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HomeMy WebLinkAbout3.0 BOCC Staff Report 12.17.2007Exhibits - Public Hearing (l2l17lO7) Exhibit Letter {A to Z} Exhihit A Proof of Publication B Proof of Public Notice C Garfield County ZoningRegulations of 1978, as amended (the Zoning Code) D Staff Memorandum E Application BOCC t2n7t07 DP PROJECT INFORMATION AND STAFF COMMENTS REOUEST APPLICANT REPRESENTATTVE(S) LOCATION 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 and2 of the Los Amigos Ranch PUD 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, currently owns Lot 1 of Los Amigos Ranch PUD which is zoned Multi-Family. Lots I andZ 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 13,2001 Planning Commission meeting in regards to Eagle Ridge Town Homes. As background, the Applicant would like to develop the existing 1.315 acre property to accommodate town home style development which includes the sale of the land under the town home. [n order to facilitate the sale of the land under the associated town homes, the Applicant is proposing to reduce the minimum lot size from 40,000 square feet to 600 square feet for town homes and condominiums. Single-family and two-family development is to maintain the existing maximum lot coverage, setbacks, maximum building height and maximum F.A.R relative to each designated single-family or two-family lot. This application was heard by the Planning Commission on November 28, 2007. At this meeting the Planning Commission recommended that the Board of County Commissioners approve the requested text amendment by a vote of 6-0. 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-Famlly Zone District are as follows: Minimum Lot Area: Maximum Lot Coverage: 40,000 Square Feet 50Vo Los Amigos Ranch PUD Text Amendment: Multi-Famlly Zone District 1 Minimum Setbacks: Maximum Height: Maximum F.A.R.: 25' Front and Back 10'Sides 30' 0.5 3t 33 7.6 r.7 u a\sq N A0q Above: This location map identifies the subiect parcel within the Los Amigos PUD and in relation to County Road 114, Colorado Mountain College and Highway 82 Los Amigos Ranch PUD Text Amendment: Multi-Family Zone District 2 tr.REQUEST The Applicant states that: The purpose of the prup*secl t*xt amendment is tei redu$e the mi$mum lot area in the fuJulti-fhmil"v Oistrict ([,ats 1 and 3) oi Los Amigos Ranch PUD from 40.000 sqlrare feet to 6Cl0 square-feet lbr tar,l,'nhouse and corrciominiums. \Ye selected 600 squarc feet fur the minimun iot area fur torrxirouse and condominium units Io be consistent u'ith otber torqmhouse projects in Carfield Cerunry (see. e.g.. Resolution No. 2006-58 regarding Lal47 of the \,ralle1,View Village PtiD), hut the Applicant may he willing to accept a larger midmum lot area if 1'ou find it necessary" The proposed neu, PLll) zoning district text for the h;fulti l"amil-v Zone District is as follows: zo\f DISTfiICT t I;nn,"ITEI,/ CO!\I'ITIO!i,.1,L Istis Single lamiiy. rwo family and niultiple family drv*lling, and cu$to$ary scces$ory uscs, torvn house. condominium. common wall design, cnnditiona! |]ses salne as S.F". M.F, llvlulri Iramiil,') (a) sirgle fanily' detached drvellings and tuo-t'amily dwellings: 7,500 square-fert (3,750 s.f, for each duplex unitl (b) tounhouses and condominiums, zero lot-line attached single family- dwcllings: 60{l square-fbet (l], not moro than 501ir (h) 100-',i, {zr.ro lot line).* Totel lo: coverage ol'each of Lots I t*rd 2 ofthe Resubriivision o{' Los Amigos Ranch Filing No. I shatl not rxceed -{(ls,.i of the total iroa of such lot (a) !5' front and backr ]0'sides (b) zero lot line for individual units.* All huildings *hall be settrack f,ol'r the exisring ht Iincs tll'[,ots ] and 3 ofthe Resubdivision of Los Amigos Ranch i'iiiug l,io. I as lollow;; 35' iront and back: i0' sidts I ta):o' (a) 0.5 i {bJ 30' * Total floor area i of all buildings located on l-ot I or l.ot L ofthe R.esubdivision oI Los Amigus Ranch Filing Ntr. I shall not exceed 50r','o of 1 thi'tr:tal ares of I :',-* Refbrenced zone dirrrict tert applies to each of Lots I and 2 of the Rcsubdivision of Los Amigox Ranch Filing No I as a whole. not to individualil,creared torvnhouse, condoarinium. or aftached singlc-famili' duelling lots. In summary, the Applicant is requesting to reduce the Minimum Lot size for townhouse and condominium style development to 600 square feet while reducing single family and two-family dwellings to 7,500 square feet from the current 40,000 square feet. [n addition, the Applicant is requesting that the Maximum Lot Coverage, Minimum Setbacks and F.A.R be reduced for the townhouse and condominium development styles to generally accommodate lOO7o lot coverage and no maximum F.A.R. However, the request is to apply the existing Maximum Lot Coverage, Minimum Setbacks and F.A.R. for the existing Lots 1 andZ (7 .315 acres each) in their entirety when in relation to townhouse and condominium style development. STAFF COMMENTS Section 4.12.03 of the Garfield County Zonrng Resolution identifies the criteria the Board of Los Amigos Ranch PUD Text Amendment: Multi-Famlly Zone District J III\[_:N[-}I I M,Ui L(}',t'ltINlr\itrllt sLTB,.r(hs m. 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 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 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 | (7.315 acres) and a letter from William and Pamela Gibson, the owners of Lot 2 (1.315 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 modifi.cations, removal or release of the provisions of the Plan by the County shall be permitted except upon afinding 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 fficient 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 allowing corlmon 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 curuent 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 propefi within the PUD. Los Amigos Ranch PUD Text Amendment: Multi-Family Zone District 4 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. In 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 THE BOARD OF COTINTY COMMISSIONERS Staff recommends that the Board of County Commissioners APPROVE the proposed amendment to the text of the Multi-Family zone district (Lots I and2) within the Los Amigos Ranch PUD as proposed. Staff suggests that the Board of County Commissioners make the following findings: 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; The proposed 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; 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; That the proposed PUD Amendment has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County; 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 5 1. 2. J. 4. 5.