HomeMy WebLinkAbout4.0 BOCC Staff Report 03.16.2009MEMORANDUM
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TO Garfield County Board of County Commissioners
FROM County Planning Staff, Fred A. Jarman
DATE March 16, 2009
RE Text Amendment to the Aspen Glen Planned Unit Development
I. 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:
II. 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
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c)
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. So, again the request is the following:
Phase 9 Commencement:
Phase 9 Completion:
111. Action Initiated by the BOCC
March 15, 1999 to December 31, 2013
March 15, 2000 to November 1, 2015
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.
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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 fast 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. 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 l- lighway 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
sipalization. That at the time of submittal of every Final Plat 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 ol'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. Planning Commission Recommendation
On February 11, 2009, the Planning Commission unanimously recommended the
Board amend the PUD Phasing Plan such that:
Phase 9 Commencement: Extended from March 15, 1999 to December 31, 2013
Phase 9 Completion: Extended from March 15, 2000 to November 1, 2015
This recommendation is based primarily on the following:
1) The fact that 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 fact that the Roaring Fork Water and Sanitation District has already
included water and wastewater service to the property in its planning;
3) The fact that Aspen Glen has developed generally within the scope of its
original plan since 1992; and
4) Did not want to create economic hardship by requiring lots to be created
when absorption is unlikely due to current economy.
V. Recommended Motion and Findings of Fact
"I make a motion to amend the phasing plan of the Aspen Glen PUD such that
the completion date for Phase IX be extended such that the commencement
occurs on December 31, 2013 and the completion occurs by November 1, 2015
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;
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;
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; and
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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.
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