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Park County sends de-annexation report to Powell, recommends transitional zoning and asks city to review annexation legality
Summary
After reviewing three de-annexation petitions from the City of Powell, the Park County Board voted to send an impact report recommending that the parcels be zoned 'transitional' under county rules and that the city review whether two parcels were lawfully annexed originally.
Park County commissioners voted July 15 to forward a formal report to the City of Powell on three de-annexation petitions affecting parcels owned by Griffin, Miller and Peterson, recommending that the county zone the parcels as 'transitional' pursuant to county regulations and asking Powell to review the legal history of the Miller and Peterson parcels to determine whether they were lawfully annexed.
Joy (Planning and Zoning staff) told the board she had contacted the landowners; they said they would accept GRP (general rural Powell) but planning staff and the county attorney advised the county follow its current regulations that specify de-annexed territory be zoned transitional. Joy reported that the Griffin parcel would be an isolated transitional parcel surrounded by GRP; the Miller property would be split between GRP and transitional zoning; and the Peterson property would have the smaller southern parcel zoned transitional while the larger northern parcel would be GRP.
Planning staff recommended three items for the county's impact report: (1) the city should ensure any necessary easements for access, utilities and irrigation to serve the Miller and Peterson parcels are recorded; (2) following de-annexation, the county should zone parcels as transitional pursuant to county regulations; and (3) the city should examine whether the Miller and Peterson parcels were mistakenly included in the original annexation ordinance because county deed research suggests the city did not own those parcels at the time the ordinance described them.
Board members said they prefer to follow the county attorney's guidance to apply transitional zoning and to transmit the report to Powell. A motion to forward the report, inclusive of the three recommendations, passed by voice vote. The county will send the report within the statutory period following the May 29 petition receipt, and staff noted another de-annexation petition had been received that day.
