HomeMy WebLinkAbout3.0 BOCC Staff Report 12.17.2007BOCC Exhibits (12/17/2007)
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
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BOCC 12/17/2007
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PROJECT INFORMATION AND STAFF COMMENTS
REQUEST
APPLICANT/PROPERTY OWNER:
REPRESENTATIVE:
LOCATION:
SITE INFORMATION:
ACCESS:
EXISTING ZONING:
PROPOSED ZONING:
ADJACENT ZONING:
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 II 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.
The Planning Commissioner heard this application on November 28, 2007. At this meeting the
Planning Commission recommended that the Board of County Commissioners approve the requested
rezone by a vote of 6-0.
1
Four Mile Road
-ccurt,.. a;m,
Charlotte Zilm
2
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 PLJD. 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 Zilrns acquired the parcel through a patent from the Bureau of Land Management (I3LM).
At the time of acquisition, the parcel was within the Open Space PIS) zone district. However,
the current, official Garfield County Zoning Maps designates the property within the AIRIRD
zone district. This designation appears to conflict with the original zoning traps 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. Technically,
due to several past Boundary Line Adjustments, the area subject to rezoning is approximately 10
acres is size whereas the entire parcel is 13.78 acres. 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.
3
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
7
7 i ".. R 89 17 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
100 200 400 Feet
OPEN 77ACE
Ziim
Comprehensive Plan Designation
1W ma
0o Feel
5
nalp 1-,,1,s saes _21.15 - eane_1
Valve
Zilm
Aerial Photo
0 100 200 400 Feet
II
I
6
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11,
AILIJC tit,
SUOiep Pa�cei I
o
Zilm
Hazards Map
0 100 m0
400 Feet
Zilm
Aerial Photo
35 70
140 FM
w+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 Plan). If so, the proposed rezoning need only bear a reasonable relationship 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 2 acres per dwelling unit) then is peiniitted under the ARRD zoning
(minimum lot size of 2 acres) which is requested by the Applicant. As a result, the requested zoning
is in compliance with the Comprehensive Plan. Staff 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 Board of County Commissioners approve the rezoning of Zilm parcel number
239503400051 from OS to ARRD."
9
December 17, 2007
Garfield County Commissioners:
Dear Commissioners:
6
C1 ar/oL*e /ilm
0013 Laird Lane
Glenwood Springs, Colorado 81601
(970) 945-5778 e mail czi/m13@comcasf. net
Hearings before the County this date for property owned by
Charlotte B. Zilm
I'm hoping I can submit this letter to the Commissioners for two reasons.. First, I have
chronic condition that affects my voice and I tend to cry..(not pretty).
I received notice just 4 hours before the scheduled hearing that an Assistant County
Attorney felt there could be a potential problem with the Comprehensive Plan. I would
like to give a history of how I arrived here
I applied for a permit to add an accessory dwelling in the upper part of our barn and
found that Garfield County had conflicting zoning applied to the property in question.
I made every effort to satisfy the questions asked and felt with approval of the planning
commission I had done so. I had a permit for the barn. I participated in the
development of the comprehensive plan. We were the 1St people in Garfield County to
go through subdivision and in all these years have never had a deficiency. We were as
good as our word and provided everything we were required to do.
I am an accommodater and a "compliance person". I don't know what more I could
have done to satisfy the requirements. The county is seeking affordable housing for
critical people. I love where I live. I hope to have a plan to be able to stay here. I
have been the end -of -life caregiver for my family and my husbands and know what is
involved in home health care — assisted living and nursing home care.. I know that life
is a journey and ever-changing. This is true of the Comprehensive Plan, also. It had
been characterized as a fluid document that is advisory. Life changes, plans change,
goals change. It seemed like a win-win situation.
Page 2 Garfield County Commissioners December 17, 2007
I have not had opposition to the noticed meetings presented to me personally. I had
many phone calls from my neighbors; notably the Cooks and the Houston's who said
they would be willing to care for me in my infirmaries...I also have prominent land use
attorneys and personal injury attorneys who are noticed neighbors who have not raised an
objection with us.
I have paid taxes on the property over the years; I am not a government entity that would
allow Open Space as zoning. Several acres are zoned ARR D and would allow a
future home.
I am asking for an auxiliary dwelling unit to accommodate a caretaker (land and people
in the future)....who would have a full-time job.
I do not wish to sell off individual parcels or put in multi -family dwellings. I am the
family farmer and I wish to remain a good shepherd of the land and be able to have the
ability to build a home in the future when it is necessary for all -on -one floor plan, wider
doorways and other items identified for senior citizens.
I would request you to rezone me ARRD to accommodate an ADU and single family
home on 13+ acres as noticed and as being appropriate for the land.
Respectfully submitted
Charlotte B. Zilm, Applic
