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Home My WebLink About1.08 JVAM Rezone Justification Report A Mountain Law Firm Aspen Buena Vista Carbondale Basalt Glenwood Springs PO Box 878, Glenwood Springs, CO 81602 P 970.922.2122 F 970.315.4107 Chad J. Lee, Esq. P.O. Box 878 Glenwood Springs, CO 81602 chad@jvamlaw.com D: 970.893.8242 November 30, 2022 Sent via Email Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Re: Flying M Ranch PUD 2022 Rezoning Justification Report (4-203 H). This Rezoning Justification Report is required by Sections 6-301 and 4-203 of the Garfield County Land Use and Development Code for an application for a Planned Unit Development. This report explains how the PUD rezoning will satisfy the approval criteria for a rezoning set forth in Section 4-113C. A. Rezoning Criteria Garfield County Land Use and Development Code: Section 4-113. Rezoning C. Review Criteria An application for rezoning shall meet the following criteria: 1. The proposed rezoning would result in a logical and orderly development pattern and would not constitute spot zoning. 2. The area to which the proposed rezoning would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area; 3. The proposed rezoning addresses a demonstrated community need with respect to facilities, services, or housing; and 4. The proposed rezoning is in general conformance with the Comprehensive Plan and in compliance with any applicable intergovernmental agreement. A Mountain Law Firm PO Box 878, Glenwood Springs, CO 81602 P. 970.922.2122 F. 970.315.4107 2 B. PUD Application Satisfies the Rezoning Criteria 1. The proposed rezoning would result in a logical and orderly development pattern and would not constitute spot zoning; This site has changed dramatically in the past decade including: (1) the approval by the BOCC of the Roaring Fork Water and Sanitation District’s (RFWD) expanded service area; (2) the construction of a new elementary school (the Riverview School); (3) installation and extension of central water and wastewater facilities; (4) the development of a FedEx distribution facility; (5) approval by the BOCC of a diesel automotive repair facility; and (6) approval by the BOCC of an equine veterinary clinic. The site is also within the City of Glenwood Springs Urban Growth Boundary (UGB). To this end, the PUD is logical and orderly because development is consistent with the City of Glenwood Springs’ future land use considerations within the UGB, is consistent with previous Garfield County approvals in the area, and is generally an outgrowth of an already changing area. Likewise, approval of this PUD would not constitute spot zoning under Colorado law. Spot zoning examines “whether the change in question was made with the purpose of furthering a comprehensive zoning plan or [was] designed merely to relieve a particular property from the restrictions of the zoning regulations.” Clark v. City of Boulder, 362 P.2d 160, 162 (Colo. 1961). If the rezoning is for the purpose of furthering a comprehensive zoning plan or based on changed conditions, the rezoning is not spot zoning. Whitelaw v. Denver City Council, 405 P.3d 433, 445 (Colo. App. 2017). Approval of this PUD is entirely consistent with both the Garfield County and Glenwood Springs Comprehensive Plans (see below, and the Comprehensive Plan Analysis submitted with the Application) and is not intended merely to relieve a single property from the restrictions of zoning regulations. The Garfield County 2030 Comprehensive Plan Future Land Use Map designates this parcel as within the Urban Growth Boundary of Glenwood Springs. The Garfield County Code allows a density of up to 15 dwelling units per acre where there is access to public water and sewer systems. (6-401(C)(2)). The proposed PUD will connect into the Roaring Fork Water and Sanitation District public water and sewer system. Therefore, the density is entirely appropriate within the limits of the Garfield County Code, which will result in logical and orderly development. The proposed PUD is also within the City of Glenwood Springs 3-mile area of influence. The proposed residential, hospice, assisted living, and business park uses and densities are a response to changing surrounding land use in the south Glenwood Springs area and meet critical community needs. The uses will be compatible with the surrounding area, will result in a logical and orderly development pattern, will have significant public benefit, and are consistent with the goals and policies of the Garfield County Comprehensive Plan. A Mountain Law Firm PO Box 878, Glenwood Springs, CO 81602 P. 970.922.2122 F. 970.315.4107 3 This area is also within the City of Glenwood Springs Urban Growth Boundary. The UGB is defined as an area within which urban development is encouraged that is in conformance with the Future Land Use Map and Comprehensive Plan, and outside of which development should be rural in character. Because it is within the City’s UGB, “urban” level development is encouraged. Indeed, within this southern area of the UGB, the City’s Comprehensive Plan expressly expresses a preference for something more than the adjacent “large lot residential subdivisions.” (GWS Comp Plan, Page 123).1 This PUD is responsive to this goal. The PUD seeks to provide a diverse variety of housing types, costs, and tenancy options to accommodate a diversity of residents and incomes, including senior citizens, students, families, regional employees, and Roaring Fork RE-1 School District teachers. This housing will be located near existing infrastructure and amenities so that families can live, work, and play in their communities. Indeed, this attainable housing will be mid-Valley and offers the benefit of being close to up-valley work locations without having to pass through the traffic bottleneck of Glenwood Springs. For these reasons, the proposed PUD results in a logical and orderly development pattern. 2. The area to which the proposed rezoning would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area; As discussed previously, this area has changed significantly in the past several years. These changes have included the development of the Riverview School, development of a FedEx distribution center, and redevelopment of a commercial / industrial parcel. As a result of these changes, increasing the surrounding density and diversifying the uses in the area surrounding the new school and commercial / industrial development is within the public interest. In addition, the uses in high demand, including workforce housing, assisted living facilities, end of life care, and multi-family residential development. 1 “Over the past 2 decades, a number of large lot residential subdivisions have been approved by Garfield County in the areas south of town. The Urban Growth Boundary has been expanded to include the most proximate parcel of land in this area, to better help shape the form and impact of future development.” (emphasis added). A Mountain Law Firm PO Box 878, Glenwood Springs, CO 81602 P. 970.922.2122 F. 970.315.4107 4 3. The proposed rezoning addresses a demonstrated community need with respect to facilities, services, or housing; and The proposed uses within the PUD are in high demand within Garfield County and the surrounding region. These uses include workforce housing, multi-family residential, assisted living, and end of life care. The proximity of these facilities, particularly the workforce housing component, is well located as it is adjacent to the new Riverview School, near central water and sewer, and proximate to Highway 82. 4. The proposed rezoning is in general conformance with the Comprehensive Plan and in compliance with any applicable intergovernmental agreement. The proposed PUD is in general conformance with the Comprehensive Plan and all IGAs. It is within the City of Glenwood Springs’ Urban Growth Boundary. As a result, the County defers to the City’s Comprehensive Plan for guidance. The uses are within the Roaring Fork Water and Sanitation District and will be served with central water and sewer service. There is good access to Highway 82, a variety of housing options and types, and much needed community services. More analysis is contained within the Comprehensive Plan Analysis submitted with the Application. JOHNSTON | VAN ARSDALE | MARTIN, PLLC __________________________ Chad J. Lee, Esq.