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HomeMy WebLinkAbout3.0 BOCC Staff Report 02.06.2006BOCC 02/06/06 FJ PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Amend the text of the Los Amigos Ranch PUD APPLICANT: Elk Mesa Properties, LLC LEGAL COUNSEL: Balcomb & Green LOCATION: A parcel of land located in portions of Sections 35 and 36, T6S, R89W; portions of Sections 31, 32, and 33 of T6S and R88W of the 6th P.M.: more practically located approximately 2 miles southeast of Glenwood Springs off of CR 114. SITE DATA: WATER: SEWER: ACCESS: ZONING: 1,703.058 acres Central Water ISDS / Central System CR 114 PUD 2h107i' I. DESCRIPTION OF THE PROPOSAL Elk Mesa Properties, LLC, current owner of all unsold lots of the Los Amigos Ranch PUD, requests the Board approve a request to amend the phasing schedule of the Los Amigos Planned Unit Development such that the commencement date (submission of Preliminary Plan) of Phase 3 is extended from December 31, 2005 to December 31, 2008, (a three year extension). You will recall, the Applicant received approval from the Planning Commission and the Board of County Commissioners to extend the commencement date for the same phase in October 2003 from December 31, 2002 to December 31, 2005. This approval is memorialized in resolution 2004 -05. This request is identical to their recent request where the Applicant will continue to adhere to the completion deadline of December 31, 2010. This phase designation 3 is described as the 80 high - density single - family lots in the Lower Valley of the Los Amigos Ranch PUD. Staff has provided the approved PUD phasing plan on the following page. The Applicant submitted a letter requesting the 1 amendment. (Exhibit C). II. PUD PHASING PLAN APPROVED IN RESOLUTION 2004 -05 Phase Phase Designation Description of Phase Commencement Date Completion of Development (per Designation (Submission of Preliminary Plan) Subdivision Improvement Agreement) (Preliminary Plan) (Final Plat) I A Approx 38 lots on Road A and (I ) lot adjacent to Filing 2 December 31, 1996 December 31, 1999 2 B Approx 45 lots on road A near water tank and on Road B December 31, 1999 December 31, 2002 2 C Approx 45 lots through second draw, Road D December 31, 1999 December 31, 2005 2 D Approx 40 lots through third draw, Road E December 31, 1999 December 31, 2008 2 E Remainder single family lots, rural residential lots and neighborhood commercial December 31, 1999 December 31, 2010 3 F 80 high density single-family lots in Lower Valley December 31, 2005 December 31, 2010 III. STAFF COMMENTS Section 4.12.03 of the Garfield County Zoning Resolution identifies the criteria by which the Board of County Commissioners may allow for the modification of a PUD plan. Specifically, it states, all those provisions of the Plan authorized to be enforced by the County may be modified, removed or released by the County, subject to the following (these criteria are listed below in bold italics followed by a 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; and Response The present application requests a change in the PUD zone text extending the deadline for submittal of a preliminary plan application for that portion of Los Amigos Ranch PUD known as the "Lower Valley." No part of the Lower Valley has been developed to this date. The Lower Valley is across County Road 114 and topographically lower than the remainder of the PUD. The 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 2 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 the Preliminary Plan for the Lower Valley is justified because the applicant has diligently participated in the construction of an expansion of the Spring Valley Sanitation District Wastewater Treatment Plant which was necessary to provide wastewater treatment service to development in the Lower Valley which has obligated 270 EQR's to the property. Additionally, the physical water and sewer lines have been extended to the property and are presently in place to serve the development when development occurs. Based on this, it appears the applicant has consistently demonstrated its intent to develop the Lower Valley as provided in the PUD. The application requests only an extension of the time to submit a preliminary plan application for the Lower Valley, not a request to extend the completion date for development. 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, an application for such designation shall contain unanimous approval of all 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. IV. SUGGESTED FINDINGS TO BOARD OF COUNTY COMMISSIONERS 1. That the meeting before the County Planning Commission and the Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the meeting. 2. That the proposed PUD Amendment can be determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 3. That the application has met the requirements of the Garfield County Zoning Resolution of 1978, as amended, specifically Sections 4.12.03. 3 V. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends that the Board of County Commissioners approve the proposed text amendment of the Los Amigos Ranch PUD. 4 EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER ANNE MARIE MCPHEE SARA M. DUNN DANIEL C. WENNOOLE SCOTT GROSSCUP VIA HAND DELIVERY TO: BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. 0. DRAWER 700 8.1 8 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 TELEPHONE: 970.945.8546 FACSIMILE: 070.94 5.9769 www.balcombgreen.com December 12, 2005 Fred Jarman, Senior Planner Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Re: Application to Amend Los Amigos Ranch PUD Dear Fred: L 6 KENNETH BALCOMB (I 920-2005) OF COUNSEL: JOHN A. TH ULSON SPECIAL COUNSEL: WALTER D. LowRY As we have recently discussed, I am herewith submitting an Application for a zone text amendment to the Los Amigos Ranch PUD. As suggested by the guidelines for submittal requirements, two copies of this letter and all of its attachments (except for the fee) are being provided. This Application is submitted on behalf of Elk Mesa Properties, LLC, the owner of the subject property. The subject property is that portion of the Los Amigos Ranch PUD generally described as the 80 high density single family lots in the Lower Valley (the "Lower Valley "). As you may recall, Resolution No. 96 -34 of the Board of County Commissioners of Garfield County, copy enclosed, establishes the operative zoning approval for the PUD. Paragraph 21 of Resolution No. 96 -34 establishes the approved phasing schedule for the PUD.' Oct October 6, 2003, You will recall that portions of the phasing schedule set forth in Resolution No. 96 -34 were amended by Resolution No. 98 -30, "A Resolution Concerned with the Approval of a Preliminary Plan for the Los Amigos Ranch, Filings 6 - 10 Subdivision." The approved change was to require that a final plat for the first development phase approved in such preliminary plan was submitted within one year of the preliminary plan approval as required by Section 4:34 of the Garfield County Subdivision Regulations. This deadline was met by the County's approval of the Final Plat for Los Amigos Ranch Filing No. 6 and the recording of that Final Plat on February 7, 2001 as Reception No. 575830. The remainder of the phasing schedule deadlines set forth in Resolution No. 96 -34 were not modified by Resolution No. 98 -30. BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Fred Jarman, Senior Planner December 12, 2005 Page 2 as reflected in Resolution 2004 -05, copy enclosed, the Board of County Commissioners approved our request to amend paragraph 21 of Resolution 96 -34, so that the deadline for submitting an application for preliminary plan for Phase Designation (Preliminary Plan) 3 was extended to December 31, 2005. By this letter, the Applicant is requesting the following amendment of paragraph 21 of Resolution No. 96-34, as previously amended by Resolution No. 2004 -05: That the Commencement Date (Submission of Preliminary Plan) for Phase Designation (Preliminary Plan) 3 be changed from December 31, 2005 to December 31, 2008. 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: 1. To this date, the Applicant has diligently developed the PUD in accordance with the approved phasing schedule set out in paragraph 21 of Resolution No. 96 -34 as modified by Resolution No. 98 -30 and Resolution No. 2004 -05. The Applicant obtained preliminary plan approval for Preliminary Plan Phase Designation 2 in accordance with the approved phasing schedule, and thereafter completed the development of Los Amigos Ranch, Filing No. 6 and Filing No. 7 (which equate to Phase Designations (Final Plat) B and C) in accordance with the phasing schedule. Commencing in approximately early fall of 1998 the Applicant commenced negotiations with the Spring Valley Sanitation District and other property owners within Spring Valley for the funding and construction of an expanded wastewater treatment facility, to be owned and operated by the Spring Valley Sanitation District, to provide wastewater treatment services to a large area of Spring Valley and the Lower Valley. These negotiations lasted well over a year and culminated in the execution of that certain Pre - Inclusion and Wastewater Treatment Plan Development Agreement dated December 15, 1999. Pursuant to that Agreement, the Spring Valley Sanitation District has now completed the construction of an expanded wastewater treatment facility which became operational in October, 2002. Under that Agreement, the Applicant paid approximately $1.1 Million of the construction costs of the plant, or approximately 25% of the total construction costs. In exchange for this payment, the Applicant has reserved 270 EQR's of treatment capacity from the expanded wastewater treatment plant, 80 of which are allocated for the development of the Lower Valley. In addition, in connection with the construction of the new Spring Valley Sanitation District Wastewater treatment plant, and development of infrastructure to other phases of Los BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Fred Jarman, Senior Planner December 12, 2005 Page 3 Amigos Ranch PUD, the Applicant has actually installed both water and sewer utility lines into the boundaries of the Lower Valley at a cost to the Applicant of several hundred thousand dollars. Under these facts, wastewater treatment service and domestic water service for the Lower Valley is in place, and an application for preliminary plan approval relying on these utility systems will now be appropriate. Given the uncertain economic conditions at this time, the Applicant is requesting an extension of time until December 31, 2008 to submit its preliminary plan application for the Lower Valley. Because the Applicant is not requesting any extension of the completion date for development of the Lower Valley, the entire PUD will be completed within 15 years of the PUD approval which is within the time frame allowed for the development of projects of this size as set forth in Section 4:34 of the Subdivision Regulations. Clearly, the Applicant has consistently evidenced its intent to fully develop the PUD as approved by Resolution No. 96-34. 2. By this request, the Applicant is asking only that the deadline to submit the preliminary plan for Phase Designation (Preliminary Plan) 3 in Resolution No. 2004 -05 be extended until December 31, 2008. No extension of the completion deadline for the Lower Valley is requested. 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. Section 4.12.03 of the Zoning Resolution states that all those provisions of a PUD plan authorize to be enforced by the County maybe 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, rem oval 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: 1. Response The present request is to change the approved phasing schedule in the PUD by extending the deadline for submitting the preliminary plan application for that portion of Los Amigos Ranch PUD known as the "Lower Valley." No part of the Lower Valley has been developed to this date. The Lower Valley is across County Road 114 and topographically lower than the remainder of the PUD. The 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. BALCOMB & GREEN, P.C• A'T'TORNEYS AT LAW Fred Jarman, Senior Planner December 12, 2005 Page 4 (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- 67104. 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 ofland 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 the preliminary plan for the Lower Valley is justified because the applicant has diligently participated in the construction of an expansion of the Spring Valley Sanitation District Wastewater Treatment Plant which was necessary to provide wastewater treatment service to development in the Lower Valley and has installed water and sewer main lines to the Lower Valley. The applicant has consistently demonstrated its intent to develop the Lower Valley as provided in the PUD. The application requests only an extension of the time to submit a preliminary plan application for the Lower Valley; the Applicant does not request to extend the completion date for development. 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, an application for such: designation shall contain unanimous approval of all 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 Elk Mesa Properties, LLC authorizing me to act on its behalf to submit and prosecute this application; 3. Garfield County's Agreement for Payment Form executed by Elk Mesa Properties, LLC; BA.I.COMB & GREEN, P.C. ATTORNEYS AT LAW Fred Jarman, Senior Planner December 12, 2005 Page 5 4. A current commitment for title insurance reflecting that Elk Mesa Properties, LLC is the owner of the subject property; and 5. Our check in the amount of $500.00 which we understand to be the application fee for processing a PUD text amendment. We look forward to working with you to process this application. Very truly yours, BALCOMB & GREEN, P.C. LRG/bc Encls. xc: Gary McElwee (w /out ends.) awrence R. Green