Clear Creek commissioners approve planned-development rezoning for Saint Mary's restaurant and retail

The Board of County Commissioners on March 4 voted to approve Resolution 25-35, rezoning Lot 8, Unit 3 of the Winterland Subdivision (case 21RZ-002) from R-1 to a Planned Development to allow a two-story, 3,990-square-foot structure with a parking area for restaurant and retail uses in the Saint Mary27s area.

The rezoning was recommended by the county Planning Commission, which voted 4-0 to forward approval after staff and the commission concluded that outstanding site-specific matters could be settled in permitting. Garrett McAllister, planning manager for Clear Creek County, told the board the key unresolved items were the location of a retaining wall relative to the property line, snow-storage/collection design, and whether vehicle access should be located on Alice Drive (the lower-classification road) rather than Fall River Road as proposed. McAllister said those issues "will be reviewed at the time of site development permitting" and could be handled either administratively or by returning to the board as required by Section 910.2 of the county zoning regulations.

Mike Myers, the applicant and a local builder, told commissioners he chose the Planned Development (PD) approach to allow flexibility and to reduce risk if a commercial restaurant operator could not be secured, saying the PD would permit conversion to residential in that circumstance. Myers described the project as a log-constructed, two-story building with retail space and a restaurant component and said he expects a modest year-round operation with higher activity in summer months. He also said access from Alice Drive would be steep and that building access from Fall River Road has a gentler grade (about 3.5 percent) and is safer in winter; he offered to adjust site design if needed.

Public comment included many residents from Saint Mary27s and nearby condominiums who said the community lacks a central meeting place and basic food/retail services. Hans Holkering said a local gathering spot would improve community safety and reduce the need for short trips down the hill, and several others told the board they support the project as proposed.

After discussion of appropriate conditions, including requirements the applicant work with Public Works and Site Development on access and drainage and that snow-storage areas be tied into water-quality treatment before discharge, the board voted to approve the rezoning and adoption of Resolution 25-35. A motion to approve referenced the case number and instructed staff to insert the final list of conditions discussed at the March 4 hearing into the official approval documents.

Commissioners noted the project27s key benefit: commercial water and sewer can be provided in Saint Mary27s for the first time for a commercial use, enabling visitor-serving services in an otherwise remote neighborhood. The board also emphasized that modifications to the Official Development Plan (ODP) that are substantial would require a return to the Board of County Commissioners, while minor technical adjustments could be handled administratively by the planning director.

"It appears that staff and the Planning Commission see this as in general conformance with the Master Plan," Garrett McAllister said during the hearing, noting that retail and restaurant uses would provide amenities for residents and visitors.

Outcome: The board approved Resolution 25-35 (case 21RZ-002) to rezone the parcel to a Planned Development allowing restaurant and retail uses, subject to conditions to be finalized in the permitting process. Vote: motion passed (ayes recorded; roll-call names not specified in the public transcript).