Loading...
HomeMy WebLinkAbout3.0 BOCC Staff Report 02.11.2009Y116,411 :1 _9 2/4) 2/7' MEMORANDUM TO Garfield County Planning Commission FROM County Planning Staff, Fred A. Jarman DATE February 11, 2009 RE Text Amendment to the Aspen Glen Planned Unit Development 1. Background Aspen Glen Planned Unit Development (PUD) was approved by the Board of County Commissioners (BOCC) in 1992 which is memorialized in Resolution 92 - 056. This zoning approval (from ARRD to PUD) included a phasing plan that planned out the methodical development of Aspen Glen to be fully completed by March 15, 2000. All of Aspen Glen has developed since 1992 with the exception of phase IX which is a parcel of land west of County Road 109 and was zoned for thirty -one (31) 2 -- 10 acre "Estate Homesites." This phase was zoned as a "2- Acre Residential Zone District" and contains approximately 154 acres. This remaining phase is shown graphically here: 11. Request The Applicant requests the Board approve an amendment to the phasing plan so that the commencement date for this last phase is extended from March 15, 1999 to December 31, 2013 and the completion dates be extended from March 15, 2000 to November 1, 2015. This would provide a 14 -year extension to complete 1 the project and result in a total phasing plan of 23 years. The County's land use regulations requires that PUDs be completely built -out (with infrastructure) in 15 years. Ili. Action Initiated by the BOCC Because the phasing plan in the PUD approval has been exceeded, the Zoning Resolution of 1978 requires the Board of County Commissioners take the following action pursuant to Section 4.09.02 of the Garfield County Zoning Resolution of 1978, as amended. 1) Revoke approval for the uncompleted portion of the PUD, or Staff Response The Board could elect to easily vacate this portion of the PUD with no adverse impacts to the existing residents of Aspen Glen since this property is completely separated from the developed Aspen Glen community by County Road 109. Note, condition no. 80 of the PUD approval provided by the Board in 1992 stated... "A violation of the agreed phasing plan could result in the revocation of the PUD by the Board of County Commissioners." Along with that approval, the Board "vested" the approvals until March 14, 2001 which has now also expired; therefore, this development is now subject to all new regulations presently in place. With new regulations in place, the site specific issues will be addressed through the development of the property via subdivision. Should the Board elect to vacate this portion of the PUD, the Board will also need to initiate a public hearing to rezone it to a new zoning district. Recall, the original zone district was ARRD which is now Rural. The application states that water and sewer service has been extended to the property boundary of this phase and capacity to serve has already been achieved through the Roaring Fork Water and Sanitation District. Staff agrees that these actions demonstrate the planned development of this property. Due to the relative orderly development of Aspen Glen, the anticipated development of this parcel with the extension of utilities, and having the ability to review site specific issues through subdivision review, Staff does not recommend the Board revoke this portion of the PUD. 2) Require that the PUD be amended, or Staff Response The Board could amend the PUD to extend the phasing schedule such that the commencement date for this last phase is extended from March 15, 1999 to December 31, 2013 and the completion dates be extended from March 15, 2000 2 to November 1, 2015. As already stated, this would provide a 14 -year extension to complete the project and result in a total phasing plan of 23 years. The County's land use regulations require that PUDs be completely built -out (with infrastructure) in 15 years. As mentioned in the background, the Board originally approved the PUD in 1992 which set the zoning for the property and vested the development for 15 years. Following that, the Board approved the Preliminary Plan in 1993 with the expectation that final plat applications would be submitted for each phase as they developed over time. As this appears to be the last final plat for the development of Aspen Glen, there are certain conditions of the Preliminary Plan that the Board and Applicant should recall. Consider the following: 4. That the applicant shall be responsible for paying for any signalization required pursuant to Colorado Department of Transportation (CDOT) signal warrants at the entrance to the Aspen Glen development off of State Highway 82 until the last Final Plat is approved or at such time prior to that date that the Colorado department of Transportation verifies in writing that the applicant will not be responsible for such sigfalixation. That at the time of submittal of every Final Flat subsequent to the first Final Plat, the County will consult with CDOT to determine if a warrant analysis is needed at that time. In any case, the applicant shall submit a warrant analysis performed by a licensed traffic engineer with the last Final Plat, using full buildout of the development as one of the assumptions. Failure to pay as set forth herein shall be considered to be a violation of approval of the Preliminary Plan. In addition to other remedies for such violation, the Board shall not approve any Final Plat, after the time payment is due and not received. Therefore, at the time a Final Plat is submitted, the Applicant is required to provide an analysis prepared by an engineer to determine if a light at Aspen Glen and SH82 is warranted. 3) Extend the time for completion of the PUD one (1) time, for a period not to exceed one (1) year from the expiration of the original time limit. Staff Response To extend the timeline of the phasing plan as contemplated by this option would be pointless as the new deadline would be March 15, 2001. IV. Staff Recommendation The Planning Commission is required to make a recommendation of one of the three options to the BOCC as required in Section 4.09.02 of the Garfield County Zoning Resolution of 1978, as amended: 1) Revoke approval for the uncompleted portion of the PUD, or 3 2) Require that the PUD be amended, or 3) Extend the time for completion of the PUD one (1) time, for a period not to exceed one (1) year from the expiration of the original time limit. Staff recommends the Planning Commission recommend the Board require that the PUD be amended to extend the phasing schedule in order to complete the PUD. The Applicant requests the commencement date be extended from March 15, 1999 to December 31, 2013 and the completion date be extended from March 15, 2000 to November 1, 2015. There was no justification for such a lengthy timeframe for extension except the uncertainty of the economy. Staff suggests a completion date of March 15, 2010 to commence and completion by March 15, 2011. This recommendation is based primarily on the following: 1) The water and wastewater utilities and road infrastructure are complete to the property demonstrating the reasonable intent to develop according to the original plan; 2) The Roaring Fork Water and Sanitation District has already included water and wastewater service to the property in its planning; and 3) Aspen Glen has developed generally within the scope of its original plan since 1992. V. Recommended Motion and Findings of Fact "I make a motion to recommend the Board of County Commissioners amend the phasing plan of the Aspen Glen PUD such that the completion date for Phase IX be extended from March 15, 1999 to March 15, 2010 and the completion dates be extended from March 15, 2000 to March 15, 2011 with the following findings of fact and conditions:" 1) This modification, removal or release of the provisions of the Plan by the County does not affect the rights of the residents, occupants and owners of the PUD to maintain and enforce those provisions at law or in equity; and 2) This amendment of the provisions of the 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. 4 3) This amendment is properly sought pursuant to Sections 4.09.02, 4.12.04, and 10.01.01 of the Garfield County Zoning Resolution of 1978, as amended. 4) The Applicant shall provide Staff with an original Zoning Map and a copy of the approved Preliminary Plan to verify their requests prior to scheduling this matter before the Board of County Commissioners. 5