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Home My WebLink About3.0 Staff Report BOCC 5.20.02REOUEST: ABPLICANT: WATER: SEWER: EXISTING ZONING: ADJACENT ZO]TIING: PROJECT INFORMATION AND STAFF COMMENTS BOCC 3120102 MLB Zone District Change from AIR/RD to R/L/SD Marlin (Colorado), Ltd. Parcel located approximately one (l) mile south of Glenwood Springs, at the enc of Oak Lane in the Westbank SubdMsion. .46?Acres NA NA Oak Lane A/R/RD A/R/RD - north A/R/RD - west R/L/SD - south A/R/RD - east II. The tracts of land are designated as Medium Density Residential (6-less than l0 dtr/ac) onthe Glenwood Springs propo-sed Land Use Districts Map of the Comprehensive Plan of 2000, Study Areas I-3. DESCRIPTION OF THE PROPOSAL Site Description: The subject property is located on a hillside on the west side of R"*-g F*k River, at the end ofoak Lane. The applicant's property is located on a piece of property adjacent to the north side of the Westbank Subdivision and is m. presently unimproved, except for a road easement crossing a portion ofthe property. B. Request. The applicant is requesting that the property be rezoned from A/R/RD to nfysp .(See afp[cation pgs. 5 - 'l ) The proposed rezoning is a requirement of the Board of bo,rnty Commissioners to complete an amendment to the Westbank Ranch Planned Development Subdivisioq Filing No. 1. The property being rezoned will be conveyed to the Westbank Homeowners Association and it will become a part ofthe Common Open Space in the Westbank subdivision' MAJOR ISSUES AND CONCERNS A. Applicable State Regulations. State statutes establish standards of review for r"^"irg. The standard used to review a rezoning request depends on whether the p.opor"d rezoning is in compliance with the comprehensive plan. If so, the proposed i"rorirg need only bear a reasonable relationship to the general welfare of the community. If the rezoning would be in conflict with the comprehensive plan, the applicant generally needs to show either (l) that an error was made in establishing the current ioning, or (2) that there has been a change inthe conditions ofthe neighborhood that supports the requested zone change. 1. COMPLIANCE WITH COMPREHENSIVE PLAI\ As noted previously Comprehensive Plan shows the property in question as Medium Density Residentia|on the Proposed Land Use Districts map. The proposed rezoning would not be technically in compliance with the proposed land use districts for the area, but the intent of the rezoning is to add a piece of property to the Westbank subdivision , which is identified on the same map as an existing subdivision. To be consistent with the subdivision zoning, it is appropriate to rezone the property in question to be consistent with the existing subdivision zoning. 2. ERROR IN ESTABLISIIED Z,ONING The property 's current zoning of A/R/RD was originally established in the early 1970is, when the area was originally zoned.. The property in the Westbank subdMsion were probably zoned according to some ofthe smaller lot sizes in it. The property north of the suMivision was a ranch atthattime and was zoned A/R/RD as a reflection ofthe use of the land at that time. Staffcannot conclude that the property was zoned in error. 2 B. 3. CHANGE OF CIRCUMSTANCE Since the property was originally zoned, the property ownership has changed and the present land owner, *" p.iposing.to develop the property as large lot residential and discontinue the agricultural activities. es a part oftt'ut change' the need to limit the number of vehicles accessing and leaving ihe property became an issue' The conveyance of the property to westbank Homeowners Association as common open space will allow tfr" pt"p"tty owners in the subdivision a much stronger ability to preclude any increas" l" tt. tiaffic beyond the agreed upon trips per day, without their approval. Applicable countv Regulations. Few d_irections are provided in the county zonng Resolution as to criteria for rezonings. Historically, the County Commissioners have required that three (3) basic findings be met. These include compliance with procedural requirements of Section 10, that the amendment is in general compliance with surrounding land uses and zoning and that the amendment is in the general interest of public healttu safety and welfare' C0MPATIBILITYWITHADJACENTUSES:Thepropertytothesouth ofthepropertyinquestioniszonedR/L/SDanditisappropriatetorezonethe ;;;;y to be added to the westbank su6ivision with zoning consistent the subdMsion zoning. puBLIC HEALTII, SAFETY AI{D WELFARE: The proposed zomng of tt" prop".ty to vI-/sD will not result in any significant hgalth, safety and welfare issues, since it will be in common ownership of the subdivision homeowners and will not be developed for any purpose other than to allow a private access easement and emergency vehicles to cross over it. SUGGESTED FINDINGS 1. That all applicable regulations regarding a Z]ne-District Amendment have been complied with including, but not Imited to, Section 10'00 of the Garfield County ZoingResolution of 1978, as amended' 2. That the public hearing before the Board of county commissionerswas extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting' 3. The Garfield County Planning Commission recofitmended approval of the proposed zone district amendment' 1. Iv. 3.Thattheproposedzoningisingeneralcompliancewithsurroundinglandusesand zoning in Garfield CountY' 4. That the proposed zoning is in the best interests of the public health, safety and welfare of citizens of Garfield County' V. RECOMMENDATION The Planning commission recoillmended APPROVAL of the application for a zone district amendment from A/R/RD to R/L/SD' 4 (-o./f (('.'-9-E7',.'.. ---i r \ );;,i4'..- T '')/ rQi/cit\\/ cri ^c I - rrl ;' Ii *' ^5- $ $'Yl l+Z;' Bt-riu€ ,' E* ;*.ffiugE;5r a I ) lr+\{\\ \ \ \---l \-\',. I I RE C EIVED opn , s 20Bz Applicant: Marlin (Colorado), Ltd. c/o Neiley & Alder 201 North Mill Street, Suite 102 Aspen, Colorado 81611 Real Property: The Preserve at Prehm Ranch, County of Garfield, State of Colorado, Representative: Richard Y. Neiley, Jr., No. 9878 Eugene M. Alder, No. 13117 Neiley & Alder 201 North Mill Street, Suite 102 Aspen, Colorado 81611 (970) e2s-e3e3 APPLICATION BEFORE THE GARFIELD COUNTY BOARD OF COUI{TY COMMISSIONERS FOR ZONE DISTRICT MAP AMENDMENT -L APPLICATION BEFORE THE GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS FOR ZONE DISTRICT MAP AMENDMENT This Application is submitted as part of the comprehensive resolution of a dispute regarding a south access drive between Prehm Ranch and the public right-of-way in the Westbank Ranch Subdivision known as Oak Lane. The Applicant, Marlin (Colorado), Ltd., has agleed to convey to the Westbank Ranch Homeowners Association a parcel of land comprised of just over 20,000 square feet along the common boundary between Prehm Ranch and Westbank Ranch. A private access drive will be located across a portion of the parcel and will facilitate access between the public right-of-way and Prehm Ranch. On April 8,2OO2,the Garfield CountyBoard of County Commissioners approved an Amendment to the Plat of Westbank Ranch Subdivision, Filing No. 1, and an Amendment to the Prehm Ranch Exemption Plat. The Amendments allow for the conveyance of a parcel of land from the Applicant to Westbank and for the inclusion of the Prehm Ranch access drive. A condition of the approvals is that the parcel of land to be conveyed must be rezoned from the existing A/R/RD to R/L/SD. The entire Westbank Ranch Subdivision is presently zoned R/L/SD. The subject parcel of land will be incorporated into Westbank Ranch Subdivision as a common open space parcel. The parcel will be not less than 20,000 square feet so as to comply with the minimum lot size in the R/L/SD Zone District. Notwithstanding compliance with the zone district's minimum lot size, the common open space parcel will not be available for development except for the Prehm Ranch access drive and related facilities, including fencing, a security gate and counting system, and landscaping. The proposed uses have been reviewed and approved by both the Westbank Ranch Homeowners Association and the Board of County Commissioners. This Application is submitted pursuant to Section 10.00 of the Garfield County ZoningResolution of 1978, as amended. The Applicant seeks an amendment to the boundary of the zone district which comprises the Westbank Ranch Subdivision. Applicant is the only owner of the land to be rezoned. Following rezoning, it will be conveyed by Applicant to the Westbank Ranch Homeowners Association. Appended hereto is a Plat entitled "Amended Plat of Lot 22, Westbank Ranch Planned Development Subdivision, Filing No. 1." The Plat depicts the boundary of the parcel to be rezoned. That Parcel is located entirely on Applicant's property, known as the Prehm Ranch. The Prehm Ranch is presently zonedin its entirety under the A/R/RD Zone District. The two lots within Westbank Ranch Subdivision adjacent to the parcel to be rezoned, Lots 22 and23, are identified on the Plat. Westbank Ranch Subdivisions, Filing Nos. 1 ,2 and3, are presently zoned R/L/SD. The Applicant requests that Garfield County approve azone district map amendment which rezones the subject parcel to R/L/SD so that it is consistent with the other properties within Westbank Ranch Subdivision when it is conveyed by Applicant to Westbank Ranch Homeowners Association. Appended hereto is a list of names and addresses of property owners within two hundred feet ofthe subject property. RESPECTFULLY SIIBMITTED this 19'h day of April, 2002. NEILEY & ALDER Aspen, Colorado 81611 (e70) 925-e393 Attorneys for Marlin (Colorado), Ltd. , Jr., No. 9878 ,No. 13i17 201 Ii-orth Mill Street, Suite 102 - 8- lr l-ll- lN r nd... l fiil[ ). 80s irPdr'o"o-l /ot / ! -1. o- ;TPo*-i<T qP== -r*X:TOiEgi'i :r t..l)'-o+N;fi @z(, Sq$o-ou o € rra J z o o :J Co @- oo_ N m NGAO<b o, z om o6)o>C:Zn ri >nzo -o N I\\ sqlsdr ' It/ \\'h\ -; i /7:)>- K .\-t--. ";7i /.i ?F T i? "'i.- - - fo: \ li ;[ry i.[=\i_^' \i_/ q =Jffi'.'...\\ '....':.. ts q?rc \'.... \.. '"Y14 ".- aAl= '\-.. \ . '"..tj4r,.'... 8' N s '. ''.:S - -. .,l: \-.- \ )-'/ I " "' =) .-.='=---./. -^ -.-| ...==.1__ + _.i .=-.. / ---q ,n;l.l - d u tr'l \\\\\ E t/ /-=--,..-- ti I rrl1]>a2Z DA1>o a)m6a z G o!rri b@-@N.N = -Un TrlI n zo- t o ?0r>.U a l.tr a€ m\c)| U)3= A z ,5 ru -i.' -No crl NN-N ..-uo €_s>Oo7r<oo< ,n'' zy-o rNri "isll>om CJr m am rnzI -aAn @t>' @Il*> o loiB nmo n k c) .D tz ,/\.H -a @U @o an: _c2t- n.a :r u>llzG'-'l a9oo'@ 1OI +9 l{AY-08-02 l,lED 09:32 A}l Neiley & Atder FAX N0, 970+925+9396 P, 07/0? [] I'lu'u,., Ruyly To (rS00 iligl,'v.ry 82, Snite .l, tJ1pr. l-u,ol (il*,r*r,,rJ Sprirrl':s, Color.rrlc, 8l 601 (970)t28-e3e"l lr.rx (970) 928-9;9, NEILEY SE ALDER ATTOIlNEYS LI I'1. n... li,r1,ly'[',, 2U I N,,rtir MiJl ittr,t't, Suit" I ()il r\rrl.tt, Crrl,rt'.t,.1,r S I t'l l, I (u"/0) t)l$-9';t1; I:'' ' (()70) 92$ -9 i 9(r Iticl.n'J )'. N..il".y, Jr. Iirr;icnc Ir'1. AlJ.t May 8,2002 VIA IIACSIM II,ti TR ANSMISSIT]N (9i(,) 3tl4-3470 Mr, Mruk llirirtt C tr rllrtl d ('ott nly Contni rtni I y Dcvclolltticnt 109 I'iightlr Slruc'l, Suitc 303 fil,:,irvrood Spriugs, C:fJ 81601 Rcr Pr'clrrn ltanch Application l-or Zone District Map Aurendment I )':lr Matkt Thls lcttcr is a follow-ulr to our telephone sonfrrrcllc$ of this rrrorning rcgarding the ahovc tnattcr. As you krrow, I arn out of town oil il trip plaruretl prior to ths scheduiing o[tltc []larrnirtl; & Zonilrg CornnrissioTl nroetirtg lor touight. As I explaincd, my parhro'r (icnc Aldcr had irrl,uidcrl to attenrl tlro Planning & Zcrning Commission nrecting huL, unflortunately, becartsc of urrtur noltilc ttoutrlc, wilI not he ablc to rclurn fronr oLtL of town uutil after thc ntcctitrg. Inirsrttuch as Madin (Colorarlo), Ltd, is proposilrg to uorlvcy tlie 20,000 squarc foot pirrccl ol'lantl to Wcstbirnk, I arrt confidcut that Wostbank's corurscl Steve Beattie ciu adcquatoly prcsurt tho issrros tclrtcd to this applica(ion. I'lowcvcr, shoulcl any issllcs nrise which cannot bc irdtquatcly adclrssssd srd r$sr)lverl, I would rcqucs[ that thc application be tablcd uutil the Jnne lrr,-:Cli11g. 'flurrtk you for yt:rur a.ssisttrtcc wiflr this rnatter, Very tr'uly yours, N[II.,}JY & ALDER 4 -t .r ,1 ' -),(cthat n fr, /+r_.il ff/,,/_ Iticlrard Y. Ncilcy, Jr. ItYN/ask Ericl,osurps cc: Stcvc []cattie, lisquirc l)on Dr',Fottl, Iisquirci l{AY-08-02 I,IED 09132 Al{ Neiley & Alder FA){ N0, 970+925+9396 P, 01/0? NEILEY & ALDER 201 North Mill Street, Suite 102 Aspen, Coloraclo 81611 Ricirarrl Y. Nciley, Jr. Eug;r:ne M. AlcJer 'l'(i: h{nrl* l}can []ort l]cllurd S{r:vc'l}cntiic ti'Il.{}l\l: ltir:lt Ncilcy DA'1'1,)l M:ty fi, 20t12 'HtuI[,]: 9:?9 anr Nt)iUXllElt ()1,'I'AGI:S (inclutting covcr shect)r 2 (:( )h{ ivl fi I{'r's olt lNs't"RUC [IONS : I.'A C !t TR[I I,H T IT AN SMI S SI ON (s7o) s25-s3e3 r:AX (970) s25-s396 FAX #: 970-384-3474 970-384-500s 970-94s-8671 ()!llGIIllAl.S TIIANSMIT I'l{l} llY; nln NO IICE OF CONTINENTIALITY i't rt: INFOI{MAIION gONTAINLDWITHINTIIlS FACS1MILElllAtlsMlsslON lS ATToRNEY FRMILEGLDAND CoNflnENTlAL rxigitllATtpNltJrLN0FDor,pyroRtHEusEoFl'rtetr'lorvrD0Al"oREN'IlrYTowtttcrllTlsADDREssEo. IFYoUARENoTTHE pi:srEl,uttt o Recrr.rN I or iHrsJrutN.cMtssroN, oR THE EMpLoYEE oR AGINT RESPoNSIBLE FoR t]ELtvERY ofi THI$ ri rr.ilFrii,1,rrrrorj'p, Tt-tE tN'rENDFt) REctpttNT, vou lttu nrnteY Nortrteo rHAf ANY DlssEMtNATloN, olsTRlBurloN oR coFY|NG or. T I ilS c0MiltuNlGnTtoN ls S rfit0Tly pnol ll0 ITED. tF you HAVE REctlVEo rHls coMMUNlcAl'loN lN ERROR' PLEASE I{ETURN riIE tIV\I.J$MISSION O TFIE SENLl[li IlY UNITEO STATE$ MA]L AT THE ADDITESS SET FORTH AEOVE. IF THERE ARE ANY PROBLEMS WITH THIS TRANSMISSION OR lF YOU ItAVE ANY QUESTIONS, PLEASE C0NTAGT ANN AT (s70) 925-s393