GRANDVIEW ESTATES HOMEOWNERS ASSOCIATION October, 2015
Clearing Up Confusion on Descriptions of Grandview Zoning
At the GEHA meeting on October 6th, the membership voted to get a quick blast email out within seven (7) days to homeowners and residents, concerning GEHA’s efforts to protect Grand View Estates’ (GVE’s) Estate Residential zoning and nonurban semi-rural land use. The membership also voted to get a Newsflash to the printer within the same time, and here it is! Members further voted to send out the actual text of GEHA’s proposed letter of application for comment from the community, and that letter is attached. Unless there is opposition from the community, and after input from the community and consultation with Douglas County planning staff, GEHA will again edit and submit the letter to the County and to the Town of Parker as an application to amend three important documents,. The documents that appear inconsistent and ambiguous concerning provisions that affect GVE are: Parker/Douglas County Intergovernmental Agreement (IGA), Douglas County Comprehensive Master Plan, and Douglas County Zoning Resolution.
GEHA membership also voted to collect any comments from the community for seven (7) days after mailing and before submitting the final application letter to Douglas County and the Town of Parker. The period for comments will extend for seven days after the printed Newsflash is mailed. GEHA wants to ensure that residents are aware of the effort to clarify our status and to offer them the opportunity for input.
You can provide comments to Charles Bucknam (firstname.lastname@example.org) or 303-805- 1690 or in the GEHA drop box at 12460 North Third Street . Here is the proposed draft letter of application:
RE: Letter of Application for Amendments to Douglas County Comprehensive Master Plan, Douglas County-Parker IGA, and Douglas County Zoning Resolution
Dear Mr. Fowler and Mr. McGee:
After reviewing the Douglas County Comprehensive Master Plan (DCCMP), the Intergovernmental Agreement (IGA) with the Town of Parker, and Douglas County Zoning Resolution (DCZR), Grandview Estates Homeowners Association (GEHA) observes that Grand View Estates (GVE) is not clearly and consistently identified as nonurban semi-rural (DCCMP) and Estate Residential (ER) in all three documents. GEHA requests that all three documents and any attachments or supporting documents be amended to protect GVE’s identity as nonurban semi-rural and Estate Residential, so that there is no ambiguity or misinterpretation now or in the future.
Neither GEHA nor the Grandview Estates Rural Water Conservation District (GERWCD) received notice of changes in the initial IGA provisions directly affecting Grandview. Charles Bucknam, GEHA and GERWCD board member, found out about the changes after the document had been drafted without a request for review and comment by GEHA, when Parker published a notice for the second amendment to the IGA. Mr. Bucknam then met with County staff to raise concerns about defining GVE (Region B of the Community Separation Buffer in the IGA) as a subdivision for redevelopment with “urban level services” or “commercial in nature”. GEHA took the opportunity to propose new changes as a response to Parker’s referral for the third amendment.
GEHA and GERWCD respectfully request that Douglas County and the Town of Parker notify both entities of future governmental actions in a timely manner and in writing prior to making changes that affect GVE. Doing so will allow Grandview to respond to proposed changes in writing. GEHA is a volunteer homeowners’ association. GERWCD is a water conservancy district (local government).
We are unsure how to interpret the following language in the IGA 4.1.2: “…when appropriate urban level services are provided.”, and why urban density redevelopment could be considered for GVE”s Estate Residential zoning. Urban level services are not defined in the IGA, but may include upgraded roads and infrastructure for water and sanitation. The county, on consultation with GEHA, conducted a poll concerning the roads, and there was not enough support for expensive upgrades.
GERWCD also conducted a survey to determine the need and desire to transition to a renewable water system in cooperation with the Douglas County Water Alternatives Program. Results confirmed adequate supply and water quality using the network of existing private exempt wells is sufficient, and that the homeowners do not want outside water at this time. There is no desire for a central system using renewable water in the foreseeable future.
The amendments requested are as follows;
The Comprehensive Master Plan graphically identifies GVE in Map 3.1 as part of the North-East Subarea, and Map 3.6 as a subdivision. The text from Section 3 “Nonurban Land Use” states “Semi- rural development is generally defined at a density of one unit per 2.5 acres to one dwelling unit per 17.4 acres”. Grandview is predominantly 2 acres and therefore excluded from the nonurban semi- rural designation by this statement. Amend this sentence to identify semi-rural as “one unit per 2.0 acres to one dwelling unit per 17.4 acres”, or add new text so that GVE’s density is separately addressed to define it as Estate Residential and Nonurban Semi-Rural. A separate section would provide the clearest text which could not be subject to misinterpretation. In addition, the text in Policies 3-3E.1 through 3-3E.8 (listed under Objective 3.3) are most relevant to new development, not existing development such as GVE. Planning Area Map Attachment A identifies GVE Nonurban (white) with a crosshatch indicating it is part of the Community Separation Buffer.
IGA Graphics: Zoning Map Attachment B (from the third amendment project file at he County website shows graphics that are poorly reproduced. The graphics for GVE could be interpreted as Suburban Residential instead of Estate Residential per the legend. Please correct. We request our zoning assignation in the IGA to remain Estate Residential as shown in the DCZR, which allows animal units in accordance with the VA99-009 Grand View Estates Variance to Minimum Lot Size from the Douglas County Board of Adjustment.
IGA Text: Region B – Grandview Estates is defined as Region B, and no other subdivision appears to bears this designation. This can allow for Region B to be separately identified and text developed which will eliminate ambiguous language subject to misinterpretation.
Section 4.1.2 – “Region B: Residential development in this region may continue to build out in the established land pattern of nonurban semi-rural Estate Residential, at one dwelling unit per 2.0 acres. Redevelopment may be considered when all of the following principles/requirements are met:
Section 184.108.40.206 – “Site development shall be sensitive to the physical patterns of land and water that occur naturally on the site.”
Section 220.127.116.11 – “Development shall be clustered to preserve the floodplain and natural features of Happy Canyon Creek to the extent possible.”
Section 18.104.22.168 – “Lincoln Avenue provides a sense of transition into the Town and acts as a “gateway” into the community. Development along this thoroughfare shall respect and incorporate design elements that enhance the concept of community gateway.”
Section 22.214.171.124 – “Site design will provide for pedestrian and equestrian connectivity to adjacent communities, limiting vehicular connectivity to Lincoln Avenue except for designated emergency services access (sheriff/police, fire) at the northern boundary of Region B.”
Section 126.96.36.199 – “The existing open space, parks and trails shall remain to meet the needs of the development and improved when possible.”
Add Section 188.8.131.52 – “Redevelopment is limited to existing densities for single dwelling units renovated or replaced by a new single dwelling unit or development of one new single dwelling unit on 2 or more acres. Separate structures serving as a storage unit, garage, or barn without a dwelling unit on the same lot are not permitted by the covenants. Redevelopment in this region may be supported with appropriate nonurban semi-rural level services.
Zoning Resolution Graphics: The Zoning Map graphics show GVE as Estate Residential, but the text is not consistent because of dwelling densities per acre indicated. Attachment C
Zoning Resolution Text
Zoning Resolution Section 6 ER Residential Estate District
601 Intent – Lot size is currently defined as, “The density range is from one dwelling per 4.9 acres to one dwelling per 2.5 acres”. To align with proposed CMP and IGA language, change the minimum density to “one dwelling per 2.0 acres for Grand View Estates”. Note that the next lowest density zoning is RR-Rural Residential District which allows for one dwelling per 9.9 acres to one dwelling per 5 acres. The next highest density zoning is SR-Suburban Residential District which allows 4.36 dwelling units per acre. The current ER-Estate Residential density as noted above clearly places Grandview into a non-defined density range that is inconsistent with the current CMP and IGA, and places Grandview in a position for ambiguous definition and subject to misinterpretation.
607 Maximum Gross Density –Currently defined as: “The gross density shall not exceed 1 dwelling per 2.5) acres and may be less due to required infrastructure or dedication, or environmental constraints. The overall density may be increased per section 608, herein”. Again, Grandview is placed in a position for ambiguous definition and subject to misinterpretation and should be defined at 2.0 acres and has a grandfathered status
613.00 Present language should be revised to read: “All uses be served by a central water facility and/or individual wells as allowed in the Central Basin of Section 18A Water Overlay District and permitted by the Colorado Division of Water Resources.”
Thank you for your assistance and cooperation in this matter. Please advise on further steps to complete this application process. .
Jerri Hill President GEHA