HomeMy WebLinkAbout1.03 Exhibit C - Rezoning Justification ReportPage 1 of 6
MITCHELL CREEK COMMUNITY PUD
REZONING JUSTIFICATION REPORT (4-203 H)
MARCH 10, 2026
This Rezoning Justification Report is required by Sections 6-301 and 4-203 of the Garfield
County Land Use and Development Code (“LUDC”) for an application for a Planned Unit
Development. This report explains how the proposed PUD zoning satisfies the approval criteria for
a rezoning set forth in Section 4-113C. See LUDC Article 6-202.C., Review Criteria.
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.
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;
a. Logical and Orderly Development Pattern
The Mitchell Creek Community PUD, as discussed in detail in the PUD Guide, will create a
well-planned, logical, and orderly residential development on a key parcel of land west of Glenwood
Springs. The PUD will consolidate three underutilized parcels to create a much needed attainable and
diverse mix of housing types in a desirable key location. The PUD materials submitted with the
application will govern the orderly development of the property into an orderly housing development
with shared roads, CDOT access, and utilities. The PUD site plan provides the logical development
plan, and the Applicant will work with the County to develop the most logical development pattern
and plan.
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Critically, the PUD will provide much needed single-family homes west of Glenwood Springs
along Highway 6 and 24, with an easy on-ramp to I-70. Additionally, it is located near a newly
designated I-70 Access Line Break in Glenwood Springs’ recently drafted Emergency Operations /
Traffic Emergency Management Plan. This housing PUD will be located near existing infrastructure
and amenities so that families can live, work, and play in their communities. The PUD property is
currently underutilized as an RV park and bathhouse/office commercial operation. As commercial
projects in Glenwood Springs expand west, such as the Glenwood Meadows and the Glenwood mall
revitalization goals, constructing desirable housing close to these commercial spaces is a logical and
orderly development pattern for the lands west of Glenwood Springs. This housing may keep families
closer to their employment in and around Glenwood Springs who may otherwise be priced out,
pushing them further to the western edges (or even out of) Garfield County.
b. Not Spot Zoning
Approval of this PUD would not constitute spot zoning under Colorado law. The test for
determining whether a particular action is spot zoning is whether the action is designed to relieve a
certain piece of property from zoning restrictions in spite of, rather than in conformance with, the
County’s Comprehensive Plan. Clark v. City of Boulder, 362 P.2d 160, 162 (Colo. 1961). In other words,
spot zoning “creates a small island of property with restrictions on its use different from those
imposed on the surrounding property,” and which are not consistent with the County’s
Comprehensive Plan. Whitelaw v. Denver City Council, 405 P.3d 433, 445 (Colo. App. 2017). If the
rezoning is for the purpose of furthering a comprehensive zoning plan or based on changed
conditions, the rezoning is not spot zoning. Id. (citing King's Mill Homeowners Ass'n v. City of Westminster,
192 Colo. 305, 312, 557 P.2d 1186, 1191 (1976) and 3 Arden H. Rathkopf & Daren A. Rathkopf,
Rathkopf's The Law of Zoning and Planning § 41:8 (4th ed. 2016)).
This PUD is consistent with the Garfield County Comprehensive Plan, is compatible with
surrounding land uses, and is not intended merely to relieve a small island from the restrictions of
zoning regulations. Instead, this PUD is a systematic and thoughtful revitalization of the entire
underutilized, and frankly unattractive, RV-park area as one contiguous developed neighborhood.
Indeed, the entire point of a PUD is to provide Counties with greater flexibility than traditional zoning,
with more detailed site planning than would otherwise occur in traditional zone districts.
The 2030 Comprehensive Plan acknowledges that the county’s population center is shifting to the
western part of the county. This property is poised perfectly to accommodate this growth, having
existing highway access for east and westbound traffic, access to public transportation, and easy access
to existing recreation and commercial activities. This PUD would also product higher tax revenue as
a housing project than the existing underutilized RV park.
The Garfield County 2030 Comprehensive Plan Future Land Use Map designates the site as
partially within the 3-Mile Areas of Influence for Glenwood Springs, and designates the parcel as
Residential Medium-High. 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)). Water will either be
provided by the City of Glenwood Springs or on Site Tank and wastewater by West Glenwood
Sanitation District. Therefore, the density is entirely appropriate within the limits of the Garfield
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County Code, which will result in logical and orderly development consistent with the development
to the east and west of the site.
The proposed residential uses are a response to changing surrounding land use in the west
Garfield County area and rises to meet critical community demands. The uses will be compatible with
the surrounding area, will result in a logical and orderly development pattern, will have significant
public benefit (see section 3 below), and are consistent with the goals and policies of the Garfield
County Comprehensive Plan to logically direct the westward expansion of Garfield County towards
existing infrastructure and amenities.
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;1
This area west of Glenwood Springs has experienced steady growth over the past two decades,
and exponential growth in the past few years. These changes have included the Glenwood Meadows
project in Glenwood Springs, revitalization projects in West Glenwood, and huge expansion and
development in New Castle, Silt, and Rifle.
Although the character of the area has been steadily changing over the past few decades, the
most recent changes concern the cost of living and critical demand for housing that has emerged.
Indeed, in May 2024, NBC News determined that Garfield County was the most difficult county in
the entire country in which to purchase a home.2 A seminal regional housing study determined that, in
2017, that the Roaring Fork Valley region has a shortfall of over 3,900 units and projected that this
shortfall would increase to over 5,700 units by 2027.3 The housing shortfall detrimentally impacts the
local and regional economy in various ways, and presents an existential threat to the short and long
term economic viability of the region.4 One important component of that shortfall is housing demand
for the “missing middle”—that is, households between 100 and 160 AMI.
Mitchell Creek Community PUD incorporates a comprehensive "missing middle" housing
strategy designed to diversify the regional residential inventory. The development is designed to
achieve naturally occurring attainability through a varied site plan that accommodates single-family
residences ranging from approximately 1,000 to 2,600 square feet. With an average unit size of
approximately 1,500 square feet, the PUD ensures a "right-sized" development pattern that prioritizes
density and efficiency over excessive square footage. Furthermore, the PUD formalizes a commitment
to long-term affordability by reserving 10% of the total units as deed-restricted housing, serving a
range of households earning between 80% and 180% of the Area Median Income (AMI). This tiered
approach ensures that the project provides housing solutions for the essential local workforce that
remains vital to the economic health of Glenwood Springs and Garfield County
The housing emergency has not abated, and continues to be an issue. For example, in a letter
from the Glenwood Springs Senior Planner to the Glenwood Springs Planning and Zoning
Commission regarding recommended updates to the 2023 Strategic Housing Plan presented at the
1 Keep in mind, “it is only when rezoning is in violation of the master plan that there must be some change in the
conditions of the neighborhood to support a zoning change.” E.g., Applebaugh v. BOCC of San Miguel County, State of Colo.,
837 P.2d 304, 309 (Colo. App. 1992).
2 https://www.nbcnews.com/data-graphics/home-buyer-difficulty-index-findings-rcna152273
3 2017 Regional Housing Study, pp. 34-36
4 2017 Regional Housing Study, pp. 16-17
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September 24, 2024 P&Z meeting, Mr. Fulk-Gray cited that between 2015 and 2022, the Plan Update
found that the average home sale price increased 93% and the affordability gap increased from $49,000
to $293,000. The Plan Update notes that only new homes that are affordable to people making 30%
to 150% AMI or existing homes in which the affordability is improved will satisfy the identified
housing need. The resulting recommendation includes the use of density bonuses in new development.
Thus, large-lot estate style homes will not keep up with the changing character and need of the region,
nor are they supported by changing policy. These findings are echoed in the Greater Roaring Fork
Regional Housing Study published April 1, 2019; and the COVID-19 pandemic’s further exacerbation
of has the housing crisis is discussed in The West Mountain Regional Housing Coalition Housing
Data Supplement published in August 2022.5
Unfortunately, development in the Roaring Fork Valley and western I-70 corridor has not
kept pace with these changing circumstances. For example, only an average of 81 units have been
created per year in Glenwood Springs since 2016—only a fraction of which fall into the missing
middle—and that, in general, production has been “fairly low.”6
These statistics were only exacerbated during COVID, when Garfield County saw a major
influx of residents (mostly wealthy or retired) fleeing more urban areas, further constraining housing
supply for central & western Garfield County residents. For these reasons, Garfield County took the
initiative to amend its Comprehensive Plan in 2020 to explicitly encourage amendments to PUDs
within the County to permit ADUs, and denser residential development. (Policy 1, Strategy vi). The
County has a great opportunity to implement this directive in approving the Mitchell Creek
Community PUD Application.
The drastic change in desirable, single-family living options has pushed working families
further and further west. The PUD will attempt to alleviate the inevitable vehicle trips from western
portions of the county to Glenwood Springs, which congests the highway through Silt and New Castle,
by providing desirable and attainable housing options for Garfield County residents a short drive into
Glenwood Springs. Given the regional nature of travel in Glenwood Springs, locating new
development west of the City and near high frequency regional transit will help reduce vehicle travel
and congestion for I-70 traffic. Areas of change, such as this site, are therefore targeted for growth to
address workforce housing demand and provide a mix of uses that are compatible with existing
character and meet local demand.
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. The proximity of these facilities is well located as it is close to the new the schools
in New Castle or west Glenwood, the proposed daycare facility in Glenwood Meadows, and the
community centers and shopping in west Glenwood Springs, near central water and sewer, and
proximate to 2 Highways and I-70.
5 Available at available at: chrome-
extension://efaidnbmnnnibpcajpcglclefindmkaj/https://cms5.revize.com/revize/eagle/Document%20Center/Depart
ments%20&%20Services/Housing/Housing%20Guidelines%20&%20Studies/2022%20WMRHC%20Housing%20Dat
a%20Supplement.pdf.
6 City of Glenwood Springs City Council Meeting, October 17, 2024 (minute 21).
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Facilities and Services: The PUD will expand the infrastructure and services provided by the
City of Glenwood Springs public water and the West Glenwood Sanitation District. This expansion
will allow neighbors the opportunity to connect, as well as bolster the City’s resiliency and expand the
City’s capacity for future development. It will also enhance the City’s firefighting capabilities in a key
location. The Applicant is already in discussions with neighboring property owners and the City of
Glenwood Springs regarding this expansion and allocation of costs for connecting neighboring
properties at the same time as the subject property.
Housing: Identified as the most critical issue facing Garfield County and the greater Roaring
Fork Valley and Colorado River Valley, the lack of attainable housing within any reasonable proximity
to jobs is a central focus in both the Garfield County and Glenwood Springs comprehensive plans.
This PUD’s central focus is to provide the critically needed desirable housing for Garfield County
residents.
Traffic: The Glenwood Spring Comprehensive Plan states that Glenwood Springs is a
commuting destination, which almost twice as many jobs as workers, and more than 75% of workers
commute into Glenwood Springs, mostly from Rifle and New Castle, with the majority commuting
by car.7 The City of Glenwood Springs is thus investing in transportation infrastructure, focused on
West Glenwood Springs, to intercept more inbound and outbound. Constructing single-family homes
right outside the borders of West Glenwood will eliminate traffic impacts through Rifle and New
Castle, and place likely commuters and workers right along new transit infrastructure to commute to
work in Glenwood Springs or further up valley.
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 Garfield County Comprehensive Plan,
as detailed within this report. The uses and densities are well within those desired by the County’s
Future Land Use Map, and are ready and capable of being serviced with central water and sewer
service. There is direct access to Highway 6 and I-70, regional transit (which may also be expanded
with this PUD), and a variety of housing options and types.
The Property is within the City of Glenwood Springs 3-mile area of influence. The Glenwood
Springs Future Land Use Map makes this property with their “place-holder” designation of Low
Density Residential. This designation is in conflict with the County’s FLUM, however the City of
Glenwood Springs has acknowledged that the Low Density Residential in their future land use map is
a placeholder for future development. The Glenwood Springs Comprehensive Plan (2023) identifies
west Glenwood, particularly West Glenwood Mall off Highway 6 as “Secondary Center, where mixed-
used development is envisioned, have potential to accommodate a significant amount of future
growth. In several cases anchored by grocery stores, these areas offer surrounding neighborhoods
convenient access to a variety of services, shops, and restaurants.”8 Similarly, the Highway 6 Corridor
is identified as an area of change and opportunity for “accomadat[ing] more intensive development.”9
7 Glenwood Springs Comprehensive Plan (2023), p. 29.
8 Glenwood Springs Comprehensive Plan (2023), p. 8.
9 Id.
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The Glenwood Springs Comprehensive Plan also states that public transportation improvements, with
an emphasis on west and south Glenwood, are a major priority.10
Constructing single-family residential conforms with the City of Glenwood Spring’s plans for
this area, which will provide housing close to transportation and amenities. The City of Glenwood
Springs has also agreed to extend water and sewer services to this PUD for the proposed uses.
10 Id. at p. 22