Ouray Zoning Change Request Denied

Posted by: Erin Eddy

March 06, 2009
Written By Christopher Pike

County commissioners rejected a landowner's bid to amend Land Use Code zoning standards.

The code amendment, had it passed, would have enabled the property owner next to Eagle Hill Ranch subdivision north of Ridgway to split his land into three lots, matching the density in Eagle Hill.

Commissioners said Monday they accepted the Ouray County Planning Commission's reasoning in its recommendation of denial last Nov. 18. The commission's report noted that the new language, as presented by the applicant, could result in the rezoning of property "even if the adjacent parcel's current zoning does not match."

The P&Z also declared that should the code amendment become law, a parcel anywhere in the county "could be rezoned to historical zoning densities that no longer exist, or ... granted density that has been done away with."

Applicant Steve Jordon owns a 21.83-acre parcel next to Eagle Hill Ranch. Jordon invoked several sections within the LUC, beginning last May, to subdividie his parcel into three lots. He had argued that his parcel could be subdivided since it is surrounded "on all sides by developments of greater density that which is being proposed."

Jordon's representative, Robert Savath, said the only reason his client was pursuing this process was because there is "no other way under the current code to address this application." Savath was reminded by BOCC Chairman Heidi Albritton, however, that future recourse was available for Jordon to split the parcel into two lots as allowed by Section 17 of the code.

Commissioner Keith Meinert said the request was significant in that it would have broadened the ability of future county commissioners to make code changes. Those may have expanded the use of zoning changes to increase density and decrease the lot size.