Cortez Journal

County denies high-density zoning request

August 16, 2001

"The theme was to let neighbors direct what they wanted to see the neighborhood look like, and I think the neighborhood has spoken here."

— Commissioner Gene Story

By Jim Mimiaga
Journal Staff Writer

The county’s Landowner-Initiated Zoning and growth-control plan established in 1996 survived a landmark test case Monday.

The county commissioners voted to deny an AR 3-9 zoning request from landowner Betty South for a section of her 345 acres on Granath Mesa. The property borders the northern boundary of the town of Dolores near a cliff ridge.

South planned to set aside five houses on 22 acres under her zoning plan, but because it involved a higher density than zones favored by the majority of surrounding property-owners, it could not be allowed, said Commissioner Gene Story.

"When LIZ was put together, the theme was to let neighbors direct what they wanted to see the neighborhood look like, and I think the neighborhood has spoken here," he said. "When we did the comprehensive plan, people said they wanted to be able to preserve open space and agriculture, and so LIZ came about from that."

LIZ allows landowners to designate zoning preferences; when landowners go forward with development plans, an official zone is established, pending public hearings.

South was appealing a recommendation by the planning commission that the commission deny the request.

The commission suggested South zone her property either AR 10-34, or AR 35+, in order to better mesh with surrounding property. South expressed frustration at her options, and pointed out that while many of her neighbors have larger parcels, others do not.

"I see a lot of smaller pieces around me, so it is not that inconsistent," she said. "I’m disappointed that I was turned down just because my neighbors want bigger lots."

Planning manager Karen Welch pointed out that an AR-35+ designation allows for four homesites, with 80 percent of the remaining property to remain as open space or agriculture. South wants to provide housing sites for her grandchildren, but also wants to sell off portions of the land for retirement.

"We’re not rich, and we bought this as an investment for retirement," she implored, adding that she could not risk establishing a zone that would restrict her ability to sell. The open-space portions of AR-35+ zones can only be sold for farming or range purposes.

In the spirit of LIZ, neighbors attended the meeting to coordinate with South on her plans and theirs.

"I want to provide for my grandchildren also, and I think the AR-35 allows for that," said Ray Churam. "I think that Granath Mesa has defined itself already."

South was encouraged to return to the commission with a sketch plan and zone request for either a PUD cluster plan (requiring engineered septic), AR 35+ or AR 10-34.

Also on Monday, the commissioners:

  • Voiced concern about increased use on the Norwood Road. Labeled 11th Street in Dolores, the well-traveled thoroughfare provides access to Granath Mesa, House Creek Recreation Area, Groundhog Reservoir and the town of Norwood.

"We need to begin coordinating with Dolores County on the impacts more and more subdivisions have on that road in both of our counties," Story said.

  • Considered a request by the LDS church to waive threshold standards for building imprint and building height on a facility planned off Highway 145, north of Road M. The commissioners approved both waivers.

Audience member Rob Peterka objected to the waiver on the building height, needed for a steeple that will raise the building’s total height to 61 feet. County standards restrict buildings to 35 feet.

"There is a point to the threshold standard for height," Peterka said. "This would be visible above everything else and detract from the make-up of the whole valley."

Story agreed, saying the 26-foot steeple it would be a "very prominent" feature in the valley, but relented after discussion with church officials.

The commissioners also voted to waive the building imprint to allow for eventual expansion that will bring the size to 17,000 square feet.

The maximum is 13,000 square feet.

Copyright © 2001 the Cortez Journal. All rights reserved.
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