Park County approves Paradise Valley zoning amendment, narrows Mill Creek Ridge viewshed test

Park County commissioners on Oct. 21 approved an amendment to the Paradise Valley Planning and Zoning District regulations that removes a Mill Creek Ridge viewshed test while keeping viewshed protections for remaining Elbow Creek properties and clarifying how a 30-foot height limit is measured.

Planning staff told the commission the petition replaces a prior "military horizon" test for Mill Creek Ridge with a requirement that structures in that subdivision be built within existing building envelopes and not exceed 30 feet in height, and that the amendment clarifies where "natural grade" is measured. "This would remove the military horizon definition and provisions," the planning staff said, and it would "require structures ... not be seen from specific points along East River Road" for other parcels in the district.

Laura Dumond Gurcio, an affected property owner in the Paradise Valley district, asked the commissioners to initiate the amendment by adopting a resolution of intention and to require direct notice to all affected property owners for future amendments. "I respectfully request that the commissioners consider adopting a resolution of intention to initiate an amendment ... to require direct notice to all affected property owners," she said.

Tracy Raich, cochair of the local advisory committee, told the commission the amendment has "overwhelming support" from the advisory committee and thanked staff for tightening the document. "We really would like to get this finalized," she said.

Commissioners discussed precise language about measurement points and where viewshed tests would remain. Commissioner Wells proposed tightening the height measurement to prevent a house from being measured from the top of a bank and thereby exceed the intended 30-foot limit: "No portion of any structure shall exceed a true vertical height of 30 feet above the lowest original natural grade adjacent to the structure," he said, proposing edits that removed wording that could be read to measure from an elevated point.

Planning staff and the county attorney's office prepared a Word version of the updated language for on-screen review, and commissioners agreed on additional clarifications (including map edits and specifying East River Road segments within the district). Commissioner Vermillion moved to approve the petition to amend the Paradise Valley regulations including the day's amendments; the motion was seconded, put to voice vote and carried. The chair called for the finalized document to be signed and filed in the clerk and recorder's office after ministerial edits.

The amendment process followed prior review by the Paradise Valley Zoning Advisory Committee and the Planning and Zoning Commission, both of which recommended approval, planning staff said. The commission did not record roll-call votes in the spoken record; the motion passed on a voice vote.

The commission directed staff to incorporate the agreed text changes and to return the redlined document for final signature and filing. The change will be recorded formally after the clerk's office files the amended regulations.