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Home My WebLink About2.0 PC Staff Report 11.28.2007k /e., tr''*/ G-r) Exhibits - Public Meeting (lLl28l07) fixhibit Letter {A to,Z) ,Exhibit A Garfield County ZonitgRegulations of 1978, as amended (the Zoning Code) B Staff Memorandum C Application PROJECT INFORMATION AND STAFF COMMENTS PC DP tu28l07 Amend the text of the Los Amigos Ranch PUD, Multi-Family District (Lots 1 and 2) Hayden Rader David H. McConaughy, Esq., Garfield and Hecht, P.C. Lots 1 and 2 of the Los Amigos Ranch PUD REOUEST APPLICANT REPRESENTATTVE(S) LOCATION I.BACKGROUND David McConaughy of Garfield and Hecht, P.C. has submitted an application for an amendment to the text of the Los Amigos Ranch PUD. The land owner, Hayden Rader, currentlyowns [,ot 1 of Los Amigos Ranch PUD which is zoned Multi-Family. Lots I and2 are the only lots zoned Multi-Family within the Los Amigos Ranch PUD. This requested PUD text amendment is in response to condition of approval #3 from the September 13, 2007 Planning Commission meeting-in regards to Eagle Ridge Town Homgs. As the Commissioners may recall, the Applicant wouid like to develop the existing 7.315 acre property to accommodate town home style development which includes the sale of the land under the town home. In order to facilitate the sale of the land under the associated town homes, the Applicant is proposing to reduce the minimum I S@sandcondominiums.Single-familyandtwo-familydeve1opmentisto maintain the Gxisting maximum lot coverage, setbacks, maximum building height and maximum F.A.R relative to each designated single-family or two-family lot. The current Uses for the Multi-Family zone district include: Single family, two family and multiple family dwelling, and customary accessory uses, town house, common wall design; home occupation as a Conditional Use The dimensional requirements of the Multi-Family Zone District are as follows: Minimum Lot Area: 40,000 Square Feet Maximum Lot Coverage: 507o Minimum Setbacks: 25' Front and Back 10'Sides Maximum Height: Maximum F.A.R.: 30' 0.5 Los Amigos Ranch PUD Text Amendment: Multi-Family Zone District 1 tr.REQUEST The Applicant states that: The purpose of the proposerJ text arnendmenl is to reduce the n:ir"rimum lot area in the Mulfi-family Dislrict (Lots I and 2) of Los r\migos Ranch PUD from 40.000 square fcet to 6C10 square-feet for torvnhouse and condominiums. \Ye selected 600 square t'uct for thc minimurn ioi area for tormhouse and condominium units to be consisteni with other tourrhouse projects in {iarfield Counq'(see, e.g., Resolution No. 2006-58 regarding Lat47 of the \ralle,v View Village PtiD). hut the Applicant may he willing to accept a larger minimum lot at'ea if you find it necessary. The proposed neu' FUD zoning district text for the h,tulti Family Zone District is as follows: drvellings: 600 square-feet * Referenced zorre disrrict text applies to each of I as a whole. nor to indir,idualir, created torvnhou Lots t and ? ofthc Resubdivision of Los Amigr:s Ranch Filing No. se, condomiuium, or attached single-family dweliing lors. Resubdivision of Los Amigos Ranch Filing No. I slrall not exceed -{091, of the total ilrea of snd I oi the Resubdivision of Los Amigos Ranch filing No. I as follows; ?5' front and back: l0' sides Ranch Filing Nn. I shall not excccd 50r','u of thc rotal arca of sucir Iot ' imum Set-backs and F.A.R bglpduced for the t ent styles to generally accommodate I007o lot coverage and no maximum F.A.R. However. the tisto ythe Maxi STAFF COMMENTS Section 4.12.03 of the Garfield County Zoning Resolution identifies the criteria the Board of Los Amigos Ranch PUD Text Amendment: Multi-Family Zone District 2 ZONtr DISTRICT rt xllrl I Llr/ CONDITTOi\^.ILus};t ]\tTTTi[ITiM LOT ARIA F1AX LOI c0vtrRActr ItJNrNLflt $ETBAC}(s MAX i}IEIGHT i t|rAx I.'.A.R. M.F. (Mulri Family) Single f'amily. two family and mulriple tumily dwelling. and cust0mary acgessory uses. town house, condominium, commgn wall design. conditional uses sauie as (a.1 single family denched drvellings and nvo-t"amily dwetlings; 7,500 sguare-feet (3,750 s.f, for each duplex uniu (a) not more than 50?6 (a) 25' front and back; l0' .sides (a) 30'(a) 0.5 fbi touuhnuses and ccndominiums, zero lot-line attached single famil-"- (bt l00o,i, (zsro ] ib) r.r*, lot line for lot linei. I individual uniu. * 'l-oral lor j ' All buildings coverage ol'each I shall be selhack of Lots I ald 2 i fronr tire exisring ofrhe I kx lines of l.ots I ftj 30' I * Total {Ioor area I of all buildings , located on Lot I i or Lot 2 ofthe I Resubdivision of I Los Amieost- -:. ln summary, the Applicant is requesting to reduce the Minimum Lot.size fgr townhouse and *-\ gondominium style development to 600 squile feet while reducing sinele family and two-familv-.domthecuITent40,000squarefeet.Inaddition,theApplicantis and2 (7.315 acres m. and F.A.R. for the when County Commissioners shall use to determine if a modification to a PUD is warranted. 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 Staff response): (I) No modifi.cation, 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 Staff Response This text amendment will only affect Lots 1 and 2 within the Multi-Family Zone District of the Los Amigos PUD. As the Applicant owns Lot I (7.315 acres) and a letter from William and Pamela Gibson, the owners of Lot 2 (7.315 acres), has been submitted which does not express any opposition to the text amendment, Staff finds that the proposed text amendment is not anticipated to "affect the rights of the residents, occupants and owners of the PUD to maintain and enforce those provisions at law or in equity" and, as a result, this criterion 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 land the modificationl 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. Staff Response Staff understands that the idea behind creating a 40,000 square foot minimum lot size while ailowing common wall and town home style construction as a use-by-right within the Multi- Family zone district was to encourage the development of either rental units or the sale of only air-space condominiums. Under this scenario, the Developer is currently able to develop town homes without the sale of land. However, Staff understands that due to the current market and finance conditions, the developer desires to sell land with the town homes. To accommodate this desire, the Applicant is proposing to reduce the lot size from 40,000 square feet to 600 square feet. The end product, however, is anticipated look and function in a similar manner whether the land which the town home is built on is sold with the unit or if the unit is sold as an air-space condominium. To this end, Staff finds the proposal to amend the PUD text is consistent with the efficient development and preservation of the entire PUD and the modification 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. As a result, this criterion 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 u,ithin the PUD. Los Amigos Ranch PUD Text Amendment: Multi-Family Zone District aJ rv. Staff Response Staff understands that affected Lots I and 2 within the Los Amigos PUD do not include any time-share or fractional ownership units. ln addition, the proposed text amendment is not anticipated to affect any existing time-share or fractional owners units. This criterion does not apply. STAFF RECOMMENDATION & SUGGESTED FINDINGS TO T}IE BOARD OF COUNTY COMMISSIONERS Staff recommends the Planning Commission recommend approval of the proposed amendment to the text of the Multi-Family zone district within the Los Amigos Ranch PUD to the Board of County Commissioners as proposed. Staff suggests that the Planning Commission make the following findings: 1. That the meeting before the County Planning Commission and the public hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard; 2. -the proposed f the Plan bythe County does not affect the rights of the rglidents, occupants and owners of the PUD to maintain and enforce those provisions at law or in equity; 3. The PUD text is consistent with th. "ffi.i"rt d"relop-", entire anner either the enjoyment of land abutting upon or across a street from the PUD, or the pubiic interest, and is not granted solely to confer a special benefit upon any person; 4. That the p PUD Amendment has been determined to be in the best interest of the health, safe 5. That the application has met the requirements of the Garfield County ZonrngResolution of 1978, as amended, specifically Sections 4.12.03. Los Amigos Ranch PUD Text Amendment: Multi-Famrly Zone District 4 s, convenience, order,