HomeMy WebLinkAboutDirector's Determination 12.2020Garfield county
Community Development Department
Director Determination — Unlisted Use
HOA Clubhouse — High Aspen Ranch
December 2020
Background
Pursuant to Section 3-402 (C) of the Garfield County Land Use and Development Code as
amended (the Code), where a particular use type is not specifically listed in the use table, an
Applicant may request an interpretation of the use table. This Director Determination is the result
of a request submitted by Meme Kistner and the High Aspen Ranch Homeowners Association to
consider whether or not a Clubhouse on a parcel owned by an HOA and for common use within
the Development is similar enough to other uses in Table 3-403 listed as a Use By Right in the
Rural Zone District.
II. History
The High Aspen Ranch development was created through the use of the 35 -acre subdivision
exemption in 2000. Because all parcels within the development exceed 35 -acres, approval of a
Subdivision from Garfield County was not required. The properties within the development are
zoned Rural. The subject property is located at 491 High Aspen Drive, Glenwood Springs, CO
81601 and is known by Garfield County Assessor Parcel No. 218931204001.
The subject property is owned by the High Aspen Ranch HOA and is developed with a barn (inside
of which is a unit for a ranch manager), tennis court, pond, pool, and "clubhouse". Members of
the HOA have represented that the clubhouse was converted from a single-family dwelling unit
and has continually been used as a clubhouse since that time. A site visit by Community
Development documented that the facility had been improved with a steam room, locker room,
office facilities, a catering kitchen and community meeting spaces. Garfield County Assessor
Records first show the building as a single-family residence 1984. Building Permits have been
issued for the pool outside of the clubhouse (Permit No. 7727) and for a deck attached to the
structure (Permit No. 7601)
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970) 945-8212
III. Applicable Code Sections
The HOA has requested a Director's Determination based on the unlisted use of a clubhouse
facility on a parcel owned by the HOA. In rendering this determination, the following portions of
the Code were considered pursuant to Section 3-402. Staff analysis is shown in bold.
1. Procedure. Where a particular use type is not specifically listed in the use table, an
Applicant may request an interpretation of the use table.
a) Director Determination. The Director may permit the use type upon finding the
standards of this subsection are met. The Director shall give due consideration to the
purpose and intent of this Code concerning the zone district(s) involved, the character
of the uses specifically identified, and the character of the use(s) in question.
b) Director Referral to BOCC. The Director may refer any unlisted use determination to
the BOCC for review and determination.
c) BOCC Determination. The BOCC shall make an unlisted use determination about any
nonresidential use that will:
1. Require a structure greater than 100,000 square feet of gross Floor Area;
2. Typically generate more than 1,000 daily vehicle trips, or
3. Is anticipated to require more than 250 parking spaces.
The proposed use will be located in a building approximately 3,136 square feet in
size, less than 100,000 square feet of gross Floor Area.
Based on the square footage, limited employees, use of the property, and
deliveries, the use will generate substantially less than 1,000 daily vehicle trips.
The use will not require more than 250 parking spaces.
Based on the above information the proposed use does not require Board of
County Commissioners determination and will be processed as a Director
Determination.
Rural (R). The Rural Zone District is comprised of the County's rural residential areas,
agricultural resource lands, agricultural production areas, and natural resource areas. Uses,
densities, and standards established for this zone district are intended to protect the existing
character of the area from uncontrolled and unmitigated residential, commercial, and industrial
use. The zone district provides for the use of natural resources, recreational development,
rural residential, and other uses.
The clubhouse use is compatible with the intent of the Rural Zone District where the
property is located.
Section 3-402 (C)(2) Standards for Approving Unlisted Uses. In order to determine if the
proposed use(s) has an impact that is similar in nature, function, and duration to the other use
types allowed in a specific zone district, the reviewing body shall assess all relevant
characteristics of the proposed use including, but not limited to, the following:
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970) 945-8212
a) The volume and type of sales, retail, wholesale, etc.;
No sales, retail or wholesale will occur on site.
b) The size and type of items sold and nature of inventory on the premises;
No items will be sold on the property.
c) Any processing done on the premises, including assembly, manufacturing, warehousing,
shipping, and distribution;
No processing will occur on the property.
d) Any dangerous, hazardous, toxic, or explosive materials used in the processing;
No processing will occur on the property.
e) The nature and location of storage and outdoor display of merchandise, whether enclosed,
open, inside, or outside the principal building; predominant types of items stored (such as
business vehicles, work -in -process, inventory and merchandise, construction materials,
scrap and Junk, and raw materials, including liquids and powders);
No storage and outdoor display of merchandise shall occur on the property.
f) The type, size, and nature of buildings and structures;
The structure at issue is a converted single-family home that the County Assessor's
Office lists as approximately 3,136 square feet. The use is compatible with adjacent
single-family uses. This is especially true as the property is owned by the High
Aspen Ranch HOA.
g) The number and density of employees and customers per unit area of site in relation to
business hours and employment shifts;
The property includes a unit for a ranch manager (a use by -right), however no other
employees or customers will be on the property long-term.
h) Transportation requirements, including the modal split for people and freight, by volume
type and characteristic of traffic generation to and from the site;
The applicant has indicated that the only people who will use the clubhouse are
HOA members and guests. Members of the public will not be permitted to use the
facilities. Traffic to and from the facility will be minimal.
i) Trip purposes and whether trip purposes can be shared by other use types on the site;
Traffic to and from the facility will be minimal.
j) Parking requirements, turnover and generation, ratio of the number of spaces required per
unit area or activity, and the potential for shared parking with other use types;
The property has an existing parking area.
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970) 945-8212
k) The amount and nature of any nuisances generated on the premises including, but not
limited to, noise, smoke, odor, glare, vibration, radiation, and fumes;
No nuisance is anticipated to be generated from the clubhouse. The use is not
changing from the historic use and any impacts are similar to a single-family
residence, a park, or agricultural uses, considered by -right uses in the Rural Zone
District.
I) Any special Public Utility requirements for serving the proposed use type including, but
not limited to, water supply, wastewater output, pretreatment of wastes and emissions
required or recommended, and any significant power structures and communications
towers or facilities; and
No special Public Utility requirements are needed. No evidence has been received
of issues with water supply or wastewater. When the applicant renovates the
facility, they will be required to demonstrate that the existing OWTS is adequate.
m) The impact on adjacent lands created by the proposed use type, which should not be
greater than that of other use types in the zone district.
Impact on adjacent properties will be no different than existing single-family uses,
a park, and agricultural uses that are permitted by -right in the Rural Zone District.
The impact of the existing clubhouse facility is minimal. The HOA has represented that the facility
will only be used for meetings and by HOA members and guests to use the gym, pool, etc. The
development has 29 lots total, with a much smaller number of houses currently constructed. The
use of the property owned by the HOA has similar impacts to a single-family residence, a home
occupation, agricultural uses, and a park — all uses that are permitted by -right in the Rural Zone
District where the facility is located.
Based on the HOA's representations, Staff's site visit, and the criteria identified in the Land Use
Code, Staff approves the clubhouse, pool and tennis court as an unlisted use, similar to other
uses that are considered uses by -right in the Rural Zone District, provided that the use of the
facility is not open to the public and limited to use from HOA members and their guests. The
applicant should contact the Garfield County Building Department to determine Building Permit
requirements.
Please contact this office with any questions or clarifications.
Sincerely,
yi-:ower, AICP
Comunity Development Director
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
(970) 945-8212
Sheryl Bower
Director of Community Development
Garfield County
Ms. Bower.
EXHIBIT
J
The High Aspen Ranch Homeowners Association (HAR HOA) is requesting an
interpretation for unlisted use per code section 3-402. subsection C.
We are a community of 29 lots, initially developed around 2000. There are also 2
parcels that were deeded to the HOA by the developer (one with our facilities, ane native
and unbui;dable). Ail parcels are greater than 35 acres. We are zoned Rural
Residential.
The parcel under discussion is High Aspen Ranch lot 31, parcel #2187-361-04-031,
assessor account #R006997. The initial development is receptions #569345 and
#571758. Our current CC&Rs are reception #842509. I have been told that the
developers modified the plats (building envelopes and such) over the years, but do not
have reception numbers for them, The initial developer sold out to a second developer
in 2005 The second development group no longer owns any parcels so there is no
longer a declarant. The HOA is left cleaning up their messes
The HOA Board recently started discussions of badly needed work on our clubhouse.
We started discussing paint, then roofing then sealing for critters. then windows. then
the old pool equipment, and are currently wondering if it would be better in the long run
to rebuild. This led me to Community Development asking about our options. This is
when we discovered we are a Planned Community, not a PUD, and though we have a
clubhouse, pool. tennis courts, horse barn, apartment. and shop. there are issues which
need to be resolved before we can make plans and get building permits.
We want to continue our current use of these facilities by our owners and their guests
but they need major renovations. At the minimum. we need a new roof. soon. Please
let me know what additional information you need to make a determination. The Board
is anxious to know how we may proceed.
Thank you.
High/Aspen Ranch "H�o-meowners Association
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Meme Kistner. President 970 945-8245
e -President 702 375-8086
Kary De. er . Tr = urer 970 927-5000
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Phil Ensign. Secretar�j 30616-7919
Bonnie Bunce. Direct0 9
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Mark Kistner, Director 970 319-8296