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Home My WebLink About2.0 Staff Report PC 9.10.97PC 9ll0l97 PROJECT INFORMATION AND STAFF COMMENTS @: APPLICAITIT: LOCATION: SITE DATA: lilAIEB: WEB: @: EXISTING ZONING: ADJACENT ZONING: Zone District Change from A/R/RD to R/L/SD Marlin (Colorado), Ltd. Parcel located approximat"rv /"ffi\ y'r" south of Glenwood Springs, at t\e eflyfpaX Lane in the Westbank SuMivision\:Z .461 Acres NA NA Oak Lane AIR/RD A/R/RD - north A/R/RD - west R/L/SD - south A/R/RD - east I. II. The tracts of land are designated as Medium Density Residential (6-less than 10 dtr/ac) onthe Glenwood Springs propo-sed Land Use Districts Map of the Comprehensive Plan of 2000, Study Areas I-3. DESCRIPTION OF TIIE PROPOSAL A. Site Description: The subject property is located on a hillside on the west side of no*ir,g foit-ni*r, at the end ofOak Lane. The applicant's property is located on a piece of property adjacent to the north side of the Westbank SuMivision and is m. presently unimproved. B. Request. The applicant is requesting that the property be rezoned from A/RiRD to R/L/SD .(See application pgs. The proposed rezoning is a requirement ofthe Board of County Commissioners to complete anamendment to the Westbank Ranch Planned Development SuMivisiorl Filing No. I . The property being rezoned will be conveyed to the Westbank Homeowners Association and it will become apart of the Common Open Space in the Westbank suMivision. MAJOR ISST]ES AIYD CONCERNS A. Applicable State Regulations. State statutes establish standards of review for r.^ringr. The standard used to review a rezoning request depends on whether the proposed rezoning is in compliance with the comprehensive plan. If so, the proposed iezoning 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 (1) that an error was made in establishing the current zor.nng, or (2) that there has been a change in the conditions ofthe neighborhood that supports the requested zone change. 1. COMPLIANCE WITH COMPREITENSTYE PLA}I As noted previously Comprehensive Plan shows the property in question as Medium Densrty Residential 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 suffiivision , which is identffied on the same map as an existing suMivision. To be consistent with the suMivision zoning, it is appropriate to rezorrte the property in question to be consistent with the existing suMivision zor.lung. 2. ERROR IN ESTABLISHED ZOI\IING The property 's current zontng of A/R/RD was originally established in the early 1970's, when the area was originally zoned.. The property in the Westbank suffiivision 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 ofthe land at that time. Staffcarurot conclude that the property was zoned in error. IV. 3. CHANGE OF CIRCUMSTAI\CE Since the property was originally zoned, the property ownership has changed and the present land owners are proposing to develop the property as large lot residential and discontinue the agricultural activities. As a part ofthat change, the need to limit the number of vehicles accessing and leaving the property became an issue. The conveyance ofthe property to Westbank Homeowners Association as common open space will allow the property owners in the suMMsion a much stronger ability to preclude any increase in the traffic beyond the agreed upon trips per day, without their approval. B. Applicable County Regulations. Few directions 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 health, safety and welfare. l. COMPATIBILITY WITH ADJACENT USES: The propertyto the south ofthe property in question is zoned R/L/SD and it is appropriate to rezone the property to be added to the Westbank subdMsion with zoning consistent the subdivision zoning. 2. PUBLIC HEALTH, SAFETY AND WELFARE: The proposed zoning of the property to R/L/SD will not result in any significant healtlU 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 Zone District Amendment have been complied with including, but not limited to, Section 10.00 of the Garfield County Zonng Resolution of 1978, as amended. 2. That the public meeting before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That the proposed zoning is in general compliance with surrounding land uses and zoning in Garfield County. l 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 recommend APPROvAL of the application for azone district amendment. 'L /(Pf? 4