Loading...
HomeMy WebLinkAbout1.00 Project Narrative December 2025 Submitted on Behalf of: Berkeley Family Limited Liability Limited Partnership 4001 County Road 114 Glenwood Springs, Colorado 81601 and; Plus Lazy K, LLC 3961 County Road 114 Glenwood Springs, Colorado 81601 Prepared by: TG Malloy Consulting, LLC 402 Park Drive Glenwood Springs, Colorado 81601 Email: tim@tgmalloy.com P: 970.945.0832 BERKELEY FAMILY – PLUS LAZY K Rezoning Application Berkeley Family – Plus Lazy K Rezoning Application December 2025 BERKELEY FAMILY – PLUS LAZY K Rezoning Application TABLE OF CONTENTS List of Figures | PAGE i List of Exhibits | PAGE i List of Submission Documents | PAGE 2 Introduction/Background | PAGE 2 Rezoning Review Criteria | PAGE 4 Summary | PAGE 14 LIST OF FIGURES Figure 1 | Existing Parcel Configuation Figure 2 | Existing Zoning Map (excerpt) Figure 3 | Proposed Zoning Map Figure 4 | Future Land Use Table (excerpt) Figure 5 | Future Land Use Map LIST OF EXHIBITS Exhibit 1 | Vicinity Map Exhibit 2 | Land Use Change Permit Application Forms Exhibit 3 | Statements of Authority & Authorization Letters Exhibit 4 | Proof of Ownership Exhibit 5 | Adjacent Property Owners and Mineral Owner List and Map Exhibit 6 | Pre-application Conference Summary Exhibit 7 | Entitlement Chronology Exhibit 8 | 2019 Deed of Conservation Easement Exhibit 9 | BOCC Resolution 2016-35 (w/PUD Guide) Exhibit 10 | Allowed Use Comparison Table Exhibit 11 | BOCC Resolution 2021-07 Berkeley Family – Plus Lazy K Rezoning Application December 2025 December 2, 2025 Garfield County Community Development Department c/o Glenn Hartmann, Community Development Director 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 RE: Berkeley Family - Plus Lazy K Rezoning Application Dear Glenn: This letter and the included exhibits comprise an application to rezone the land on the west side of CR 114, that was formerly part of the Lake Springs Ranch PUD (see Vicinity Map – Exhibit 1). This land, which will be referred to as the Subject Properties, is being removed from the Lake Springs Ranch PUD through a separate, concurrent application to amend the PUD/Preliminary Plan. The Subject Properties are owned by the Berkeley Family, LLLP (Berkeley Parcel) and Plus Lazy K, LLC (Sod Farm Parcel) who will hereafter be referred to as the Applicants. The Applicants are requesting that the Subject Properties be rezoned from PUD to Rural, which is the predominant zoning in the surrounding area for those properties not zoned PUD. Berkeley Family - Plus Lazy K | Rezoning Application 2 Berkeley Family – Plus Lazy K Rezoning Application December 2025 SUBMISSION DOCUMENTS The following is a list of the documents included in this application submission, as required in Pre-application Conference Summary (Exhibit 7).  Vicinity Map: Exhibit 1  Land Use Application Form: Exhibit 2  Authorization Letters and Statements of Authority: Exhibit 3  Proof of Ownership: Exhibit 4  Adjacent Property Owners and Mineral Owner List and Map: Exhibit 5  Agreement to Pay Form: Provided at application submission.  Re-application Conference Summary: Exhibit 6  Entitlement Chronology: Exhibit 7  Existing Zoning Map: Figure 2  Proposed Zoning Map: Figure 3  Rezoning Justification Report: Comprised of this Application and Exhibits. INTRODUCTION/BACKGROUND The Lake Springs Ranch PUD/Subdivision has a long entitlement history which begins in 1979 when the original PUD zoning was approved (BOCC Resolution No. 79-64). The original approval was for 195 single-family lots and 3 multi-family cluster housing lots on 442 acres. In December of 1979 (Resolution No. 79-153) the County approved an amendment to the PUD that reduced the single- family residential lots from 195 to 194 and added 1 multi-family residential cluster housing parcel bringing the total to four. In 2012, land from the adjacent CMC and Nieslanik properties were added to Lake Springs Ranch through boundary line adjustments, resulting in the property growing to 459.4 acres. Over the years, the PUD Zoning and Preliminary Plan have been amended several times, with the most recent amendment occurring in 2016. A chronology of the entitlement history is provided as Exhibit 7. Between the Berkeley Family’s conservation efforts and amendments to the preliminary plan approvals, the developable portion of the Lake Springs Ranch PUD has been reduced from 459.4 acres to the 203.7-acre parcel located on the east side of CR 114. The land west of CR 114, which is the subject of this application, was permanently sterilized through a conservation easement in 2019. Berkeley Family - Plus Lazy K | Rezoning Application 3 Berkeley Family – Plus Lazy K Rezoning Application December 2025 In 2021, two final plat filings (Filings 1 and 2 of the Lake Springs Ranch PUD), which had been previously approved for portions of the land west of CR 114, were vacated. Concurrent with the final plat vacations, right-of-way, along a new alignment, was dedicated for CR 119, which traverses the area west of CR 114 (Resolution No. 2021-08). In addition, the existing prescriptive right-of-way for the in-place CR 119 was identified as remaining in effect until such time as the realigned County Road 119 is constructed and accepted by the BOCC. Resolution 2021-08 also specified that acceptance of the realigned CR 119 be documented by a future resolution of the BOCC, which resolution shall also document that the previously approved vacation of the old prescriptive right-of- way would become effective at that time. The idea was to allow vacation of the old CR 119 right-of-way to occur automatically and without further action from the County. After the vacation of Filings 1 and 2, the land on the west side of CR 114 was reconfigured into two parcels, one of which was conveyed to Plus Lazy K, LLC, the current owner of the sod farm parcel. The other was retained by the Berkeley Family, LLLP. These two parcels are divided along the centerline of the new CR 119 right-of-way that was dedicated in 2021. Figure 1 below shows the land that forms the Lake Springs Ranch PUD as it is currently configured and described in the Garfield County Assessor’s Office records. Pursuant to a separate land use application, the land west of CR 114 will be removed from the PUD, thus facilitating the need for this rezoning application. The Deed of Conservation Easement recorded in 2019 prohibits further subdivision of the land on the west side of CR 114 beyond these two parcels shown on Figure 1. During the County’s review of the application to vacate Filings 1 and 2, the County staff noted the need for a subsequent amendment to the approved Preliminary Plan and PUD zoning to remove lands encumbered by conservation easement from the PUD. This request is the subject of the companion application to amend the PUD/Preliminary Plan being reviewed concurrently with this rezoning application. Berkeley Family - Plus Lazy K | Rezoning Application 4 Berkeley Family – Plus Lazy K Rezoning Application December 2025 FIGURE 1 Existing Parcel Configuration Source: TG Malloy Consulting, LLC REZONING REVIEW CRITERIA Since the Applicants are removing the Subject Properties from the Lake Springs Ranch PUD and seeking rezoning to a traditional, non-PUD zone district, the applicable process and review criteria are contained in Section 4-113 of the Garfield County Land Use and Development Code (LUDC), which deals with requests for changes to the County’s Official Zone District Map (rezoning). Per this section, the owner(s) of the Subject Property may initiate rezoning. Authorization and proof of ownership for the owners of both parcels are provided in Exhibits 3 and 4 of this application. Compliance with the criteria for review of an application for rezoning, as described in Section 4-113(C) of the LUDC, is addressed below. The actual review criteria from the LUDC are highlighted in bold text. Berkeley Family - Plus Lazy K | Rezoning Application 5 Berkeley Family – Plus Lazy K Rezoning Application December 2025 1. The proposed rezoning would result in a logical and orderly development pattern and would not constitute spot zoning . Applicant’s Response: The Official Zone District Map for Garfield County (Zoning Map) reflects the Subject Properties’ current PUD zoning as illustrated on the excerpt from the Zoning Map below (Figure 2). FIGURE 2 Existing Zoning Map (Excerpt) Source: TG Malloy Consulting, LLC The Applicants are proposing to revert zoning for the Subject Properties to the Rural zone district, which is an existing district in the Garfield County LUDC. The Rural zone district is the predominant zoning in the surrounding area for lands not included within an approved PUD. As shown in Figure 3, the proposed rezoning would result in an expansion of the Rural zone district which abuts the Subject Properties along the west property boundary of the Sod Farm Parcel. As a result, the hypothetical development pattern would be similar to what could occur on Berkeley Family - Plus Lazy K | Rezoning Application 6 Berkeley Family – Plus Lazy K Rezoning Application December 2025 the land to the west. However, since the Subject Properties have been encumbered by a conservation easement, the future use and development of the Subject Properties will remain substantially unchanged from the current condition (sod farm operation, low-density residential and open space). FIGURE 3 Proposed Zoning Map Source: TG Malloy Consulting, LLC The following paragraph is an excerpt from Article 3 of the LUDC which describes the intent of the Rural zone district. 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. Berkeley Family - Plus Lazy K | Rezoning Application 7 Berkeley Family – Plus Lazy K Rezoning Application December 2025 The zone district provides for the use of natural resources, recreational Development, rural residential, and other uses. The existing agricultural and residential uses on the Subject Properties are consistent with this intent, especially considering the use limitations identified in the Deed of Conservation Easement (DOCE) which encumbers these parcels (Exhibit 8). In addition, the Rural zone district requires a minimum lot size of two acres, the lowest density in the LUDC, except for the Resource Lands districts. The Resource Lands districts are only found in the western portion of the County and are intended to prevent development in problematic areas such as talus slopes, escarpments, and plateaus. There is no Resource zoning in the area where the Subject Properties are located. Given these factors, the Rural district is the most appropriate zoning for the Subject Properties. The current PUD zoning for the Subject Properties includes three PUD zone districts the allowed uses for which are described in the PUD Guide (Exhibit 9). Most of the allowed uses under the current PUD zoning are agricultural, residential, or accessory uses. A comparison of the use limitations associated with the existing PUD zoning and those defined for the Rural zone district in Table 3.403 of the LUDC is provided in Exhibit 10. Most uses in the Rural zone district, outside of the agriculture and residential uses sections of Table 3-403, require some level of land use review and approval by the County, which would allow a thorough evaluation of the compatibility of such uses with the surrounding neighborhood. Of the 108 non-agricultural or residential uses, there are only ten that are allowed by right in the Rural zone district and are not listed as allowed under the current PUD zoning. These uses are listed below.  Family childcare center (subject to Sec. 7-804)  Park  Ultralight aircraft operation (subject to Sec. 7-801)  Trailhead  Nursery/greenhouse (subject to Sec. 7-902)  Hydraulic fracturing, remote surface facility  Injection well, piped (subject to Sec. 7-1001  Neighborhood utility substations  Utility distribution facility  Marijuana, personal use, medical use or caregiver (subject to Sec. 7- 1201® Some of these uses (trailheads, nursery/greenhouse, neighborhood utility substation, and marijuana personal use…) are compatible with the surrounding Berkeley Family - Plus Lazy K | Rezoning Application 8 Berkeley Family – Plus Lazy K Rezoning Application December 2025 land uses, particularly given the size of the subject parcels and the fact that there are very few existing homes in the surrounding area. Others, like park and family childcare center, are highly unlikely to occur, due to the rural nature of the area and lack of related services and facilities. Regarding the oil and gas related uses (hydraulic fracturing, remote surface facility; injection well, piped), there are no oil or gas fields known to underlie this area and no recent, or planned, drilling activity or active oil and gas leases have been identified for the Subject Properties or the adjoining lands. More information on this issue can be found in the mineral assessment reports provided in Exhibit 5. Further, since the Subject Properties have been sterilized through a conservation easement that limits the allowed uses to agriculture, residential and related accessory structures, and prohibits further subdivision of the parcels, the proposed rezoning will have insignificant effect on the potential future use and development of the land. Spot zoning is the practice of designating a parcel of land with a zoning classification that is entirely different from the surrounding area, often to the benefit of the property owner and the detriment of neighboring properties. PUD zoning, by its nature, can sometimes function as a form of contract zoning, which may resemble spot zoning due to its tailored, parcel-specific uses and standards. The proposed transition from PUD zoning to a Euclidean zone district aligns with the surrounding development patterns and uses, helps mitigate concerns related to spot zoning, and contributes to a more logical, consistent zoning framework for the area. 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. Applicant’s Response: The principal change that has occurred in the area is the fact that the Subject Properties were encumbered by a conservation easement which prohibits the land from being further subdivided and limits the allowed uses to low-density residential, agriculture, raising horses, and the continued operation of the sod farm and landscape equipment/materials distribution business. This change compelled the Berkeley Family to vacate the final plats for Filings 1 and 2 of the Lake Springs Ranch PUD/Subdivision, which in-turn led to the need to remove the conserved lands from the PUD and seek the rezoning being requested in this application. During the review of the Filing 2 final plat, the County requested that a provision be added to the Lake Springs Ranch Subdivision Improvements Agreement (SIA) addressing the need to vacate the final plats for Filings 1 and 2 in the event that any portion of the land within Filing Berkeley Family - Plus Lazy K | Rezoning Application 9 Berkeley Family – Plus Lazy K Rezoning Application December 2025 2 were to be included in a conservation easement. This provision is contained in Paragraph 11 of the recorded SIA (Reception No. 925311), an excerpt of the pertinent text is provided below. As mentioned previously, the portion of the Lake Springs Ranch Subdivision west of CR 114, including the land in Filing 2, was placed under an amended conservation easement accepted by AVLT in September 2019, which triggered the requirement to vacate Filings 1 and 2. 11. CONSERVATION EASEMENTS. Even though not required by any condition of approval of this land use application, the PUD or the Preliminary or Final Plat, if a conservation easement is granted and conveyed by Owner and accepted by a qualified holder thereof on any portion of the area included in the Filing 2 Final Plat, which has not already been included in a prior deed of conservation easement, all physical subdivision Improvements required for such portion will be suspended and any security to guarantee completion of such Improvements shall be released, except for the prohibition on sale of lots as described herein, for so long as the conservation easement remains in place. However, the County will not release the security required for completion of the improvements until the Final Plats for both Filing 1 and Filing 2 are vacated. Upon the grant of such a conservation easement and vacation of the Filing 1 and Filing 2 Final Plats, the Board agrees to acknowledge the grant of such conservation easement and by further instrument acknowledge the suspension of physical subdivision improvements and fully release the security required by this Agreement. Pursuant to this requirement, the final plats for both Filings 1 and 2 were vacated in February 2021 via Resolution No. 2021-07 (Exhibit 11). Subsequently, the Berkeley Family was informed by County Staff that, prior to the County approving further final plats for the remaining developable portion of the Lake Springs Ranch PUD/Subdivision (land east of the CR 114) they would need to amend the approved Preliminary Plan to remove all conserved lands from the subdivision. Removing the Subject Properties from the subdivision also necessitates rezoning of these lands from PUD to an appropriate zone district, which is the purpose of this rezoning application. 3. The proposed rezoning addresses a demonstrated community need with respect to facilities, services, or housing. Applicant’s Response: The proposed rezoning will have no effect on any existing facilities, services or housing or the ability for these facilities and services to be provided in the future. The proposed rezoning is being done in response to a request by the County to amend the Lake Springs Ranch subdivision approvals Berkeley Family - Plus Lazy K | Rezoning Application 10 Berkeley Family – Plus Lazy K Rezoning Application December 2025 to comply with county policies and past precedents related to defunct subdivisions or subdivisions where development has been sterilized through conservation measures. 4. The proposed rezoning is in general conformance with the Comprehensive Plan and in compliance with any applicable intergovernmental agreement. Applicant’s Response: The proposed rezoning is the outcome of the Berkeley Family’s phased land conservation strategy, which began in 2004 and has resulted in the preservation of approximately 254 acres of land for open space, agriculture, wetlands, and wildlife habitat uses. Support for the preservation of lands that contain these characteristics can be found in several policies in the Garfield County Comprehensive Plan 2030 (Comp Plan) including the overall vision statement for the County which reads as follows: Garfield County Vision Statement “Garfield County is dedicated to managing and directing growth to dedicated Urban Growth Areas and other areas that can accommodate growth cost effectively, in order to create thriving communities while promoting a diverse, sustainable and healthy economy, protecting wildlife, maintain or improving the quality of our natural environment, and preserving the county’s rural and western heritage.” The following are policy statements from various chapters of Comp Plan that demonstrate support for land conservation and, by association, the proposed rezoning. Section 5: Recreation, Open Space and Trails Policy 2: Support the protection of public access to rivers, streams and public lands along with the preservation of valuable outdoor recreation and open space lands. Strategies 2(iii). Continue to coordinate with existing land conservation organizations in their efforts to provide tools for landowners and the public to conserve property. Section 6: Agriculture Vision: Promote and protect local agriculture through the adoption of policies designed to strengthen the agricultural sector of the economy, conserve Berkeley Family - Plus Lazy K | Rezoning Application 11 Berkeley Family – Plus Lazy K Rezoning Application December 2025 agricultural lands for agricultural uses, protect the natural resources that sustain agriculture in Garfield County and preserve Garfield County’s rural character. Background & Key Issues: 1. Agricultural enterprises and activities are an important sector of the Garfield County economy as well as a key aspect of Garfield County’s current and historic character. The Comprehensive Plan fosters and promotes a diverse and sustainable agricultural economy as an integral part of its activities to conserve and preserve agricultural lands in the county. 2. The protection and preservation of agricultural lands is important to continued agricultural uses in the County. The Comprehensive Plan calls for urban growth to be located within or adjacent to existing communities to eliminate sprawl and to preserve agricultural lands for continued agricultural use. The preservation of water resources for agricultural purposes is also encouraged through land use regulations and conscientious water use practices. Policies & Strategies: Policy 2: Encourage the preservation and protection of existing agricultural land. Section 8: Natural Resources, Habitat and Wildlife Vision: Ensure that natural, scenic, ecological, and critical wildlife habitat resources are protected and/or impacts mitigated. Protect existing access to natural resources and ensure appropriate reclamation measures occur after extraction processes. Direct incompatible development away from ecologically sensitive areas. Preserve natural drainage patterns and cooperatively manage drainage that impacts communities. Policy 1: Encourage the protection and preservation of critical wildlife habitat. The proposed rezoning also conforms with the Future Land Use Map in the Comp Plan. The Future Land Use Map shows the Subject Properties within the Residential Low (Res L) future land use designation (see Figure 5). The description of this designation is provided in the excerpt from the Future Land Use Chapter of the Comp Plan below (Figure 4). The list of appropriate uses for the Res L future land use designation includes agriculture and low density residential and allows for other uses where special conditions warrant. While the density (minimum lot size) associated with the proposed Rural zoning is higher Berkeley Family - Plus Lazy K | Rezoning Application 12 Berkeley Family – Plus Lazy K Rezoning Application December 2025 than the density specified in the Res L future land use designation (1 DU/10 Acres or Greater), the Rual zone district offers the lowest density of the existing zone districts in the LUDC, other than the Resource Lands districts. Note that the proposed Rural ® zoning is identified among the compatible zone districts for properties included within Res L future land use category while Resource Lands is not listed. FIGURE 4 Future Land Use Table (Excerpt) Source: Garfield County Comprehensive Plan 2030 Berkeley Family - Plus Lazy K | Rezoning Application 13 Berkeley Family – Plus Lazy K Rezoning Application December 2025 FIGURE 5 Future Land Use Map (Excerpt) Source: Garfield County Comprehensive Plan 2030 Existing Landscape Implements and Materials Use - Grandfathered It should be noted that the existing sod farm use includes the sale of landscape implements and materials that are sourced from off-site wholesalers. This aspect of the sod farm operation is a use-by-right in both the R/SF and AP zone districts under the current Lake Springs Ranch PUD zoning (see Exhibit 9 - Second Amended PUD Guide). However, under the proposed Rural zoning, this use would qualify as “Products Processing, Storage, Distribution and Sale (off-site)” which requires administrative review approval in the Rural zone district. Therefore, should the proposed rezoning be approved, this aspect of the sod farm operation would be considered grandfathered and would become a legal non-conforming use. As such, the sale of landscape implements and materials would be subject to the non-conforming use provisions of the LUDC (Section 10-103), which would prohibit these activities from being enlarged or Berkeley Family - Plus Lazy K | Rezoning Application 14 Berkeley Family – Plus Lazy K Rezoning Application December 2025 altered without first obtaining the requisite administrative review approval. These activities could continue as they are today without any further land use review, and they could be expanded at some future date subject to review and approval by the Garfield County Community Development Director. SUMMARY The Applicants are requesting that the Subject Properties be rezoned from PUD to the Rural zone district, which is the predominant zoning in the surrounding area for those properties not zoned PUD. The proposed rezoning is being done in response to a request by the County to amend the Lake Springs Ranch subdivision approvals to comply with county policies and past precedents related to defunct subdivisions or subdivisions where development has been sterilized through conservation measures. In this application, the Applicants have provided the necessary information and demonstrated compliance with the applicable standards and criteria required for approval of a change to the County’s Official Zone District Map, as described in Section 4-113 of the Garfield County Land Use and Development Code (LUDC). We look forward to working with the staff, Planning and Zoning Commission and Board of County Commissioners on the review of this application and the related application to amend the PUD Preliminary Plan for the Lake Springs Ranch PUD Subdivision.