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Home My WebLink About2.0 PC Staff Report 11.28.2007PC Exhibits (11/28/2007) Exhibit Letter (A to Z) Exhibit A Garfield County Zoning Regulations of 1978, as amended B Garfield County Comprehensive Plan of 2000 C Staff Memorandum D Application IAC - PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT/PROPERTY OWNER: REPRESENTATIVE: LOCATION: SITE INFORMATION: ACCESS: EXISTING ZONING: PROPOSED ZONING: ADJACENT ZONING: PC 11/28/2007 DP Rezone from Open Space (O/S) to Agricultural/ Residential/ Rural Density (ARRD) Charlotte Zilm Compass Mountain Land Use- Eric McCafferty 13 Laird Lane, Glenwood Springs — Adjacent to Eastern Boundary of Sunlight View II PUD 13.78 acres Laird Lane — Sunlight View lI PUD Open Space (OS) ARRD (Agricultural/Residential/Rural Density) ARRD (Agricultural/Residential/Rural Density) PUD (Planned Unit Development) OS (Open Space) I. THE REQUEST The Applicant, Charlotte Zilm, requests to rezone an approximately 13.78 acre parcel located 3 miles south of the City of Glenwood Springs on Laird Lane (Accessed to Four Mile Road). The property is currently zoned Open Space (OS) and is proposed to be rezoned to Agricultural/Residential/Rural Density (ARRD). This request for rezone is accompanied by a Special Use Permit for the development of an Accessory Dwelling Unit. 1 Four Mile Road 1 Subject Property Lefjertd 0 Charlotte Zilm 415 830 1.660 Feet I II. LAND USE BACKGROUND The Applicant states that: The subject parcel is 13.78 acres in size and is adjacent to the easterly boundary of the Sunlight View II PUD. The parcel was acquired by William and Charlotte Zilm in 1980, and was originally 10 acres in size. Since the time of acquisition, a few boundary line adjustments and amendments have occurred, which has put the parcel into is present size and configuration. The Zilms acquired the parcel through a patent from the Bureau of Land Management (BLM). At the time of acquisition, the parcel was within the Open Space (O/S) zone district. However, the current, official Garfield County Zoning Maps designates the property within the AIR/RD zone district. This designation appears to conflict with the original zoning maps maintained by the Planning Department. It is the opinion of the Planning Department that there are, in fact, zoning inaccuracies contained on the new maps. These inaccuracies do not confer the identified zoning on the affected parcels. Hence, the necessity of this Zone District Amendment application. As can be seen on the GIS Zoning Map on page 2, the subject property is identified as Agricultural/Residential/Rural Density (ARRD). Upon further investigation, the Applicant's representative discovered that the subject property had actually never been rezoned from Open Space (O/S) to ARRD following the Zilm' s acquisition of the property in 1980 from the BLM. A review of the subject property's zoning was prompted by an application for an Accessory Dwelling Unit (ADU) on the same property. III. PROPERTY DESCRIPTION The subject 13.78 acre property is situated between Bureau of Land Management (BLM) property to the east and Sunlight View II Planned Unit Development (PUD) to the west. The parcel can be described as generally flat with a steep incline at the eastern edge of the property. Below are photos, maps and descriptions of the development occurring in the surrounding area: Driveway accessing subject property from Laird Lane, within Sunlight View II PUD. The development on the subject property is circled on the photo to the left. As can be seen, the surrounding development is residential, while the hill behind the subject property is BLM. The current development on the subject property consists of one garage. The subject property extends behind the Sunlight View II Open Space Parcel A. 4 • 23.95-03 T 7 S -R. 8.3 M SEC. 3 Above: This portion of the Assessor's Map shows the Subject Property in relation to the BLM property to the east and Sunlight View II PUD to the west. In addition, the access to the property from Laird Lane is identifiable. Zlm 0 100 200 400 Feet r Zilm Comprehensive Plan Designation 0 100 400 Fee! 5 Zilm Aerial Photo 0 100 200 400 Feet 6 Zilm Hazards Map tw wo 400 Feet ry W+E Zilm Aerial Photo % 70 140 Feet I jj�� W-Q�+E IV. STAFF COMMENTS The Colorado Revised Statutes establish the standards of review for rezoning land in the county. The standards depend on whether the proposed rezoning is in compliance with the Comprehensive Plan (the P1an�. so, - u•j•ItatA ra�.�•,um_ - -. •n y year a reasona e re a ions p to the general welfare of the community. If the rezoning is in conflict with the Plan, the Applicant needs to show either 1) that an error was made in establishing the current zoning, or 2) that there has been a change in the conditions of the neighborhood that supports the requested zone change. At present, the subject property is designated "High Density Residential" which allows for a higher density of development (less then acres per dwelling unit) then is permitte s un s er t e ARRD zoning (minimum lot size of 2 acres) which is requested by the Applicant. As a result, the requested zoning is in com 1p ianceewith the Compre ensive anto offers the following thoughts in addition to the previously provided information: Consistency with the Comprehensive Plan The subject parcel is identified in the Comprehensive Plan as "High Density Residential". This designation allows for a density of less then 2 acres per dwelling unit. In addition, the subject property is not recognized as being within any major hazard areas as identified within the Comprehensive Plan. As the requested zoning of ARRD permits a minimum lot area of 2 acres and the subject property is not within any identified major hazard areas, it is Staff's opinion that the requested zone district change from O/S to ARRD is in substantial conformance with the Comprehensive Plan of 2000 and bears a reasonable relationship to the general welfare of the 7 community. Below is a description of the uses permitted in the ARRD zone district: 3.02 A/R/RD -- AGRICULTURAL/RESIDENTIAL/RURAL DENSITY 3.02.01 Uses, by right: Agricultural including farms, garden, greenhouse, nursery, orchard, ranch, small animal farm for production of poultry, fish, fur -bearing or other small animals and customary accessory uses including buildings for shelter or enclosure of persons, animals or property employed in any of the above uses, retail establishment for sale of goods processed from raw materials produced on the lot; Guiding and outfitting, and park; Single-family dwelling and customary accessory uses. (A. 86-09) Accessory dwelling unit approved as a part of a public hearing or meeting on a subdivision or subdivision exemption or guesthouse special use approved after 7/95 and meeting the standards in Section 5.03.02. Pipeline (Subject to review and approval per procedure and requirements of Section 9.07) (Added 2005-53) 3.02.02 Uses, conditional: Aircraft landing strip, church, community buildings, day nursery and school; group home for the elderly. (A. 97-60) Boarding or rooming houses, studio for conduct of arts and crafts, home occupation, water impoundments. (A. 86-09; 87-108) 3.02.03 Uses, special: Airport utility, feedlot as principal use of the lot, crematorium, agriculture related business, resorts, kennel, riding stable, and veterinary clinic, shooting range facility (A.98- 108); Two-family dwelling, camper park, ski lift and trails; broadcasting studio, communication facility, corrections facility, storage, storage of heavy equipment, golf course driving range, golf practice range and accessory facilities, commercial recreation facility/park;(A. 97-60; 97-112) Mass Transit Facility (added 2002-12) Public gatherings; storage of oil and gas drilling equipment; Site for extraction, processing, storage or material handling of natural resources; utility lines, utility substations; recreational support facilities and guest house. (A. 79-132; 80-64; 80-180; 80-313, 81- 145; 81-263; 84-78; 86-9; 86-84; 86-106; 87-73; 99-025) Accessory dwelling unit meeting the standards in Section 5.03.02 for any lot not created after a public hearing or meeting after 7/95. Temporary Employee Housing (amended 2006-108) Group Residential Facility for Children & Youth (Add 2004-62) 3.02.04 Minimum Lot Area: Two (2) acres; except as otherwise approved in a Cluster Option (2003-17) 3.02.05 Maximum Lot Coverage: Fifteen percent (15%). 3.02.06 Minimum Setback: (1) Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty (50) feet from front lot line, whichever is greater; (b) local streets: fifty (50) feet from street centerline or twenty-five (25) feet from front lot line, whichever is greater; (2) Rear yard: Twenty-five (25) feet from rear lot line; (3) Side yard: Ten (10) feet from side lot line, or one-half 8 (1/2) the height of the principal building, whichever is greater. 3.02.07 Maximum Height of Buildings: Twenty-five (25) feet. 3.02.08 Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regulations). Referrals: City of Glenwood Springs No Comments Received Bureau of Land Management No Comments Received V. STAFF SUMMARY In light of the forgoing, Staff makes the following observations: 1) The proposed rezoning is in substantial compliance with the Comprehensive Plan of 2000 and bears a reasonable relationship to the general welfare of the community; 2) The property was acquired in 1980 from the Bureau of Land Management and had not been rezoned from Open Space; 3) The property is identified as being designated "High Density Residential" within the Comprehensive Plan of 2000; 4) The property was redesignated from Medium/High Density Residential (3-5 acres/du) and Medium Density (6-9 acres/du) to High Density Residential (2 or less acres/du) on February 15, 1996. VI. SUGGESTED FINDINGS 1) That all applicable regulations regarding a zone district amendment have been complied with including, but not limited to, Section 10.00 of the Garfield County Zoning Resolution of 1978, as amended. 2) The proposed rezoning is in substantial compliance with the Comprehensive Plan of 2000 and bears a reasonable relationship to the general welfare of the community; 3) That the proposed rezoning from OS to ARRD is in the best interests of the public health, safety and welfare of citizens of Garfield County. VII. RECOMMENDED MOTION "I move that the Planning Commission recommend that the Board of County Commissioners approve the rezoning of Zilm parcel number 239503400051 from OS to ARRD." 9