRY, TRANSITIONAL (AFT) ZONE DISTRICT, ADDRESSED AS 3548 E ½ ROAD, PALISADE, CO. (Continued to the next page) Page 2 of 3

11 (Resolutions on file at the Mesa County Clerk s Office; CP recorded in Book 5277, at Pages , Reception No , Resolution File No. MCM ; RZ recorded in Book 5277, at Pages , Reception No , Resolution File No. MCM ; and CUP recorded in Book 5277, at Pages , Reception No , Resolution File No. MCM ) ADJOURN With no further business to come before the Board, Chair Meis adjourned the meeting at 10:45 a.m. Sheila Reiner, Mesa County Clerk and Recorder Roberta Raley, Clerk to the Board Craig J. Meis, Chair (Verbatim digital files of the Commissioners Proceedings of March 26, 2012, are on file in the Mesa County Clerk s Office.) Page 3 of 3

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