HomeMy WebLinkAbout1.0 ApplicationEDWARD MULHALL. JR.
SCOTT BALCOMB
LAWRENCE R. GREEN
TIMOTHY A. THULSON
DAVID C. HALLFORD
CHRISTOPHER L. COYLE
THOMAS J. HARTERT
CHRISTOPHER L. GEIGER
SARA M. DIJNN
DANIEL C. WENNOGLE
SCOTT GROSSCUP
CHAD J. LEE
NICHOLAS B. NELSON
VIA HAND DELIVERY TO:
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
P. 0. DRAWER 790
818 COLORADO AVENUE
GLENWOOD SPRINGS, COLORADO 81602
Telephone: 970.945.6546
Facsimile: 970.945.9769
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December 11, 2008
Feed Jarman, Planning Director
Garfield County Building and Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Re: Application to Amend Aspen Glen PUD
Dear Fred:
KENNETH BALCOMS
(E 920-2005)
OF COUNSEL:
JOHN A. THULSON
As we have recently discussed, I am herewith submitting an Application for a zone text
amendment to the Aspen Glen PUD. As suggested by the guidelines for submittal requirements,
three copies of this letter and all of its attachments (except for the fee) are being provided.
This Application is submitted on behalf of Aspen Glen Golf Company, the owner of the
subject property. The subject property is that portion of the Aspen Glen PUD which lies west of
County Road 109. We refer to this property internally as The Reserve at Aspen Glen ("The
Reserve ").
Resolution No. 92 -056 of the Board of County Commissioners of Garfield County, copy
enclosed, granted approval for the Aspen Glen PUD. Paragraph 79 of Resolution No. 92 -056
establishes the approved phasing schedule for the PUD. The phase designations set forth in
paragraph 79 relate to the phase designations contained in the original Application for the Aspen
Glen PUD. We have therefore enclosed copies of pages 70 -73 and a related phasing plan map from
the Aspen Glen PUD Application. These pages set forth the proposed phasing plan for Aspen Glen
and define the phases. You will see that "all the land located on the west side of County Road 109,"
that is, the property now known as The Reserve, and the 31 dwelling units that may be developed on
that property, are defined as Phase IX of the PUD. Under paragraph 79, Phase IX was to commence
on March 15, 1999 and be completed on March 15, 2000.
By this request, the Applicant is asking that the text of the chart in paragraph 79 of
Resolution No. 92 -056 by changed to reflect that the deadline to submit the Final Plat for Phase IX of
BALCOMS & GREEN, P.C.
ATTORNEYS AT LAW
Fred Jarman, Planning Director December 11, 2008
Page 2
the Aspen Glen PUD be extended until December 31, 2013 and that the Completion Date be
extended until November 1, 2015. We submit that the phasing schedule amendment requested by
this Application is an amendment to the text of an approved PUD resolution which does not affect
the shape, boundaries or area of any district within the PUD, and is therefore a "text amendment"
under Section 10.01.01 of the Garfield County Zoning Resolution of 1978, and should be processed
as such.
Pursuant to Section 10.03 of the Garfield County Zoning Resolution, we submit the
following reasons to support the requested amendment:
First, The Reserve (or Phase IX) of the Aspen Glen PUD is the final phase of Aspen Glen to
be developed. All other phases within the PUD have already been developed essentially in
accordance with the approved phasing plan contained in Resolution No. 92 -056.1 Thus, the request
to extend the commencement date for development of The Reserve is not a request to extend the
development of an abandoned subdivision, or a subdivision which has seen little or no development
activity. The Applicant is only requesting approval to extend the development of the last phase of
the PUD and there is no evidence that the Applicant has ever abandoned its intention to develop The
Reserve.
Second, in developing the other phases of Aspen Glen, the Applicant has actually
"commenced" development of The Reserve. The Applicant has extended water and sewer lines to
the boundaries of The Reserve. These utility lines were sized with the capacity to provide service to
The Reserve. The water and sewer facilities, now owned and operated by the Roaring Fork Water &
Sanitation District, but constructed by the Applicant, were constructed with capacity to provide
service to The Reserve. The streets within Aspen Glen were designed and constructed in anticipation
of traffic to be generated by the development of The Reserve. It is only the final plat for The Reserve
and infrastructure internal to this part of Aspen Glen that has not occurred.
Third, in hindsight, the phasing plan approved for Aspen Glen in Resolution No. 92 -056 was
unrealistic. The Aspen Glen PUD was approved for a total of 632 units. It turns out that that number
of units could not be developed and absorbed within the timeframe set out in the originally approved
phasing plan. The local and national economies have suffered many ups and downs since 1992. We
are all aware of the present uncertainty in both our local and national economies. Under these
circumstances, the request to extend the deadline for commencing development of The Reserve for
five years from now is reasonable.
A request to amend a PUD is to be considered in the context of the criteria set forth in
Section 4.12.03 of the Garfield County Zoning Resolution. We submit that this request is justified
because it is consistent with those criteria.
There is one exception to this statement. The property burdened by the Eagle Nest Buffer Zone has not
been developed and cannot be developed unless and until the Eagle Nest Buffer Zone is removed upon approval of
the Colorado Division of Wildlife. See paragraphs 6 -16 of Resolution No. 92 -056. The timing of the development
of that part of the PUD burdened by the Eagle Nest Buffer Zone is therefore controlled by the terms of the Buffer
Zone rather than the phasing schedule.
BALCOMB & GREEN, P.C.
ATTORNEYS AT LAW
Fred Jarman, Planning Director December 11, 2008
Page 3
Section 4.12.03 of the Zoning Resolution states that all those provisions of a PUD plan
authorize to be enforced by the County may be modified, removed or released by the County, subject
to the following (the criteria are listed below in bold italics, followed by the Applicant's response):
(1) No modification, removal or release of the provisions of the Plan by the County
shall affect the rights of the residents, occupants and owners of the PUD to
maintain and enforce those provisions at law or in equity:
Response
The present request is to change the approved phasing schedule in the PUD by
extending the deadline for submitting the Final Plat application for that portion of
Aspen Glen PUD known as The Reserve. The Reserve is across County Road 109
and physically separated by the County Road from the remainder of the PUD. This
application does not request any change in land use or location of common open
space for any portion of the PUD. The request therefore should not affect rights of
owners or residents to maintain and enforce their rights at law or equity. This
standard is met,
(2) No substantial modifications, removal or release of the provisions of the Plan
by the County shall be permitted except upon a finding by the County, following a
public hearing called and held in accordance with the provisions of Section 24 -67-
104. C.R.S., that the modification, removal or release is consistent with the efficient
development and preservation of the entire PUD does not affect in a substantially
adverse manner either the enjoyment of land abutting upon or across a street from
the PUD, or the public interest, and is not granted solely to confer a special benefit
upon any person.
Response
The request to extend the deadline for submittal of a Final Plat for The Reserve is
justified because the Applicant has developed the other phases of the Aspen Glen
PUD essentially in accordance with the approved phasing plan. By its development
of the other phases of Aspen Glen the Applicant has installed infrastructure which
will provide service to The Reserve. By so doing the Applicant has consistently
demonstrated its intent to develop The Reserve as provided in the PUD.
Development of The Reserve, whenever it occurs, will not require development work
within the already developed portions of Aspen Glen. As such, the requested zone
text amendment is consistent with the efficient development and preservation of the
entire PUD, does not affect in a substantially adverse manner either the enjoyment of
land abutting upon or across the street from the PUD, or the public interest, and is not
granted solely to confer a special benefit upon any person. This standard is met.
(3) If time - share or fractional ownership units or other similar interest in property
are proposed after PUD zoning is granted by the Board of County Commissioners,
BALCONES & GREEN, P.C.
ATTORNEYS AT LAW
Fred Jarman, Planning Director December 10, 2008
Page 4
an application for such designation shall contain unanimous approval of al!
owners of real property within the PUD.
Response
No fractional ownership is currently allowed within the PUD or proposed by the
application. This standard is met.
To complete this application, please find the following also enclosed:
1. Garfield County's Text Amendment to Zone District /Zoning Resolution Application;
2. A letter from Aspen Glen Golf Company authorizing me to act on its behalf to submit
and prosecute this application;
3. A Statement of Authority indicating that the signatory of the authorization letter has
the authority to sign for Aspen Glen Golf Company.
4. Garfield County's Agreement for Payment Form executed by Aspen Glen Golf
Company;
5. A current commitment for title insurance which contains the legal description for The
Reserve and confirms that Aspen Glen Golf Company is the owner of the subject property; and
6. Our check in the amount of $300.00 which we understand to be the application fee
for processing a PUD text amendment.
As always, we look forward to working with you to process this application.
Very truly yours,
BALCOMB & GREEN, P.C.
7
LRG/bc
Encls.
Lawrence R. Green
GARFIELD COUNTY
Litt, 1 200B
.r f' Building & Planning Department
�'_, 108 8'n Street, Suite 401 r • ._,.,.., I
_L 2 . Glenwood Springs, Colorado 81601 �� 1 PLANNING
`�. - Telephone: 970.945.8212 Facsimile: 970.384.34 ru
-' www.garfield- county.corn
TEXT AMENDMENT TO ZONE DISTRICT
Or ZONING RESOLUTION Doc. #1A \77
GENERAL INFORMATION (Please print legibly)
. Name of Property Owner: Aspen Glen Golf Company
Mailing Address: 200 Merchant Street Telephone: (843) 785 -6688
City: Hilton Head Island State: SC Zip Code: 29926 Cell: (979) 574 -9227
E -mail address: jjordan @traditionsclub.com FAX: (979) 821 -2577
:- Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc):
Lawrence R, Green, Esq., Balcomb & Green, P.C.
- Mailing Address: 818 Colorado Avenue Telephone: (970) 945 -6546
City: Glenwood Springs State: CO Zip Code: 81601 Cell: ( )
.- E -mail address: larry@balcombgreen.com FAX: (970) 945 -9769
Specific Section of County Zoning Resolution of 1978 or PUD to be amended:
Paragraph 79 of Garfield County Resolution No. 92 -056, The Resolution approving
the Aspen Glen PUD.
Purpose for the proposed text amendment:
To modify the phasing schedule contained in Resolution No. 92 -056 to extend the
time to develop the only undeveloped phase within the Aspen Glen PUD.
Last Revised 7/1/08
APPLICATION SUBMITTAL REQUIREMENTS
This Application applies to owners of real property in Garfield County who desire to 1) amend, add, or delete
specific text in the County Zoning Resolution, and 2) amend, add, or delete text of an approved zone district
in the Zoning Resolution or an approved Planned Unit Development (PUD).
As a minimum, specifically respond to all the following items below and attach any additional information to
be submitted with this application:
1. Submit a cover letter containing a detailed narrative describing the proposed amendment to an
approved zone district including an approved Planned Unit Development (PUD) or text of the
Zoning Resolution of 1978, as amended. This narrative should describe the overall purpose of
the amendment and the specific sections of the resolution are to be amended.
2. Submit a copy of the deed, legal description, and copy of the County Assessor's Map of the
real property, owned by the Applicant in Garfield County, which will be affected by such change.
3. If you are acting as an agent for the property owner, you must attach an acknowledgement
from the property owner that you may act in his/her behalf. If the property is owned by a
corporate entity (such as an LLC, LLLP, etc.) please submit a copy of a recorded "Statement
of Authority" demonstrating that the person signing the application has the authority to act in
that capacity for the entity."
4. Submit payment of the $300.00 Base Fee: Applicant shall sign the "Agreement for Payment"
form and provide the fee with the application.
5. Submit 3 copies of this completed application form and all the required submittal materials to
the Building and Planning Department. Staff will request additional copies once the application
has been deemed technically complete.
II. PROCEDURAL REQUIREMENTS
(An amendment to an approved zone district or text of the Zoning Resolution is considered a two
step process because it is first reviewed by the Planning Commission which makes a
recommendation to the Board of County Commissions. The following steps outline how the Text
Amendment application review process works in Garfield County.)
1. Submit this completed application form (pages 1 -4), base fee, and all submittal requirements to
the Garfield County Planning Department. It will be received and given to a Staff Planner who
will review the application for technical completeness.
2. Once the application is deemed technically complete, the Staff Planner will send you a letter
indicating the application is complete. In addition, the letter will indicate the dates and times
scheduled for your request to be heard before the Planning Commission during a public
meeting (no notice required) and the Board of County Commissioners during a public hearing
(notice required). The Planning Commission will forward a recommendation to the Board of
County Commissioners to be considered during a properly noticed public hearing. Staff will
send you the appropriate "Public Notice Form(s)" indicating the time and date of your public
hearing and will provide you with a Staff Memorandum regarding your request. (If Staff
determines your application to be deficient, a letter will be sent to you indicating that additional
information is needed to deem your application complete.)
3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the public
hearing before the Board of County Commissioners. If proper notice has not occurred, the
public hearing will not occur. Notice requirements are as follows:
a. Notice by publication, including the name of the applicant, description of the
subject lot, a description of the proposed amendment and nature of the hearing,
and the date, time and place for the hearing shall be given once in a newspaper of
general circulation in that portion of the County in which the subject property is
located at least thirty (30) but not more than sixty (60) days prior to the date of
such hearing, and proof of publication shall be presented at hearing by the
applicant.
4. The Applicant is required to appear before the Planning Commission and the Board of County
Commissioners at the time and date of the public meeting / hearing at which time they will
consider the request. In addition, the Applicant shall provide proof at the hearing before the
Board of County Commissioners that proper notice (publication) was provided.
5. Once the Board of County Commissioners makes a decision regarding the request, Staff will
provide the Applicant with a signed resolution memorializing the action taken by the Board.
Following the Boards' approval, this office will make the approved changes to the Zoning
Resolution.
have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
BALCOMB & GBEEN, P.C.
awrence R. Green, Attar ey for Applicant
Date: December 10, 2008
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
FEE SCHEDULE
Garfield County, pursuant to Board of County Commissioners ( "Board ") Resolution No. 98 -09, has established
a fee structure ( "Base Fee ") for the processing of each type of subdivision and land use applications.
The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied
by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use
application processing time will vary and that an applicant should pay for the total cost of the review which
may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the
respective positions combined with an hourly overhead cost for the office will be used to establish the actual
cost of County staff time devoted to the review of a particular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the
applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final
consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously
failed to pay application fees as required, no new or additional applications will be accepted for processing until
the outstanding fees are paid.
Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application,
and made payable to the Garfield County Treasurer. Applications will not be accepted without the required
application fee. Base Fees are non - refundable in full, unless a written request for withdraw from the applicant
is submitted prior the initial review of the application materials.
Applications must include an Agreement for Payment Form ( "Agreement ") set forth below. The Agreement
establishes the applicant as being responsible for payment of all costs associated with processing the
application. The Agreement must be signed by the party responsible for payment and submitted with the
application in order for it to be accepted.
The complete fee schedule for subdivision and land use applications is attached.
GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
The following Base Fees shall be received by the County at the time of submittal of any procedural application
to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board for the consideration of any application or
additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the
applicant to the County prior to final action upon the application tendered to the County.
TYPE OF PROCEDURE BASE FEE
Vacating Public Roads & Rights -of -Way $400
Sketch Plan $325
Preliminary Plan $675 + application agency review fees
and outside consultant review fees, as
authorized pursuant to the Regulations,
such as the Colorado Geologic Survey
Final Plat $200
Amended Plat $100
Exemption from the Definition of Subdivision (SB -35) $300
Land Use Permits (Conditional Use Permits)
• Board Public Hearing only $400
Land Use Permits (Special Use Permits)
• Planning Commission and Board review & hearing $525
Zoning Amendments
• Zone District map amendment $450
• Zone District text amendment $300
• Zone District map & text amendment $500
• PUD Zone District & Text Amendment $500
• PUD Zone District Text Amendment $500
Comprehensive Plan Amendment $450
Board of Adjustment
• Variance $250
• Interpretation $250
Administrative Permits
• Floodplain Development $400
• Pipeline Development $400
• Minor Temporary Employee Housing $400
Checklist
• Small Temporary Employee Housing $50
Planning Staff Hourly Rate
• Planning Director $50.50
• Senior Planner $40.50
• Planning Technician $33.75
• Secretary $30
County Surveyor Review Fee (includes review of Amended Determined by Surveyor$
Plats, Final Plats, Exemption Plats)
Mylar Recording Fee $11 — 1st page
$10 each additional page
Page 2
The following guidelines shall be used for the administration of the fee structure set forth above:
1. All applications shall be submitted with a signed Agreement for Payment form set forth below.
2. County staff shall keep accurate record of actual time required for the processing of each land use
application, zoning amendment, or subdivision application. Any additional billing will occur commensurate
with the additional costs incurred by the County as a result of having to take more time that that covered by
the base fee.
3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or
subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming
action on the application.
4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all
fees have been paid.
5. In the event that the Board determines that special expertise is needed to assist them in the review of a land
use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and
paid prior to the final consideration of the application. All additional costs shall be paid prior to the
execution of the written resolution confirming action on the application.
6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee Iisted
above.
7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent
planning staff rate listed above.
8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as
required.
9. This fee structure shall be revised annually as part of the County budget hearing process.
Page 3
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
G;1RFlEE.D COUNTY (hereinafter COUNTY) and
(hereinafter APPLICANT) agree as follows:
Aspen Glen Golf Company
1. APPLICANT has submitted to COUNTY an application for
PUD Zone Text Amendment
2. APPLICANT understands and agrees that Garfield County Resolution No. 98 -09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for
the administration o1' the tee structure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this tine to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred,
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the consideration of an
application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLCCANT shall pay additional billings to COUNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision
p lan.
APPLICANT
ASPEN GLEN GOLF COMPANY
By:
Rob Kolb, Presi en
Date: October- , 2008
Mailing Address:
Balconrb & Green, P.C.
c/o Lawrence R. Green, Esq.
P.O. Drawer 790
Glenwood Springs, CO 81602
Page 4