Staff Report
PC Hearing Date:
April 8, 2015
BCC Hearing Date:
May 5, 2015
14-125978RZ
Rezoning
Case Name:
The Homestead Park Official Development Plan
Owner/Applicant:
North Fork Associates, a Limited Partnership
Location:
7679 Iowa Gulch Road and 7615 Cinch Court
Section 33, Township 5 South, Range 70 West
Approximate Area:
53.4 Acres
Purpose:
To rezone from Suburban Residential-Two (SR-2) to Planned
Development (PD) to allow up to 22 Single Family Units and
Recreational/Open Space uses.
Case Manager:
Russell D. Clark
Representative:
Doug Reed / Fine Line Consulting
Existing Use:
Vacant
BACKGROUND/UNIQUE INFORMATION:
The subject property is located on the south-east side of US HWY 285, approximately 7.5 miles west of
the C-470 & US HWY 285 interchange. The property consists of two existing lots (Parcels 13 & 14) in the
Homestead Filing No. 3-B, Amendment No 1. The current zoning of SR-2 allows residential lots of two
acres in size. The site has a mixture of meadows and forested lands, with much of the site having slopes
exceeding 30%. At the northwest portion of the site are two water augmentation ponds. The US Fish
and Wildlife Service’s web site (called ‘Wetlands Mapper’) depicts the lands near these ponds as
freshwater emergent wetlands, and freshwater forested/shrub wetlands. Any grading or construction
affecting these areas will probably need a 404 permit from the Army Corps of Engineers. A State Highway
Access Permit has been granted from the Colorado Department of Transportation for direct access to US
HWY 285 for 26 single-family detached units and a recreational community center.
The proposed rezoning would allow 22 single-family detached homes on one-acre lots with the balance of
the site allowing for open space and recreational uses. The possible recreational uses include hiking,
biking, equestrian and other low-impact uses as well as more impactful recreational uses. The more
intensive recreational uses could include a ski hill, ice skating and accessory concessions. The ski hill
would include the ability to install a ski lift, or tow ropes.
The applicant wishes to cluster the homes along Cinch Court, an existing road on the eastern side of the
property. The proposed lot sizes of one acre are the minimum lot size allowed for properties utilizing
onsite wastewater treatment systems and centralized water. In order to maximize the potential for skiing,
the applicant intends to create a private access easement across the back (lower portions) of the
residential lots, allowing skiers and hikers to cross the private lots. This future easement is not a part of
the rezoning, and would be created during a subsequent platting process.
The water for the proposed development will be supplied by the Homestead Water Company, and
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sanitation will be provided by individual onsite wastewater treatment systems. The Homestead Water
Company has stated that 26 tap equivalents have been reserved for the future development of this site,
and therefore that sufficient water can be provided to serve the proposed 22 homes. 4 tap equivalents
would be available to provide water for the recreational uses. The availability of water is seen as a
limiting factor of the size and types of recreational facilities that could be built.
SURROUNDING ZONING/LAND USE:
North:
South:
East:
West:
Adjacent Zoning
Suburban Residential 2
(SR-2)
Suburban Residential 2
(SR-2)
Suburban Residential 2
(SR-2)
Suburban Residential 2
(SR-2)
Land Use
US HWY 285 & Single Family Residential (1du/2 acres)
Single Family Residential (1du/2 acres)
Vacant & Single Family Residential
US HWY 285 & Single Family Residential (1du/2 acres)
NOTIFICATION:
A community meeting was held for this rezoning application on September 22nd, 2014. The community
meeting was well attended, with 79 people signing in. Those in attendance expressed concerns related
to the proposed application. The concerns included issues such as the lack of compatibility of the
proposed lot sizes, the potential noise and traffic impacts of the ski hill, the viability of the ski hill, the
noise of snow-making equipment, the availability of water to serve both the residential and recreational
uses, concerns about wildfire hazards, and impacts to wildlife.
As a requirement of the Jefferson County Zoning Resolution, the following notice was provided for this
proposal:
1.
Notification of this proposed development was mailed to property owners within a
1,320 foot (1/4 mile) radius of the site and to Homeowners’ Associations and Umbrella Groups
located within a two-mile radius of the site. The initial notification was mailed at the time of the 1 st
referral. Additional notification was mailed 14 days prior to the Planning Commission hearing
identifying the scheduled hearings dates for both the Planning Commission hearing and the Board
of County Commissioners’ hearing.
2.
Sign(s), identifying the dates of both the Planning Commission Hearing and the Board of County
Commissioners’ Hearing, were provided to the applicant for posting on the site. The sign(s) were
provided to the applicant with instructions that the site be posted 14 days prior to the Planning
Commission hearing.
3.
Notification of the hearing before the Planning Commission and the Board of County
Commissioners’ was published in the Golden/Foothills Hub.
The Homeowners’ Associations and Umbrella Groups that received notification are as follows:
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Bluffs POA
Concerned Citizens of Conifer
Conifer Area Council
Doubleheader Mountain Assn
Evergreen Chamber of Commerce
Golden Meadows HOA
Indian Hills Improvement Assn
Willow Springs North Master
Willow Springs POA
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Jefferson County Horsemen
Ken Caryl Ranch Master Assn
Ken Caryl Ranch Metro Dist
Preserve our Mountain Community
Sundance at Willow Springs Flg 5
West Ranch HOA
Willow Springs 3
Willow Springs Open Space
Willowbrook Assn
During the processing of the application, Staff has received responses in objection to the proposal.
Multiple emails and phone calls have been received from citizens voicing objection to both the smaller lot
sizes, and the proposed ski hill. Many of the letters state that the established two-acre lot sizes in the
Homestead were a primary reason they chose to live there, and that these smaller lots are incompatible
with the surrounding existing and allowable land uses. Objections to the proposed ski hill were also
communicated, with many stating that the ski hill would not be feasible without snowmaking equipment,
and that the applicant did not demonstrate sufficient water to run such equipment. Others stated that the
noise of the snowmaking equipment would be intolerable. Still others stated that the sledding hill at
Meyers Ranch fulfills the community need and desire for sledding. Also, some are concerned with
allowing what they consider commercial uses in the area. An increased fire hazard as a result of the new
development was also a concern.
COMPREHENSIVE MASTER PLAN ASSESSMENT:
Area Plan: Conifer/HWY 285 Community Plan
Land Use
Conformance
Non-Conformance
Services:
X(1)
Physical
Constraints
Community
Resources
X (2)
X (3)
Infrastructure,
Water and
Services
X (4)
Design
Guidelines
X (5)
Inter-Canyon Fire Protection District
Homestead Water Company
Onsite Wastewater Treatment System
***************************************************************************************
ANALYSIS OF PLAN:
1. Land Use: The Comprehensive Master Plan (CMP) discusses encouraging development that is
appropriate to the area, ensuring that there are unique and diverse communities in which to live,
work, and enjoy outdoor recreation. It encourages economic development and infill and
redevelopment projects. It also mentions an analysis of the benefits of a new commercial or
industrial project, such as potential job creation or economic benefit, may be considered in the
evolution of a project. New developments should be evaluated for the impacts on the health of a
community, and that new development should strive to properly and reasonably mitigate the harmful
effects, if any, on existing and entitled uses on adjacent parcels.
Areas of Conformance:
a. All Development
The CMP’s first goal is to encourage development that is appropriate to the area, promotes healthy,
active lifestyles, and ensures that there are unique and diverse communities in which to live, work,
and enjoy outdoor Recreation. Additionally, policies in the CMP encourage land uses that support
active living and enhance public health.
The proposed rezoning would create a housing option that is not currently available in this portion of
the Conifer area. Homes clustered along the existing road on 1 acre lots provide a choice of housing
that is different from the typical two acre lots in the area. The addition of the recreational component
encourages active living and provides an opportunity for outdoor recreation.
b. Housing
The CMP promotes a variety of housing options, which complement the existing community
character.
The smaller lots proposed with this rezoning do offer a different housing option than the surrounding
area. The proposed rezoning results in an overall density that is less than what the current zoning
allows, but is configured to cluster the homes at the ‘top’ of the property, along an existing road.
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c. Livestock
The CMP states that properties allowing livestock should be appropriately sized, as described in the
Area Plans. The Conifer/Hwy 285 Community Plan states that the lot sizes for livestock should, at a
minimum, follow the Zoning Resolution’s requirements.
The written restrictions allow for equestrian uses only on the recreational portion of the property.
d. Site Design
Clustering is encouraged by the CMP. Policies promote using clustering to minimize visual impacts
and direct buildings away from environmentally and visually sensitive lands. Further, the CMP
promotes clustering to provide for more efficient distribution of public facilities and services.
The residential use area is clustered along the existing road, minimizing the amount of grading
needed for new roads to serve the residences, and allowing for more efficient distribution of water to
the site.
e. Area/Community Plan Recommendation
The Confer/HWY 285 Community Plan recommends clustering of houses as an acceptable design
solution to maintain community character or to solve other site constraints. The Conifer plan also
states that housing densities of up to 1 dwelling unit per acre can be allowed outside of activity
centers if centralized water is available to serve the development.
Additionally, the Conifer Plan recommends that private open space should be preserved, and that
both passive and active recreation areas are needed. The Plan goes on to say that active recreation
areas can assist in preserving the livability and uniqueness of the community.
The proposed rezoning is to be served by centralized water, so it is consistent with the density
recommendations of the housing section of the Conifer plan. The clustering of the residential lots is
also consistent with the plan’s recommendations. Regarding the recreational component of the
rezoning, the plan encourages these uses.
Areas of Non-Conformance:
a. All Development
The CMP has policies to ensure that new development is compatible with surrounding and allowable
land uses. Furthermore, the CMP states that non-agricultural development in the mountains should
avoid uses generally associated with high-water consumption rates.
It can be argued that the homes being clustered together on smaller lots with smaller setbacks
creates an incompatible residential development in an area of two acre minimum lot, however the
number of homes proposed is less than what current zoning allows. Additionally, the potential snowmaking equipment could be in non-compliance with the high-water consumption policy in the CMP.
Due to this, staff has proposed a revision to the written restrictions that would not permit snow-making
equipment.
b. Site Design
The goal for site design in the CMP is to ensure the design is compatible with community character
and natural surroundings.
The Homestead area has a very consistent lot size of two acres, with setbacks appropriate for these
lot sizes. The proposed residential lot sizes and setbacks would not be consistent with the
established norm for the area.
Summary of Analysis: The proposed rezoning generally conforms to the goals and policies in the
CMP and Conifer/HWY 285 Community Plan. The smaller lot sizes proposed, while not consistent
with the lot sizes in the general area, are supported by the plan’s recommendations for clustering
development.
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2. Physical Constraints: The Comprehensive Master Plan describes physical constraints are those
physical features that due to safety concerns may potentially restrict where and how development
occurs. Physical Constraints include geologic hazards and constraints, floodplains, wetlands, wildfire,
radiation, landfills, abandoned mines, and wildlife habitat.
Areas of Conformance:
a. Geologic Hazards & Constraints
The subject property contains areas of slope that exceed 30% slope, which the CMP has identified as
a Major Geologic Constraint. Such areas may have increased risk of geotechnical problems and
have a high risk related to intensive land uses. The CMP states that development in geologic
constraint areas should address how the constraints will be mitigated.
The written restrictions prohibit the construction of buildings on slopes exceeding 30% within the
recreational portion of the ODP.
b. Wildfire
The CMP’s wildfire goal and policies are all aimed at ensuring new development mitigate wildfire
hazards, and ensure development takes these hazards into account. For example, a policy states
that the mitigation recommendations outlined in the local fire protection district’s wildfire protection
plan should be implemented. The site should be mitigated according to the recommendations of the
Colorado State Forest Service. Also, the setbacks from the perimeter of new development should be
sufficient to accommodate defensible space management zone 2 requirements.
The applicant has submitted a Forest Management Plan, which was reviewed by the Colorado State
Forester’s Office. The clustering of the residential buildings along Cinch Court ensures that sufficient
space exists downhill from the residential properties to accommodate the zone 2 requirements on the
subject property. Also, the mitigation recommended in the Inter-Canyon Fire Protection District’s
Community Wildfire Protection Plan includes a shaded fuel break along Cinch Court. The
construction of the homes clustered along this road will require defensible space thinning, which will
help to construct the shaded fuel break. The limited front setbacks will reduce the length of private
drives which will help with structure protection in the event of a wildfire.
c. Wildlife & Vegetation
The CMP encourages development to mitigate impacts to wildlife and their habitat. The policies
include evaluating proposals for their proximity to wildlife habitat, ranges and migration routes.
Additional policies include recommendations for fencing that is non-exclusionary for wildlife, except
when required for domestic animal containment.
The existing Conifer plan identifies the subject property as being in secondary wildlife quality.
However, newer maps being used in the update to the Conifer plan identify a migration route and
highway crossing in the area. As a result, the written restrictions for the residential area do not allow
perimeter fencing, and allow fencing only to enclose dog runs/pens or garden areas, or to delineate
trails or sewage disposal systems. For the recreational area, the fences are limited to 42 inches in
height, except for pens, corrals, arenas or runs for livestock.
Additionally, the clustering of the residential lots along Cinch Court, along with smaller front setbacks
allows the homes to be constructed outside of the meadow areas.
Areas of Non-Conformance:
a. Specific Area/Community Plan Policies:
The Conifer plan states that the minimum lot size for residential development within moderate wildfire
hazard areas should be 5 acres, if the hazard is adequately mitigated. Additionally, the minimum lot
size for residential development within severe wildfire hazard areas should be 10 acres, if the site is
adequately mitigated.
The subject property has areas within the proposed residential area that are identified as being within
the moderate and severe and wildfire hazard. Other portions of the residential area not within these
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designated hazard areas. The minimum lot size of one acre is not in conformance with this policy.
However, the applicant has submitted a Forest Management Plan, which includes mitigation
recommendations for the entire site.
Summary of Analysis: The proposed development would not aggravate, accelerate, or increase the
level of risk from natural or man-made hazards. The fencing restrictions in the ODP are consistent
with the CMP’s policies.
3. Community Resources: The Community Resources chapter contains policies that relate to historic
structures or sites, scenic corridors, natural features, air quality, light, odor and noise pollution, open
space and trails.
Areas of Conformance:
a. Visual Resources
The CMP suggests a visual buffer along US HWY 285. Also, the plan recommends minimizing the
impacts of road cuts, and the clustering of development toward the edges of meadows. Additional
policies suggest transferring density from scenic corridors to other portions of the site.
By clustering the residential uses along an existing road, the ODP is minimizing the creation of new
roads and their associated visual impacts. Additionally, the proposed rezoning clusters the residential
uses along the edges of the upper meadow. By establishing the lower portion of the property as open
space and recreation, the visual impact of the development is less than what could be built under the
existing zoning.
b. Air, Light, Odor, and Noise
The CMP encourages the efficient use of lighting to reduce adverse light impacts while providing for
public safety. Other policies seek to protect the night sky. Policies relating to noise state that outdoor
speakers or amplified music should be mitigated where residential uses could be impacted.
The proposed written restrictions limit the height of light poles to 12 feet, and the Zoning Resolution
requires all lights to be downcast and fully shielded. The written restrictions prohibit the use of
outdoor amplification of sound.
c. Open Space
Within the open space portion of the CMP, there are policies encouraging open lands as a part of
new development. Also, the CMP encourages active and passive recreation be provided in new
developments.
The ODP proposes open lands, active and passive recreation as a part of the development.
d. Recreation & Tourism
The CMP’s goal for recreation encourages appropriately sited recreation and tourism uses in the
county. Potential impacts of recreational activities on existing land uses should be mitigated.
The requested rezoning has the potential to provide both recreational and tourist uses. The impacts
of the ski hill and other potential recreational uses are mitigated by location, size, building restrictions
and the revisions to the ODP proposed by staff.
e. Specific Area/Community Plan Policies:
The Conifer Plan has language stating that development should be located at the edge of meadows
or open areas. It also states that the Conifer area should contain passive and active recreation areas
as community amenities.
The proposed OPD clusters the residential uses at the edge of the meadows, and provides for both
passive and active recreational opportunities.
Areas of Non-Conformance:
a. Visual Resources
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The CMP suggests a visual buffer along US HWY 285. Also, the plan recommends clustering of
development toward the edges of meadows.
While the residential portion of the ODP clusters the units towards the edges of the meadows, the
recreational portion has no such restriction. Due to the steep topography of the site, the only viable
building sites in the recreational use area are in meadow areas, close to US HWY 285.
b. Air, Light, Odor, and Noise
The CMP encourages the efficient use of lighting to reduce adverse light impacts while providing for
public safety. Other policies seek to protect the night sky. The CMP also states that levels of noise
that are within State noise standards but still an annoyance should be mitigated.
The proposed written restrictions would allow the lighting of ski runs and trails, albeit with 12 foot tall
poles. Also, the applicant wishes to allow snowmaking equipment as long as state noise levels are
met. Staff has proposed revisions to these written restrictions that would prohibit both the lighting of
ski runs and trails as well as not allowing snowmaking equipment. Staff’s concern with snowmaking
equipment from a noise perspective is that the low background noise level in the mountains can make
levels of sound appear much louder, and the noise generated from the snowmaking equipment would
be a constant noise, and not intermittent. Since staff has not been able to evaluate where and when
such snowmaking equipment would be operated, and since no water source has been identified to
operate such equipment, staff proposes to prohibit this use.
Summary of Analysis:
Staff is of the opinion that if the written restrictions were to include the prohibition of lighting ski runs
and trails, as well as prohibiting the use of snowmaking equipment, then the rezoning would be in
general conformance with the CMP and Conifer/HWY 285 Community Plan’s recommendations for
Community Resources.
4. Infrastructure, Water & Services: The applicable elements of this chapter include Transportation,
Water and Wastewater, and Services.
Areas of Conformance:
a. Transportation
The CMP states that new development should demonstrate that the transportation system can
accommodate the traffic generated by the development.
The subject property has legal access to a county-maintained road, and has been granted an access
permit from the State allowing access from US HWY 285. The applicant has also submitted a traffic
impact study showing that the existing roads can handle the traffic from the proposed development.
Further, the applicant intends to have the only access for the recreational uses be from US-HWY 285,
so as to not add any traffic impacts to the local residential roads.
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b. Water & Wastewater
The CMP’s policies on water and wastewater focus on ensuring that new development has
appropriate water service and wastewater treatment. Policies include demonstrating that adequate
water is available, and that the minimum lot size requirements of Public Health are met.
The Homestead Water Company has agreed to serve the development, and the State has verified
that legal water rights exist for the residential development. Homestead Water Company has 26 tap
equivalents set aside for the development of this property, since the existing zoning would allow 26
dwelling units. Their water decree allows for limited domestic animal uses as well. The ODP would
potentially allow more recreational development than they currently have legal and physical water to
support. As a result, the written restrictions require that proof of water must be supplied at Plat, SDP
and any time a building permit is sought.
The wastewater systems’ leach fields may be in the same areas the applicant wishes to allow private
access easements. As such, the written restrictions require that both the leach fields and the trails be
designed to take potential compaction of the leach field into account.
c. Specific Area/Community Plan Policies:
The Conifer Plan states that outside of Village Centers, if a centralized water system is used, then the
densities in the housing section of the plan should be followed.
The development will be served by a centralized water system, and the densities in the housing
section of the Conifer Plan allow densities of up to 1 dwelling unit per acre. The lot sizes proposed
are one acre.
Areas of Non-Conformance:
a. Transportation
The CMP states that new development should coordinate access points, connections, and circulation
patterns with adjacent properties.
Cinch Court is a private road through this development, and is proposed to stay that way.
Summary of Analysis: The rezoning proposal would comply with the Plan’s goals for this chapter. The
rezoning request will not have an impact on the existing transportation system, water and sanitation
or public services. Existing public services will not be diminished with this rezoning proposal.
COMPATIBILITY:
The proposed rezoning is compatible with the existing and allowed land uses in the general vicinity of the
project area. The existing zoning allows up to 26 residences to be built on two-acre lots. Such a
development could result in significant visual impacts due to road cuts and defensible space
requirements. The proposed development meets the minimum lot size for onsite wastewater treatment
systems as required by Public Health, and the Homestead Water Company will supply the water. Access
is via existing county-maintained roads, and the applicant has been granted an access permit from US
HWY 285. Additionally, the Conifer/HWY 285 Plan recommends active and passive recreational uses. It
is staff’s opinion that the additional impacts as a result of this rezoning would be minimal.
SUMMARY OF STAFF POSITION:
Staff is supportive of the rezoning based upon the analysis above. As long as revisions to the written
restrictions are incorporated, the impacts to the surrounding community are limited or mitigated. The
proposed uses are supported by the CMP and Conifer/HWY 285 Community Plan.
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FINDINGS/RECOMMENDATIONS:
Rezoning:
Staff recommends that the Planning Commission find that:
1. The proposal is in general conformance with the Comprehensive Master Plan because it
meets applicable sections of the Plan policies;
2. The proposed land use is compatible with existing and allowable land uses in the
surrounding area because the proposed number of residential units is a reduction from
the current zoning, the plan recommends clustering development, the Plan encourages
recreational uses, and,
3. The proposed land uses will not result in significant impacts to the health, safety, and
welfare of the residents and landowners in the surrounding area.
And;
Staff recommends that the Planning Commission recommend APPROVAL of Case No. 14125978RZ subject to the following conditions:
1. Recordation of a revised Official Development Plan in accordance with the red-marked
print dated April 8, 2015.
COMMENTS PREPARED BY:
_______________________________
Russell D Clark, Senior Planner
March 27, 2015
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