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HomeMy WebLinkAboutH Hight letter 11.01.10 Draft Zoning Revision Request November 1,2410 D OFSUpFRtqso Mr. Dan Breedan, Senior PlannerNov. RS Mar.. Tim Snellings, Director,Department of Developmental � Services 0 2 7010 County of Butte Development ServicesORpV IL Butte County Board of Supervisors LE�ALIFpRN Iq 7 County Center Drive Oroville, CA 95965 Re: Draft Zoning Revision Request for real property located at 3296 Williams Road, Butte Valley CA 95965. APN 041-614-001-040 Dear Mr. Breedan and Mr. Snellings, My name is Hillery Hight and I am the owner of a 40-acre parcel located at 3296 Williams Rd., in the Butte Valley area. I co-own this property with Lorri De Walt. The APN is 041-610-001-000. On September 30, 2410, 1 spoke before the Planning Commission meeting to outline a Request for Revision of the 2010 Draft Zoning Ordinance as it relates to our parcel. I am writing this letter as a follow up to the comments that I made at that meeting. When we purchased the subject property in 2000 it was zoned as "un-classified". The current Draft Zoning Ordinance is proposing that this property be rezoned as AG-160. I am asking the Planning Commission to change the zoning for my parcel in the Draft Zoning Ordinance document to AG-20. We are asking you to reconsider and change the proposed zoning for the subject property for the following reasons: 1. Extreme variation in the topography of the property created by rocky bluffs and change in elevation. Natural topography,has effectively divided the property in to two distinct areas. A casual observer cannot ignore the extreme geographic diversity on the property. In many ways it is like two separate areas contained in one parcel. In this snap you can see that the property is of an irregular shape, which I describe as a sideways "L". p � r e r Parcel reap of su ' ct property r There-is an extreme elevation change from the western edge of the property to the eastern ``Border of the parcel, effectively splitting the parcel in half by steep rocky bluffs. It is not feasible to travel from one end of the parcel to the other in a car. On the west side, the approximate elevation is 500 ft. The elevation on the east end of the property is nearly 900 ft. Our home is located on the western end of the "L", and we gain access to it via Williams Road. The Eastern side of the property is accessed via Old Stage Road which passes through that side of the parcel. The western half of the parcel lies along the eastern slope of Berry Canyon and is bordered at the west by Little Dry Creek. Williams Road passes through this section of the property. The following two photographs clearly show the dramatic differences between the two sections of the property. Western border of property located at the bottom of Berry Canyon via Williams Road. • y a n. x x r Eastern,upper-half of property located on Perkins Ridge, via Old Stage Road. The Eastern end of the property is a wide-open rocky bluff located on Perkins Ridge; much higher in elevation. Old Stage Road passes through this portion of the property. When we purchased the property we thought that the lot layout seemed illogical and awkward in many ways. The topography and the.shape of the parcel both lend merit to the idea of splitting the property. It was always nice to know that we could apply for a property subdivision if we felt the need to do so. Under the current "Unclassified" zoning, a lot division is possible. For us the property was inherently more valuable because the possibility of subdividing was an option. If the zoning changes to AG- 160 zoning the inherent value of the property for us is diminished. Because the use of the Eastern half of the property is not consistent with the use of the property on Western side, we believed that the property might someday be divided in to two more suitable, discrete lots as follows: r,• Approximate location of desirable dividing line on the ' subject property. 2. Topography has limited the feasibility of our grazing agreement and made vegetation management difficult. We are part of a large grazing agreement between a local rancher and the property owners living off of Williams Road. This agreement allows for the cattle to move freely between adjoining parcels of land within the area. When we purchased the property the property owners along Stage Road were also part of a similar grazing agreement with the same rancher. This allowed for the cattle to roam the properties situated along Stage Road, ours included. The primary advantage of cattle grazing to us is the reduced fuel loading, resulting in reduced fire danger. About two years after purchasing the parcel, the property owners who live on Old Stage Road opted out of their grazing agreement. This meant that the rancher would now need to keep his cattle off of their property. In order for the rancher to avoid a costly fence installation they decided to contain the cattle within the canyon accessible by Williams Road, using the rocky bluff as an effective cattle barrier. Because half of our property falls above that bluff, this has effectively removed about 20 acres from the usable grazing area. Without the cattle grazing, the grasses on that portion of our property were not feasible for us to control as we had originally planned through the grazing agreement. Consequently the fire danger increased dramatically for the upper 20 acres of our land. Unfortunately because the upper area could not be accessed by the cattle for grazing, it became one of the severe causalities of the 2008 Humboldt Fire, with severe tree loss and post-fire devastation. That area will not be the same for a very long time. On the other hand, where the fire came through the Williams Road area, the vegetation has recovered f nicely. The percentage of large trees that succumbed to the affects of the fire was a small fraction compared to what happened on the upper Old Stage Road section of the property. 3. The parcel is subject to CC&Rs recorded February 27th, 1996 by the developer of the subdivision Mark Habib, and were established for the purpose of protecting the value and desirability of the subject property. These CC&R's have already been submitted by Mr.Habib during Public Comment at the September 30t" meeting. The CC&Rs clearly state that: "Purchasers of any parcels within the parcel map area shall also be entitled to subdivide said parcels or create a PUD if allowed by then existing Butte County ordinances and regulations, provided, however, that all lots created within the parcel map area shall be subject to all of the provisions of the CC&Rs." We have no immediate plans to subdivide our parcel it were to be zoned AG-20. We think that someday it could be suitable home site for someone and would be consistent in use with other 20 acres parcels that connect to Old Stage Road and the subject property. Establishing a home site in that area 'would not detract from the use of the adjoining properties. If a subdivide were ever officially pursued by us, it is important to emphasize that the new lot created would be subject to all of the provisions of the current CC&Rs that provide for thoughtful structure location avoiding clear line of sight between home sites. I would also reinforce the limit on allowable fencing in order to maintain the rural integrity of the area. 4. Maintenance of Old Stage Road access. Being a property owner brings responsibilities. Our property is unusual in that it has two separate road easements which both allow neighboring landowners to traverse the subject property on a daily basis. The maintenance of these roads is the responsibility of the landowners in the area. When a tree falls and blocks the road people clear their areas themselves. Keeping roads clear and safe for those who pass over them is an ethical responsibility. We have spent countless days maintaining the area on Old Stage Road in a safe and passable state. We feel that it our responsibility to do this even though we do not use the road ourselves more than a few times a year. Since the Humboldt Fire, there has been an increase in the number of dead trees falling across the road. We have painstakingly removed these trees from the roadway to provide a safe fire escape route for the property owners who use Old Stage Road. This property is a lot of work to maintain, yet we derive very little benefit from it. 5. Security concerns. Due to the difference in elevation between our home site and the top of our property, we cannot readily monitor activity on that section of the parcel. Normally this would not be an issue, but since a paved road traverses this area, providing roadway access to neighboring homes, there is a lot of vehicle traffic. Because this paved road goes right through a part of our property that we cannot readily access, it presents a security concern for us because we are not able to easily monitor the activities of others who can gain ready access to our property. It is somewhat disconcerting to have so much activity taking place on your property and you have very little ability to monitor it. -If.the property were to someday be subdivided in to two 20-acre parcels, a home could be established there, where monitoring the integrity of the land and road would be easier for the properly owner. Changing the zoning of this parcel will also provide the County with two significant benefits: 1) Collection of fixture development fees and 2) The potential for more adequate vegetation management and reduction in fire danger if the property were someday owned and maintained more appropriately by another party. County Staff and regulatory agencies will always have the opportunity to comment on and impose conditions and restraints on any proposed future subdivision of the parcel going forward. If Ms. De Walt and I chose to pursue an official split of the property, the County will have the authority and opportunity to review the application to ensure consistency with all applicable and fair objectives of the County. Thank you for your consideration in this matter. I respectfully request that the subject property be assigned the AG-20 designation, thus allowing for the possibility of the property being divided in to two separate parcels at some point in the future. I will be following up with you by telephone and propose that we meet to discuss this at your earliest possible convenience. Thank you for your time. If you have any questions or wish to discuss this matter further, please do not hesitate to contact me. Sincerely, Hillery Hight 3296 Williams Road Butte Valley CA 95965 Cc: Supervisor Lambert Supervisor Yamaguchi Supervisor Connelly