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HomeMy WebLinkAbout6.0 Director's Decision 06.08.2012June 8, 2012 Michael Gamba Gamba & Associates P.O. Box 1458 Garfield County BUILDING & PLANNING DEPARTMENT Glenwood Springs, CO 81602 RE: DIRECTOR'S DECISION Amended Final Plat -Phase 1, Spring Valley Ranch PUD Amended PUD Plan Spring Valley Ranch PUD (File Nos. FPAA-7043 and PDAA-7044) Dear Mike: This letter is provided to you as the representative for Spring Valley Holdings LLC, Applicants for an Amended Final Plat for Phase I Spring Valley Ranch PUD and an Amended PUD Plan for Spring Valley Ranch PUD. The Applicant's request for an Amended Final Plat has been processed pursuant to Section 5-306 of the Garfield County Unified Land Use Resolution of 2008, as amended (ULUR). In accordance with that section the request is being reviewed through the Administrative Review procedures set forth in Section 4-104. The Director of the Building and Planning Department has the authority to approve, approve with conditions, or deny the request pursuant to Section 4-104 (A)(6) .. The PUD Amendment request is submitted pursuant to Section 6-201 (F), Amendments to an Approved PUD. In accordance with Section 6-201(F)(2)(a) the Director of the Building and Planning Department has Determined that the change does not constitute a substantial modification to the approved PUD. In accordance with that determination the application has been reviewed through the Administrative Review procedures set forth in Section 4-104. The Director of the Building and Planning Department has the authority to approve, approve with conditions, or deny the request pursuant to Section 4-104 (A)(6). A decision is hereby issued regarding the request to amend the Final Plat for Phase I, Spring Valley Ranch PUD and to Amend the PUD Plan for Spring Valley Ranch PUD. The Director's Decision is to approve the Application subject to the following find ings and conditions: Findings 1. That proper public notice was provided as required for the Director's Decision on the Plat Amendment and PUD Non-Substantial Amendment requests. 108 Eighth Street, Suite 401' Glenwood Springs, CO 81601 (970) 945-8212 • Fax: (970) 384-3470 2. That the review by the Director was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were provided the opportunity to comment on the requests. 3. That for the above stated and other reasons, the Plat Amendment and Non-Substantial PUD Amendment are in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County if recommended conditions of approval are required. 4. The Application meets the ULUR criteria for a non-substantial amendment to the PUD and Section 5-306 criteria for Administrative Review of Plat Amendments. 5. That subject to compliance with the adopted conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 6. No engineering or design changes to the overall PUD Plan are proposed or approved by this Amendment. The amendments are entirely related to phasing and platting. Conditions of Approval 1. That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Director's Decision contained herein. 2. All prior approvals including plat notes, conditions of approval, and representations of the Applicant including but not limited to those set forth in previous approval documents for the Spring Valley Ranch PUD, including Resolution 2010-38 and Phase 1 Final Plat Recorded at Reception No. 793243, shall remain in effect and in place except as amended herein. 3. The Amended Final Plat shall include a temporary access easement for Phase I Open Space Parcels A and B on the future Highgrange Pass Road rightof-way within Phase I or commitments from the Developer to create such an easement should a building permit be requested on either Open Space Parcel. Said easement or commitment shall remain in place until the Platting of Phase II and the dedication of the Highgrange Pass Road right-of-way. A plat note shall be added to the Phase I Final Plat, approved by the County Attorney's Office indentifying the provisions of this conditions and indicating that access to the Open Space Parcels is limited to said easement and not directly off of the County Road. 4. Final drafts of all documents required for the requested amendments shall be approved by the County Attorney's Office including the Amended Development Agreement, Board of County Commissioners Resolution of Approval incorporating the PUD Plan and Phasing, Conveyance Deed for the Highgrange Pass Right-of-Way, Release of Subdivision Improvements Agreement, and Treasurers Deposit Agreements Security Releases. All final edits shall be completed and the documents fully executed with the exception of the Board of County Commissioners prior to presentation to the Board for their execution. 5. The proposed Amended Final Plat for Phase I shall be reviewed and approved by the County Surveyor and County Attorney's Office and all required edits to the plat completed prior to prior to submittal to the Board of County Commissioners for signatures. 6. The Plat shall meet the minimum CRS standards for land survey plats, as required by Colorado State Law and shall meet all requirements of the ULUR for a final plat including sign-off by any lien holders and all certificates including County Treasurer's Certificate of Taxes Paid. All required documents in a form ready for recording shall be provided to the County within 120 days of the Director's Decision. The ULUR requires notification to the Board of County Commissioners for their review and potential call-up of the application for public hearing. The Board review is for a period of 10 days after which the plat mylar and related documents may be scheduled for signature if there is no request for call-up to a public hearing. The call-up period shall expire on June 18, 2012. The Amended Final Plat and related documents, will be scheduled on the Board of County Commissioner's consent agenda after expiration of the call-up period and once all the conditions of approval have been met. Sincerely, Fred A. Jarman, AI Director of Building and Planning CC: Carey Gagnon, Acting County Attorney Board of County Commissioners