HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
lOB gth Street, Suite 401
Glenwood Springs, Colorado 81601
Telepho ne: 970.945.82 1 2 Facsi mile: 970.384.347 O
www. qq.!Jield-countv.com
Text Amendment to Zone District lZoning Resolution
i Doc. No.:
> Planner:
STAFF USE ONLY
Date Subrnitted:_ TC Date:
Hearing Date;
IIr.rar
IIIrtIIIrlIII!Irrr
GENERAL INFORMATION
Name of Propeftv Owner Hayden Rader
Address: P . o. Box 686 TelePhone: 948-o699
City:Glenwood Springs State: co - Zip Code: Bt6o2 FAX.._.-g_4J-qJS!
P Name of Representative, if anv (Planner,_Attornev, etc):
David H. IvlcConaughy r Esq. , Garf ield & Hecht, P. C.
tr Address:42O 7th StreeL, Suit 100 Telephone:947-1936
P City: Gf enwood sprinqs State: co Zip Code:81601 FAX: g+l-Lgll
P Specific Section of County Zoning Resolution of 1978 or PUD to be amended:
Zoninq District Text of the
Los Amigos Ranch Planned Unit Development regarding
Mrrlt i-Fami Iv Zone District
P Purpose for the proposed text amendment:
.To re.drrce --
dist.rict Lo 6OO square feet (centLal sewer), zeto 19t-line
atrached singl-e family (townhouse) dwelfinqs
minimum 1ot area in the multi-family zone
1.
t.ION SUBMITTAL RE
This Application applies to owners of real prope(y in Gar{ield County who desire to 1) amend, add, or delete
specilic text in the County Zoning Flesolution, and 2l amend, add, or delete text of an approved zone district
in the Zoning Resolution or an approved Planned Unit Development (PUD)-
As a minimum, specifically respond to all the following items below and attach any additional information to
be submitted with this application:
Submit a cover lelter containing a detailod narrative describing the proposed amendment to an
approved zone districl including an approved Planned Unit Development (PUD) or text of the
Zoning Resolution of I978, as amended. This narralive should describe the overall purpose of
the amendment and the specific sections of the resolution are to be amended.
Subrnit a copy of the deed, legal description, and copy of the County Assessor's Map ol lhe
real property, owned by the AB!'licrnrtn-Oarfield County, which will be affected by such change.
lf you are acting as an agent for the property owner, you must anach an acknowledgement
from the property owner that you may act in his/her behalf.
Jq. Submit payment of the $300.00 Base Fee: Applicant shall sign the "Agreement for Payment"
lorm and provide the fee with the application.
Submit 2 copies ol this completed application form and all the required submittal materials to
the Building and Planning Department. Staff wilt request additional copies once the application
has been deenred teclrnically complete.
il. PROCEpURAL REOUIRFMENTS
(An amendment to an approved zone district or text of the Zoning Resolution is considered a two
step process because it is first reviewed by the Planning Commission which makes a
recommendation to the Board of County Commissions. The following steps outline how the Text
Amendment application review process works in Garfield County.)
1. Submit this completed application form (pages 1-4), base fee, and all submittal requirernenls to
the Garfield County Planning Department. lt will be received and given to a Staff Planner who
will review the application for technical completeness.
2. Once the application is deemed technically complete, the Staff Planner will send you a letter
indicating the application is complete. ln addition, the lelter will indicate the dates and times
scheduled for your request to be heard before the Planning Commission during a public
meeting (no noiice required) and the Board of County Commissioners during a public hearing
(notice required). The Planning Commission will forward a recommendation to the Board ol
County Commissioners to be considered during a properly noticed public hearing. Stafl will
send you the appropriate "Public Notice Form(s)' indicating the time and date of your public
hearing and will provide you with a Stafl Memorandum regarding your request. (lf Statf
determines your application to be deficient, a letter will be sent to you indicating that additional
information is needed to deem your application complete-)
3. lt iS sotely the Applicant's responsibility to ensure proper nolicing occurs regarding the public
hoaring before the Board of County Commissioners. lf proper notice has nol occurred, !@
public hearinq will no! gceur. Notice requirements are as follows:
0
0
qd
4.
5.
a. Notice by publication, including the narne of the applicant, description of thesubject lot, a description of the proposed amsndmeni ano nature or ihe hejring,and the date,.time and place fo.r the hearing shall be given once in a newspaper olgeneral circulation in that portion of the County in wnbn the subject prrdr1, i,located at,least thirty (30) but not more than sixty (60) days prior to the date ofsuch hearing, and proof of publication shall be ireient6O'at hearing OV tneapplicant,
The Applicant is required to appear before the Planning Commisslon and the Board of CountyCommissioners at lhe time and date of the pubJic mieting / hearing at which time they willconsider the request' ln addition, the Applicant shall provide proof o:t tn, hearing before theBoard ol County Commissioners that proper notice (publicationj *u" provided.
Once the Board of County Commissioners makes a decision regarding the request, Staff wi1pro.vide the Applicant.with a signed resolution memorializrng the adidn taken'by ti-re goard.
Following the Boards' approvai, this otfice will make the approved changes to the ZoningResolution.
I have read the statements abovo and have provided the required attached information which iscorrect and accurate to the best of my knowledge.
Last Revised: O7l2O07
(Signature of Property Owner)
GARFI E LD C O UNT Y -,iL?ff,frT? PELANNIN G D E PARTM E NT
Garfield couuty' pursuant to Board of county commissioners ("Board,) Resolution No. gg-0g; hns established afee structure ("l3ase Fee") for the processiog Lrourh ffi of subdivision and 1and use applicatious-
The Base Fee is an estimate of the avorage number ofho,rs of stafftime dwoted t9 an apprioatioq mrrltipried byan hourly rate for tbe personnel i""olved- Tho BoaJ-recngaizedthat the subdivision -a ruoa use applicationprocessing time will vary and that a1 applicaut J"rrid p"v ro, the total cosr of tbe r"rir* ,tirr, r*y requireadditional billing' Horulv ra'tes based
"ir'tuf rr"*l;;r*, * iilr. *irl cosrs of the respective posirionsililffif.H*5Tl"Tm"#"H:";tr; *,ru u,ua to Isuiti"h*e acruar cost orcounry sraffdme
Actual staff tir'e:P.ry ,,iu be charged against the Base Fee, After the Base Fee has been erpended, theapplicant wiu be billed based on actual staff hows accrued. ..ff birirg ,tru u. paid in firll prior to finalcorsideration of any land use perurit, *,,n;ngamendr'nt or subdivisio, pluJ iran apptica.c has previor:sly &iled:X,|ffi#fi:;"Hf required" no uew or additional appticarions *rril accepted for processing *tl tu"
chects' including the appropriare Base Fee set fonh below, musl be zubmitted with eaoh land use applicatioaand rnade payable t'o the Garfield cbuuty.Tre-asur9r, Applicatious w1r not L accepted. withort the requiredapplication fee' Base Fees *" oo@-L , *in"o ,"qr.rt for withdraw from the appricant issubmiued prior the initiar review of the apprication;rrirr".
Applicatiolu mrrst include m C.eere€ment.) set forth below. The Agreem@establishes the applicant * u"iog ruqpo*iblu fom-;f ar oosts associatea with pmcessing the appricatiou.If-ffitrIrffi be signed -u'* p"tv ,"qpr;ilb f"' pav@ent aad submitt"d ;th ft.;;ri*tioa in order
The complete tire schodule for subdivisiou and tanr{ uso applications is attached.
$250
s250
GARFIED COUNTY BUIDING AI{D PLANNING DEPARTMENT
BASE F'EES
The following Base Fees shall be received by the counu at the time of subminar of any procedurar appiication towhich such &es relate' such Base F;;r-.Iru ;;".d;ti#Jo *o excrusive of *,y cosr for publicadon or cost ofconsulting service deternined "*",*y by the Br;;;;;he considerutio, oraoy apprication or additionar;"#%:tr:ff.?iffi,iff l#jT#i;1tr"1#iii#x;Hil[T,',",iH;;;d;#tyil,uppr,.,o,
TYPE OF PROCEDURE
f.acatrne
public Roads & Righrs_oflWay
Sketch PIan
Preliminary plan
F-inal plat
Amended plal
Exemption froln the Definition of Subdir.ision (SB-35)Land Use permirs (Speciat Urrtiiniitional LIre permi*). Administrative/no public hearing. Board publjc Hearing only. p&rnning Commission andBoard review & hearingZontng Amend.ments. Zone District map amend-mentt Zone District text amsndment. Zone District rnap & te>,1 amendrnent. PUD Zone District & Tex Amendmerit. pUD Zone District Text amenanrentBoard ofAdjustnent. Variance. Inteqpretadon
Plaruring Sta-ff Hourly Rater Planning Director. Senior planner
' Planning Technician. Secretary
Fiff i#7,y^,\wi;;,fri;f,' rtview of Amended Determined b5, surveyor$
BASE TED
$400
$325
$6ZS + application agenc), review fees
and outside consultant ,uui.* G"r, u,authorized pursrunt to the Regr.l_"*tions,
such as the Colorado GeologiJ Su*uy'
s200
$r00
$300
$250
$400
$52s
$450
$300
$s00
$500
$500
Mylzr Recording Fee
$50.s0
$40.50
$33.7s
$30
$1I - 1"page
$10 each additional page
-
Page2
The followirg guideJines qhall !s used for the admini$ration ofthe fee structrre set forth above:
I ' AII appticatiors shell be submitted with a signed Agreement for payment form set forth berow.2. cor.urty sta-ff shalr koep accurate record of actuar rimrappricatircn,,?:ryd;d;;]orsubdivisr"*ril*n*flf;:?:ffiiffi
:,fi T.,.H"HL**,,",Hillx additronal costs incu"?a;rit 'ci*il"ii'r'r.rrr,
of hr"id;i*. *oi. ;*.-,# tLt coverea uy
3' q{'o+Tgs
thall be-naid Prior tofnal yo3s.ideralion 1l*, Iand.use permir, zonur, amendmenr, oriltrffifri:H;##J'onarlosts shall be oJJi"ir,. .*""rtioo-oli#*rritte,n iesorution connrni.,g
4'
[r'JfJtb.ffi;*:d or corrected Plats, Exernption prars or permits wilr not be recorded or issued untir alr
5' In the tvs't thr tire Board determineslhat speciar e4pertise is needed to assist them in the review of a Iand
use permit' zoning amendment' "i,t:#1";;##oq such costs rvin be borne by rhe upprt*, and paidil"#i,ff'"Y"::#'i;ffi:t#,"T:*,t";r#,?l#ionar costs.r,.u n"pJJ#;',#'!xecution or
6. If an applicetion involves multiple reviews, fhe Applicant shall be charged the hjghssl Base Fee listed above.7 '
ffin:1r'#rT,1H,lrTtT;ed in the above chart wiu be charged ar an hourry rate based on the perrinenr
8'
ft:lP* Director shall estabtish appropriate guidelines for the coliection of Addirional Billings as
g- This fee structure shall be revised annually as part of the County b-udget hearing process.
-
Paae 3
GARFIELD COUNTY tsUILDING AI{D PLAI{YTNG DEPARTMENT
AGREEMENT FOR PAYMENT F'ORM(Shall be submirtecl wirn applicarion)
3ffii?'i??ffiffxp.Tr,:ilH1, ^d
/-.; laJ{*'"",9yit*",,rnrTiffi
ffi:ffiffi ffi:s:* "Hfi^i, TH; .eul,y ;-;;;;.,_,ifthe fee Slrrrntr,,o
rpe of subdivlsion or r*a-*"lJr"#'^in.ri^or;^-^ --. , ., Jf, as amended,adminlsrrario" c,ftn" f,l ,;;#Jffi H'1ft1*'x:-g #;ffi ffi?flT::yi#*ffi,#?,ff.TJ
rons, and the guidelines for the
I-"j:",,]rt - #'r:',:,#:,i*."3y.rY agree that begairse or rhe size,
,T#a'i:';,#,,:j:,ffi ,THjffiffTffi'ffi hi$;tfu,.ffipayrarenrs uponnotificrt,on uy ur.toiNrv *rrr,r;il;:qecessa{r as cosrs are incurred.' 4' The Base Fee shall be in addition to and excrusr.vg of any cost forpubJication or cost of consulrrng
service deterrnined
3qgiti.rrr ad*a;.:1:m:""#:#y "r c"iidll*ri.rio,,"'r'ror',rr"-considerarion
or a' appricarion oiinriar Base Fee, appuc_r.x,? *'JT*r nor covered bv the 1.r" r.. -h
*tyr ..;;;; ilrl, .*"""a ,n"proc-essing of the lnopcf ;#;#". additional o*i:-ro cornvri to.*reimbylge rhe co6ry for rhethe rnar consideration b1',i,- coffiv liilr;TltJiffi,:'ffi,#:# , urui,glr,ir"# iuia p,io, torvr..{ry cwlr![] amen.rneDt. or subdivision pian.
o"",/? -,/f o =
-
Pase 4
has
ASPEN OFFICE
601 East Hyman Avenue
Aspen, Colorado 81611
Telephone (97 A) 925-1936
Facsimile (97 0) 925 -3008
GLENWOOD SPRINGS OFFICE
The Denver Centre
420 Seventh Street, Suite 100
Glenwood Springs, Colorado 81601
Telephone (91 0) 947 -1936
Facsimile (9'7 0) 947 -1937
GARFIELD &HECHT, PC.
ATTORNEYS AT LAW
Since 1975
www.garfieldhecht.com
October 15,2007
AVON OFFICE
0070 Benchmark Road
Post Office Box 5450
Avon, Colorado 81620
Telephone (97 0) 949-0j0'7
Facsimile (970) 949-t 8 l0
BASALT OFFICE
River View plaza
100 Elk Run Drive, Suite 220
Basalt, Colorado 8 I 62 I
Telephone (91 0) 92j - I 93 6
Facsimile (97 0) g7j -1939
David H. McConaughy
Glenwood Spings Office
dmc c o nau g hy @ g arfie ldh e c ht. c o m
Hand Delivered
David Pesnichak, Senior Planner
Garfield County Building and Planning Department
108 Eighth Street, Suite 201
Glenwood Springs, CO 81601
Re: Application for PUD Zoninq Text Amendment: Eaele Ridge Townhomes
Dear David:
Enclosed for review by the Garfield County Planning Department is an application for
PUD zoning text amendment for the Multi-family District (Lots 1 and 2) of the Los Amigos
Ranch Planned Unit Development. The text amendment application is submitted in accordance
with the Garfield County Planning and Zorung Commission's recommendation of conditional
approval of the Preliminary Plan application for the Eagle Ridge Tounhomes Subdivision, which
require ment is included as condition # 3 of the enclosed letter dated September 13, 2007 .
The purpose of the proposed text amendment is to reduce the minimum lot area in the
Multi-famiiy District (Lots i and 2) of Los Amigos Ranch P-r-lD from 40,000 square feet to 600
square-feet for townhouse and condominiums. We selected 600 square feet for the minimum lot
area for townhouse and condominium units to be consistent with other townhouse projects in
Garfield County (see, e.g., Resolution No. 2006-58 regarding Lot 47 of the Valley View Village
PUD), but the Applicant may be willing to accept a larger minimum lot area if you find it
necessary. The proposed new PUD zoning district text for the Multi Family Zone District is as
follows:
@ Printed on recycled paper
GARIIELD &HECHT, PC.
*Referencedzonedistricttextapp1iestoeachofLots1and2oftheResubdivisionoii@
1 as a whole, not to individually created townhouse, condominium, or attached single-family dwelling lots.
Enciosed for your reference is a copy of the Garfield County Assessor's Map showing
Lots 1 and2 of the Resubdivision of Los Amigos Ranch Filing No. 1, which lots are located
within the multi-family zone district and would be subject to the proposed text amendment. Lot
1 is oqmed by Hayden Rader and is the site of the proposed Eagte Ridge Townhomes. The
existing Auburn Ridge Apartments are located on Lot 2, which parcel is owned by William and
Pamela Gibson. Mr. and Mrs. Gibson consent to the PUD zoning text amendment requested
herein, as indicated in the enclosed letter of consent.
Finally, enclosed is a check in the amount of $300.00 in payment of the required
application fee, as well as an "Agreement for Payment" signed by Hayden Rader. If you need
any additional information to process this application, or if you have any questions or concems,
please contact me.
Enclosures
20s525_1
David Pesnichak
October 15,2007
Page 2
ZONE
DISTRICT
PERMITTED/
CONDITIONAL
USES
]\{INUMUM
LOTAREA
rl,rdY LoT I l\rrNrNulr
COVERAGE I SETBACKS
MA-Y
HEIGHT
I\{A-Y F.A.R.
(a) single family
detached
dwellings and
two-family
dwellings: 7,500
square-feet
(3,750 s.f. for
each duplex unit)
(b) townhouses
and
condominiums,
zero lot-line
attached single
family
dwellings:600
square-feet
M.F.
(Multi
Family)
Single family,
fwo famiiy and
multiple
family
dwelling, and
customary
accessory uses,
town house,
condominium,
common wall
design,
conditional
USES SAME AS
S.F.
(a) not more
than 50%o
(a) 25' front and
back; 10'sides
(a) 30'(a) 0.s
(b) 100% (zero
lot iine).
* Total lot
coverage ofeach
of Lots I md2
of the
Resubdivision of
Los Amigos
Ranch Fiiing No.
1 shall not
exceed 50o/o of
the total area of
such lot
(b) zero lot line for
individual units.
* All buildings
shall be setback
from the existing
Iot lines of Lots 1
and 2 of the
Resubdivision of
Los Amigos Ranch
Filing No. 1 as
follows:25'front
and back; 10' sides
(b) 30'* Total floor area
of allbuildings
located on Lot I
or Lot 2 of the
Resubdivision of
Los Amigos
Ranch Filing No.
I shall not
exceed 50oh of
the total area of
such lot
Very truly yours,
7029445994 tuscany front desk 0'l :45:36 p.m. 10-19-2007 2t2
601 Easr HymaaAvenue
Aspeu, Colorado 8I6lI
Telephone (e70) 925-1916
l'acrimile (e70) 92S.J008
GI.INwOOD SPRINGS 6FFrcE
Thu IJcnvcr Ccntrc
420 Scvenrh Strccr, .Suirc I00
Gleawood Spriagr, Colorrdo I I 601
Telephone (970) 947-i 036
Iucsrnile (970) 947- I 93 7
7
ATTORNEYS AT LAW
Sincc I 975
www,gurfieldhccht.com
0070 Eenchmark Rerrd
f osr Oflce Bo.t 54-s0
Avon, Colorado 81d20
'Iclcphone ,97 Ol e49.0707
Faccimrlc (070) 949- I6I0
BASALI'('FFI(F
Ri',er Vte,r Plazir
i00 Eik Run Drive, Suire 220
Basah, Colorado E I 62 I
fclcphonc (97 O\ eZ7 -lg3 6
Fscrimilc (.970) gz7 -lglq
October 19,2007
David Mctorwuglv,
*,,,^;W,fr:,ffifl{:;
David Pesnichalq Sonior Planner
Garfiold County Building & planuing Deparhnent
108 Eighth Stueet, Suite 401
Glenwood Springs, CO 81601
Re: Text Amendrnent to the Los Amigos PUD reducing the niuimum lot area from40,000 square feet to 600 square feet
Dear Davidl
I acknolvledge that David Mcconaughy may acr oo my behalf as my agent.
Signe(
Hayden Rgder
o/
rillFll[ll [,lJ I
I JI ltlt l!
| Hr tU rll ur,Lt[ I
i-ir z n 1r.00 D 37.21 GnRFIELo couNTY c0
, for the consideration of
and other good and valuable consideration
in hand paid, hereby scll(s) md convey(s) 1o Hayden Rader
whose legal addrax is P.O. Box 366, Glenvood
Granto(s), Par
Patsy J. Doudy
whose legal address is
8i602
Colorado
County of
the following real property in the
Signcdlhis 4th
WARRANTY DEED
E. Dowdy Revocable Trust and
Revocable Trust
PO Box 1263, Glenvood Spriogs, Color-"ado
.County of Garfield md Srate of
Ten Dollars
DOL{*&
Garfleld
County of
Springs, C0 81602
and State of
Garf iel-d
Colorado, to wit:
Lot t
Resubdivision of Los Aligos Ranch Iiling No-
Accordlng Lo the Plat Recorded July 23, 1998
Reception ].lo. 344098.
Together without warranty any and all vater
pertaining to the Red Canyon llater District
aDd State of
rights including those
ValJ-ey Sanltation Disrr
I
las
and sever
and Spring
19 99
See Exhibit A attached herelo and made a parl- hereof by this reference.
also known by steet and number as:vacanE land
ass€ssor'$ schcdulc or parccl numbcn 2393-054-03-001
wilh:ll-itrap!,r'mmccs"and-wamn(s).thetitletothesams,subj€ct10, t-axe-t f-tlr- 199-& p-ayahle in
1999, reservations, restrictionsr covenallts, condirions and agreemenrs of
record and easeoents of record all as shown in StewarE Title of Glenwood
Springs Comit!@nt No. 98027743 dated September 3, I998.
atsy Revocabl
STATE OFCOT.ORADO
County of Garfield
by Patsy J. Doudy Trustee of the PaE
dayof JanuarY,
Revocable Trust
ffr*;.
]-
The foregoing instrumenl was acknowledged before me this 4 th , day of January
Patsy J. Doudy Trustee of the PaEsy J' Doudy Revocabfe TrusE and
Pat E. Dovdy Trustee Pat E. OovdY Revocable Trust
B-.dtord tublirhiq 1743 waa S1.. DcrE, CO 80202 -
.t "i ,'
?-
No 891. Rer: 4-94.weNTYDEEDISI*
ctt -..>lSP4:,9s (o
'tl(af:-
rlf in De nver, iwrt "City
ry
fr
oVC
i;ii-iry
, 1999 ,
and offcial sea.l.
LUlIulttllluuru l[lrll HlLutulJl[r.l!ti-ii i n 11.00 D 37,21 GARFIELD counrY c0
E)GIIBITA
Grantee and Buyer Hayden Railer by acceptance of this deed agrees that the remaining
$70,000.00 of t.he purchase price of tle property shall be paid to Seller without interest
upon the issuance of the first Certificate of Occupancy for the property or at that time
at Seller's option Seller may accept the conveyance of a condominium r nit d.u"1opud oo
the pmperty as such palment. If the property is sold by Buyer prior to development of
the property, then Sel]er has the option to receive the $70,000.00 in cash at that time or
to dela5r palm.ent untildeve.lopment ofthe pmperty with,the subsequentfurther option.
to accept a condominium unit from the then owner in lieu of payment of the $70,000.00rn cash- This obligatiou sha1l be set forth on the wananty deed. given to Buyer by
seller at dosing. Nevertheless, Buyer or ary subsequent owner of the property shall
have the right to extingursh seller's rights uuder this paragraph by paying to Seller in
cash or good funds the sum of $?0,000-00 plus compounded interest thereon from the
date 0f dosing of this contract vrith the interest rate to be 10% per annum compounded-
For example, after one year, the arnount due wj]l be $77,000.00 whi& sha[ then be tb.eprhcipal sum for the second year.
i Name of properly Owner: ua
GARFIELD CCUNTY
Auildiilg & Planning Depa(ment'108 BIh Street, Suite 40.1
Glenwood Springs, Colorado g1601
Telephone: 970.945.82t 2 Facsimite:970.384.3470
Text Amendrnent to Zone Distr ict i Zoning Resolution
GENERAL INFORMATICN
Address; P. o.Box 586 Telephone:948-0699
City: Gl enwood Springs State: co Zip Cod,e:8l602 FAX: 945-4764
P AddfeSS; 420 7th Street, Suit IOO Tara^h^^^ . aAr r;;^.---Telephone' e47 -Ie36i City: Gf enwood Sprinqs State: CO ZIp Code:81601 FAX: gq7_t931
specific section of county Zoning Resolution of 1g7g or pUD to be amended:
Los Amioos Ranch planned unit Dever-opment regarding
MulLi-Famil-y Zone District
i Purpose for the proposed text arnendment:
To re-rrrrce- -the minimum 1ot area i-n the murti-famiry zone
.ul sewer ) , zera 1ot_l-ine
lnqs
P Doc. No,:
> Planner:
STAFF USE ONLY
Date Submitted:_ TC Date:
Hearing Date;
I, APPLICATION SUBMI]'TAL REQUIHEMENTSThis Application appties to d, add, or deletespecifictextinlheCoulty.ZotngHesolution, unazl"r""o,add,ordeletetextof anapprovedzonedistrictin the Zoning Resolution or an approved Planned Unit Development (pUD)-
As a minimum, specifical{y respond to all the following items below and attach any additional information to
be submitled with rh js application:
1' Submit a cover le.tter containing a detaiiod narrative describing the proposed amendment to anapproved zone.district lncluding an approved Planned Unit Developnrent (pUD) or text of theZoning Resolution of 1978, as imended, This narrative should describe the overall purpose ofthe amendment and the specific sections of the resolution are to be amended.
2' Subtnit a copy of the deed, legal description, and copy of the County Assessor,s Map o1 thereal property, owned by the Applicant in Garfield Counry, which will be affected by such'changu.
3' lf you are acting as an agent for the property owner, you must aftach an acknowledgomentfrom the property owner that you may act ih niitner beharf.
4. Submit payment of the $3oo.oo Base Fee: Applicant shall sign the "Agreoment for payment,,
lorm and provide the fee with the application.
5' Submit 2 copies _of this completed application form and all the required submittal materials tothe Buildlng and Planning Department. Staff will request additional copies once the applicationhas been deemed technicalJy complete,
[. PROCEpUBAL REQUIREMENTS(AnamendmenttoanapproVedzonednisconsideredatwo
step process because it is first reviewed by the Planning CLmmission which makes arecommendalion to the Board of County Commissiorrs. The fotlowing steps outline how the TextAmendment application review process works in Gariield bornty.;
1. Submit this completed application form (pages 1-4), base fee, and all submittal requirements tothe Garfield County Planning Departmeht. lt will be received and given to a Staff planner whowill review the application for technical completeness.
2. Once the application is deemed technically complete, the Staff Planner will send you a letterindicating the application is complete. In iddition. the letter will indjcate the dates and rimesscheduled for your request to be heard befor"e tho Planning Commission during a public
meeting (no notice required) and the Board of County Commislioners during a pubTic hearing(notico required). The Planning Commission will forward a recommendation to the Board ofCounty Commissioners to be considered during a properly noticed public hearing. Staff willsend you the appropriate "Public Notice Form(s)' indicating the time and date of
"your publichearing and will provide you with a Staff Memorandum regarding your request. (lf Statf
determines your application to be deficient, a letter will be sent-to yoiiinOicating that additionalinformation is needed to deem your application complete,)
3. It is solely the Applicant's responsibility to ensure proper noricing occurs regarding the pubiichegrtng before the Board of County Commissioners.'lf proper iotice has not oclurred, thepublic hearinq will nol occur. Notice requirements are as follows:
(Signature of property Owner)
5.
a' Notice by publication, including the name of the applicant, description of thesubject iot, a description of the-propo=uo i*"ndmeni lnu niture of the hearrng,and the date, time and place for ihe'heartng shatr b" gi";;;;;;;n u newspaper ofgeneral circulation in that portion of the iornty in wnich the subject property islo"""l^1t,lt-"=t-*in, (30) but not ror" tJn sixty (60) days prior ro the date ofsuch hearing, and 'proof of publicition ifirrr bi p;;."til ;i hearjng by theapplicant.
The Applicant is req,uired to aPpear bafore the Planning commission and the Board of countycornmissioners at the time and date of the public *J"ring / hearing at which time they willcotisider the request' ln addition, the Applicant strail proviae proof at the hearing before theBoard o{ county cornrnissionurr inut proper notice (publication) was provided.
once the Board of county commissioners makes a decision regarding the request, staff willprovide the Applicant.witi a signed resolution ,u^oriatiiing tn6 adiin tur.un by the Board.
E:,I"ffi:rthe
Eoards' upprorufl tr-r otti." wir makL in" .ppr,oved chanses to the Zoning
I have read the statements above and have provided the roquired attached information which iscorrect and accurate to the best of my knowledge..,4./-==
/.n -, r-
Last Revised: 07l2O07
GARFIELD COT]NTY BUILDII.{G AND PLANNII{G DEPARTMEI{T
FEB SCHEDULB
Garfield county, pursu8xt to Board' of county commissioners ('Board,) Resolution No. gg-0g; hqs established afee structure ("Base Fee") for the processing oreach b.p".i#;;;";;'iurra ,r. applicatiors.
The Base Fee is an estimate ofthe average number ofhours of stafftime dwoted to an application, muttiplied bydn honrly rate for tbe personnel involvJ- The BoJ re"ngrrnathat tbe suMivision aoa ruoa use applir-ari6aprbcessing time will vary and' tbat an appiicant shorxd pay for the total cost of the review which may requireadditional billing' Houriy rales based o.r^th" ho*iyffi J,c *;;;iits
"ort, of the respective positionsoombined with an hourll'overhead cost for the office will be used to estautist &e aczual cost of couafy stafrtimedevoted to the review of a particulr project-
Actual staff time spenr wiu be charged against the Base Fee- After the Base Fee has been expende4 theapplicant will be billed based on actual staff horus accrued. A-ny bilii; shaIl be paid in ftll prior tn finaJcorsideration of arr5r Iand use peranit, zoning amendmsnt or suMivision pla; lfan applicara heq prwiously fraeato p&y appjioation fees as required, no new or additional appiications will be acc€pted for processing until theoutstanding fees are paid.
checks' including the appropriate Base Fee set furth below, must be zubmitted wittr each lald use aprplic€tio&and made payable to the Garfield co-un8 TrgaEureg Appiicatior:s will not b accepted. withorr ttre requiredapplication fee' Base Fees *" *r-t"ftrd^bl. io fuilroli, u *rin"o request for withdrawfrom the applicant issubmitted prior the initiar review of the apprication rratenals.
Applications must include an ("'Asree'leuf') set forth below. The Agreemdestablishes the applicant as being t"tpo*ibG fot;Gr of all costs associated witl pmcessins rhe applicariou.Tbe Agrcement mEt be signed by the parry."qponsible for payment and submined with the appiicatioa in orderfor it to be accepted.
The complete fi:e schedule for zubdivision and land use applications is attached.
GARFIED COUNTY BULDIIVG AITD PLA}{NIT.{G DEPARTMENT
BASE F'EES
The followrng Base Fees shall be received by'the cour:ty at the tinre of submina] of any proceciural application towhich such ftes relate' Such Base Fees shall be in addition to and exclusive of any cost for publicariou or cost ofconsuiting sen'ice determined necessary by the Board for the consideration of an1, application or additionalcor:nly sra-fftirne or slpense not covered by rhe Base Fee, *i,l;h h";;;;;;*. beenpaid by rhe appticautto.the county prior to final action upon the apprication
""a"*a ,J" C;;;.^ '
TI'PE OF PROCEDI]'RE
Vacatirg Public Roads & Rights-oFi\/ay
Sketch Plan
Prelimrnary, Plan
h-inal Plat
Amended Plat
Exernption fromthe Deftrition of SuMir.ision (SB_35)
Land use Permirs (speciar use/conditianat Uie permirs). Administrative/nopublichearingo Board pubijc Hearing onJy, Plaruring Cornrnission and Board rs*ie*, &.heanng
Zon:ng Ameadments
" Zone District map amend.rnentI Zone Distriet text arnondment. Zone District rnap & text amendrnent
' PUD Zone District & Text Amendment. PUD Zone Disrrict Text Amendment
Board of Adjustment, Variaace. Inteqpretation
Planning Stafi- Hourly Rater planning Director, Senior Plamerr planning Teohnicien. Segretary
cor.mry suweyor Review Fee (incrudes review of Amend"ed Determ:ned b5, surveyor$Plars, Final Plars', Exenzptio'n plats)
Ull-1''page
$10 each additional page
BASE FEE
$400
$325
$675 + application sgencl, review fees
and outside consultant reviewfees, as
authorized pursrunt to the ReguJations,
such as the Colorado Geologic Survey
$200
$i00
$300
$250
s400
s52s
$450
$300
$500
$500
$s00
$2s0
$250
$50.s0
$40.50
s33.7s
$30
Mylm Recording Fee
r age )_
8.
9_
The folowirrg guideiines 'qhall fs used for the adxdnisrration ofthe Ge structure set forth above:
1' AII appiicatiors shall be submitted wilh a signed Agrecment for payment form set forth bero\,.
2' corurfy sta-frshall keep accurate record ofactualrime required for the processing of each land useappiication' z.otllrgamerrdmont, o1 sufdlisi* uppri."tion Any "aaitli*r bfiting will occur commonsurate
,Hil:: additional costs incu* ed'bytn. co*tyT u*r"rrtt of having to take more time that thatcovered bv
3 ' Any billings shall be paid prior to final 6snsidsration of anyiand use permit, zouing ameldrnem. orilHl"#ilh##'ora] costs shall be p"ia i"1r,. execution orthe ;;#";il;r".:'rfi**g
4'
[fH*Lf;H:d or corrected Plats, Exemption Plats or psrrnits wlr nor be recorded or issued untl arl
5' In the evsnt that th, Board determines,lhat soecial e4pertise is needed to assist them in the review of a Ianduse permit' zontng amendment, or subdivisi". opprir^llrr1 such costs r.vill be bonie by the appiicant and paidprior to the final consideration of the application-' All additionar costs shar be paid prior to the execution ofthe wriften resoiution contrrming aaion oo tffr "ppii."t.r.6' rf aa applicetion invokes mu]tiple revie\r's, the Applicant shall be charged the highest Base Fee listed above.
7 '
ffin:'#ff:H,LTLT:ed in the above chart u'ir be charged ar an hourry rate based on the perrinent
*:Itr*
Dircctor shall esrabiish appropriate guidelines lor the collection <rf AdditionalBillings as
l-nis fee strudure slall be revised annually as part of the counfy budgot hearing process.
Paee 3
CARFIELD COUI{TY BUILDTNG A}\'D PLANNTI{G DEPARTMENT
AGREEMENT FOR PAYMEI{T FORM
(Shall be submitte(l wirh applicerion)
3ffi'Hf?ffiI,li*;ff;ilHl, *a #astr * (ac/t,,-
y t "}yh, a:r appric.atiy tui
(he;ernafi er, THE PR_O JECT).
2.f,Jl,fffi *:|f:.*,:X:'-t3: of*1d cor:ntv Resorurion No. e8-0e, as arnerr,.ied.
;ffi;,:f;J,"##:,:::::gpeorsuuivrsion.,r*i'i#;"#'irffi;#I:##ffi ffiY,?;adrninistration o f the fee slructu-re,
APPLI
Signature
Date:
3' APPLiCANT and cou){TY agree lhat because of the size, nature or scope of the proposedprojecr, it is not possibie at this f.ime fg ss6safain the firII cxtent of tha costs invoh,cd in processing theapplication' APPLICAIT{T agrees to make pa5't*ent of the Base Fee, established for the pRdrBcr, and tothereafter permit addirional costs to be br:iei to APpLICANT. APPTICANT agrees to meke addirionalpaymrents uponnofific.atbnby the COUN.Ty w,her:. they are qocessary as costs are incurred.
' 4' l-he Base Fee shall be in addition to and exclusive of any cost for publication or cost of consuitingservice deteqnined necessary by fte Board or county C;rr-;#;-'#*:"*iderarion of an appricarion oraddition'r-l coLrNTY *^tr'ry or erper^e pt;;;;Ji, rrr" Base Fee. If acruai recorded costs exceed. theiruria-l Base Fee' AI+Jq1fr shall pay addttiomr bilings to coLrNrry ro reimburse rhe coLrNTy for rheprocessing of the PROJECT mentionJd above. .$PLIC;iIT ackaowledges trat zr]t biiling shall be paid prior tothe fnal cor:sideration b1'the colhrrY of aay rr"a us" plr"ir, zomng *,rZna*rot. or subd.ivision plan.
APPLIQANT has su
Pcno 4
4.
5.
Septernber 13,2007
Rader Land and Development
Attn: Alan Meyer
BUILDING & PIANNING DEPARTMENT
1280 CR Iil
Glenwood Springs, CO 91601
RE: Preliminary plan for the Eagle Ridge Townhomes subdivision
Dear Mr. Meyer,
As you are aware, on Monday, september 13,2007, the Planning commission recommended thatthe Board of county commissioners approve a Preliminary plan for .Eagle Ridge Townhomes,,.
The Preliminary Plan was recommended for Approval with the following conditions:
1' That all representations made by the Applicant in the application and as testirnony in the publichearings before the Ptanning & 2oning iommission
"no Board of county commissioners shallbe conditions of approval, unless speiifically altereJ uv ft," Board of county commissioners.
2' ln order to prevent the development from creating transferable lots smaller than the MinimumLot Area of 40,000 square feet as identified in ine Los Amigos pUD, prior to scheduling ahearing with the Board of county commission.r" ir," Applicant shall identify all ,,Blocks,, as'Building Envelopes,,. '
3' ln order to orevglt^the development.from.-greating transferable lots smaller than the MinimumLot Area of 40,000 square feet as identified in ine Los Amigos pUD, prlor to scheduling ahearing with the Board of county commissioners the Applicait shall submit to planning staffand have heard by the Ptanning bommissjon
"n ,ppti"ation to amend the Los Amigos pUD toallow for a minimum lot arei which will accomroort" the "townhouse,, development asanticipated by the Applicant. lf the text amendment is not approved then the development shallcontain individual units conveyed without a sepaiatelnGr.=t in land.
Access and lnternal Roads
The owner of Eagle Ridge Townhomes (Lot 1) shall convey a private right-of-way to the entityowning Auburn Ridge Apartments (Lot zl. rnir .onrlv"n"" shalt be iritne form of a right-of-way conveyan@ and agreement or deed and snatt inoicate who ,ry ,r"1he private right-of-yr:*i:t"tsing Auburn Ridge Apartments as well as addressing the maintenance of saiiright-
The Applicant shall de-sign all internal roads to the standards established in section g:35 of thezoning Resolution of iglg, as amended based on each road segment instead of thedevelopment as a whole.
108 Eighth Street, Suite 401 .lGlenwood Springs, CO gl60l
(970) 945-5212. (970) 285_7972. Fax: (g70) 384_3470
Garfteld County
-
6' To ensure th.at the spring valley sanitation District can and will serve the proposeddevelopment, the Applicant inatt ao-rrere to condition numuers 1 - 4 as identified in the springValley sanitation Districl can and will serve tetteiJateo March 23,2007 (Exhibit Q).
Floor-Area-Ratio
7 ' Each dwelling.unit within Eagle Ridge. Townhomes (Lot '1, Los Amigos puD) shall not exceed agross size of 3319 square feet. rnG is to ensure comptiance with-the Los Amigos pUD Floor-Area-Ratio requirement of 0.S.
Easements
8' The Applicant will need to delineate and legally describe ail easements on the final plat andconvey all easements shown on the plat io tir" nor"owners Association. This dedicationneeds to be in a form acceptable to the county Rttorneys office and transfer shall occur at thetime of recording the finai plat. These ""="*"nG'.nrtt include, but are not limited to alleasements of record, utility easemgnJs, orainage easements, water system easements, storm-water drainage easements, and all internal dil rqrir"o as apart of this development.
lmpact Fees
I' The Applicant shall.make a payment $437 per dwelling unit to the carbondale and Rural FireProtection District at the time of final plat. ' - " -""'r
Limitation on Unit Develooment
10' ln order to ensure a legal and adequate.water supply, the development shall be narrowed tothe requirements as outl,ned by Jo'hn rrr. Cur.i.i-F.E. or nesou-[i gngineering (Exhibit X),limiting inigation to a total of 15,b00 square t*t ,ilo improvements to consist of 32,2 bedroomunits and 16, 3 bedroom units.
Plat Notes
11'A plat note shalt be placed on the.Jinal plat stating: "Each dwelling unit within Eagle RidgeTownhomes (Lot 1, Los Amigos PUD) shall not ercEeo a gross size of 3319 square feet. Thisis to ensure compliance with ihe Los Amigos puo Froor-Area-Ratio requirement of 0.5.,
12' A plat note shall be placed on the final.plat stating: 'T-he development shall consist of 32, 2bedroom units and 16, 3 bedroom units. rh no "rieihail the totar development mixture exceeda total of 16' 3 bedroom units, however, 3 bedroom units may be down-sized to 2 bedroomunits."
" I:L1J?L:;ffl.T"lj"rEt:" the finar plat statins: "rn no case shal the totat irrisated acrease
'- 3#?:ff8 "rt|!#.b;"!l;:::.", the rinar prat statins: "Ar roundations shar be desisned by a
15' A plat note shall be placed on the final plat stating: "The mineral rights associated with thisproperty have been partially or wholly severed ,ni"r" not fuily intact or transferred with the
2
H
surface estate.therefore allowing the potentialfor natural resource extraction on the property bythe mineral estaie owner(s) or lessee(s).,'
16'A plat note shall be placed on the final plat stating: "One (1) dog will be allowed for eachresidential unit within a subdivision and the dog snitt oe requiredto be confined within theowner's property boundaries.,,
17' A plat note shall be placed on the final plat stating: "No open hearth solid-fuel fireplaces will beallowed anywhere within the subdivision. one il) new solid-fuel burning stove as defied byC'R'S' 25'7401, et. seq., and the.regulations promulgated thereunder, will be allowed in anydwelling unit. All dwelling units will be allowed'an unrestricted number of natural gas burningstoves and appliances',.
18' A plat note shall be placed on the final plat stating: "All exterior lighting shall be the minimumamount necessary and all exterior lighting shall bJdirected inward and-downward, towards theinterior of the subdivision,.except that provisions may be made to allow for safety lighting thatgoes beyond the property boundaries".
19'A plat note shall be placed on the final plat stating: "Colorado is a,,Right-to-Farm,,Statepursuant to C',R S' 35-3-101, et seq. Landowners, reiidents and visitors must be prepared toaccept the activities, sights, sounds and smells of Garfield County's "jricrttrrrt operations as anormal and necessary aspect of living in a County with a strong rura'icharacter and a healthyranching sector. Those with an urban sensitivity ,ry p"r""ive such activities, sights, soundsand smells only as inconvenience, eyesore, noise and'odor. nowerei, btate iaw-and Countypolicy provide that ranching, farming or other agricultural activities and operations withinGarfield County shall not be considereo to be nuislnces so long as operated in conformancewith the law and in a non-negligent manner. Therefore, all mist be'prepared to encounternoises, odor, lights, mud, duit,-smoke chemicals, machinery on puuiic roads, livestock onpublic roads, storage and disposal of manure, and the application by spraying or otherwise ofchemical fertilizers, soil amendments, herbicides, and pesticioes, any'one or more of whichmay naturally occur as a part of a legal and non-negligent agricultural operations.,,
20' A plat note shall be placed on the final plat stating: "All owners of land, whether ranch orresidence, have obligations under State law and County regulations with regard to themaintenance of fences and irrigation ditches, controlling weeds, keeping livestock and petsunder control, using property in accordance with zoning, and other aipects of using andmaintaining property. Residents and landowners are encouraged to learn about these rightsand responsibilities and act as good neighbors and citizens of the county. A good introductoryscurce forsuch informaticn is "A GuidJto Rural Living & snrall scale A.gricultur-e,,put out bythe colorado state University Extension office in Girrieto county.,,
21' A plat note shall be placed on the final plat stating: "All new foundations shall be designed by aprofessional engineer ricensed to praclice in coroiado."
22' A plat note shall be placed on the final plat stating: "Prior to the issuance of a building permit,the owner of each lot shall prepare and submit i soils and foundation report, a grading anddrainage plan, and a geologically acceptable building site prepared and certified by aprofessional engineer. "
23. A plat note shall be placed on the final plat stating: "The recommendations of the ColoradoState Forester and the Fire Chief as set forth in the Supplemental Declarations dated
September 28, 1992 et. Seq. shall be followed in the construction of all struciures.'
24. A plal note shall be placed on the final plat stating: "All lots designated to lie within the Spring
Valley Sanitation District shall obtain central sewer service pursuant to agreement by th6
district."
Do not hesitate to contact this office should you have any questions.
Sincerely,
David Pesnichak
Senior Planner
(e70) e45-8212
Cc: Garfield and Hecht, P. C.
Cc: Hayden Rader
LUJ LL/ LOUI ata\c/tibL GIBSOI{ ENTERFRTSEb
p,3
Ocrober 9.2007
Gdrfield Co,rnry Euilding amd pianning Dopqnmcur
108 E(Elrh Srcel Suire 201
Gknwood Springs, CO Bl60l
To Wbom Jr May Concom:
We own the Aubum Ridgc Apartmcnls )ocarcd on Lot 2 cf tiE Resubdivision ol- L-osAmigos-Ranch Filing No. 1. o.ur_rrourrty is locaM wirrin ,ur-.uiti-a*ry zor" Arni"rle*.Los Arni go:. Rar,cb F I ryrnad Uai t Dev Jloprrenr-
We havc rcvielcd arlg eorrscr.t ro rba propoaed zomng (sxr &,ne[dment for tbc nuhi-temily zonc diriricr requcrtcd by Hal,den Rader, o\ener of Lsr 1-
Siocero)y,
:4-,'a;-**------,
wr}\arn Gibson/A*zle
Pa,rncla Gibso<r
7',d
-
I
v
I
n
co,VNON
ELK .
LOS t
'?1
)/-l\l1lri
dl
"/
l
"ls
/,,
i.i
/e
l
r
I
l
I
.5
@@
COMNON lREA
<Je3_05
r./J.--fl.BBW sF^ .
Io7 49
------@r-_E;;i-
,{ (;
494584 B-982
MII-DRED AISDORF
G Ex*Itsl-r "A'
P-103 06/ tB/96 10:34A pG
GARFIEI.D @(NTY CI.ERK
/03
1
AND
oF 14
RECORDER
REC
0.00
DOC ].CIT
STATE OF COLORADO
COI'NTY OF GARFIELD
)
)
)
At a reg:lar meeting of the Board of Counry Commissioners for Garfield Counry,held at the Courthouse in Glenwood Springs on M o n d a y tttherg wgrg paarani,
"'ur vrwrrwvt'u rplul5o vrrrrvrrud Y' tne I Ttl.flay of ;une
Marian I. Smith. Commissioner/Chairman
Arnold L. Mackley, Commissioner
Elmer (Brcky) fubaney, Commissioner
Don D. DeFord, County Attorney
Mildred Alsdor! Clerk io the Board
The followine proceedings. among others, were had and done, to-wit:
Colorado,
I 996,
RESOLUTION NO. 96- 34
A RESOLUTION CONCERNING APPROVAL OF THE LOS AMIGOS RANCHPARTNERSHIP APPLICATION FOR AMENDMENT TO TEE LOS AMIGOS RA-NICEPLANNED TINTT DEITLOPMETYT zoNE TEXT, PTnl PLAN AND DEvEL0PMENTPI.AA'.
wmREAs' the I.os Amigos klh. Partnership (Flereinafter somerimes ,,Applicant,) is theowner of a parcel of land located t cu.n.ta county, C"r".ra" which pur.u*i ro Board of countycommissioner Resolution No. 81-358 is presently ioned as a planned unit development.
WHEREAS' the-L-os Amigos k.! Partnership has filed an Application with the Board ofcounry connnissioners of Garfield-county, colorado, foi approval of amendment to the Los AmigosRanch Planned Unit Development Zone Te>t and Planned unit Development plan (Hereinaffersometimes, "Application,,);
WHEREAS' the Board of county commissioners has now considered that Application.
NOW, THEREFORE, BE IT RESOLVED BY THE' BOARD OF COLINTYCOMMISSIONERS oF GARFIELD COLNTY, CoLoRADo, that based upon the evidence, sworntestimony' exhibits, sn:dy of the cornprehensive plan for the unincoqporated areas of Garfield county,comments from Garfield county Departmenr of Regulatory offices and personnef and the Garfieidcounty Planning commission -a' comments tom au irr.r*.a p*i;;,;;rard enters thefollowing findings and conclusions:
t,
4.//-L.-/
-
A.y
4s4584 8-982 p-104 O6/LB/96 rO,rno * , OF t4
FTNDINGS
I' Applicant's application was filed with the Regulatory Offices and personnel
D€partment of Garfield County on February 12, 1996, and refenJ to th; planning Commission onFebruary 26,1996.
2' The Garfield County Planning Commission reviewed the Application andrecommended approval of the Application under certain conditions on March 13, 1996.
3' The-Board of County Commissioners estabfished a date for public hearing on t1eApplication for PtlD plan and text amendment and the vesting of the development rigirts per $za-68-103, C.R.S., as amended, which commenced on Aprii 15, 1996 at 5 o'clock pr'and wasthereafter properly continued to May 6,1996 at 72 o'clo.t p., and May 20,1996 at 2 o,clock
4' Pursuant to evidence produced at the public hearing on this Application, the BoardFINDS:
(a) The property owners adjacent to the properfy that is the subject of this
Application received notification ofthe date, time and location oithe above-referenced public
bearing by certified mail, sent at lea.st fi-fteen (15) days prior to the commenc€ment of the
hearing;
O) Notification of the public hearing was published in a newspaper of general
circulation at least thrrry (30) days prior to the .or-.n..*ent of the hearing;
(c) The srbstance ofthe mailed and published notifcation substantially informed
interested p$t of the zubject nutter and location of the requested modifcationio existing
zoning and PUD plan;
(d) The Board of Counry Comrnissioners has jurisdiaion to conduct the public
hearing on the Application and render a decision thereon.
(e) The reguested modificaions to the PUD plan are consistent with the efficient
development and preservation of the entire PUD, do not aft"ect in a substantially adverse
manner either the enjoyment of land abutting upon or across a street from the piD, or thepublic interest, and are not Itanted solely to confer a special benefit upon any person.
5' The hearing before theBoard was extensive and complete, aJI pertinent facts, matters
and issues were zubmitted and all interested parties were heard at the i,earing
2
494584 B-9Bz p_tOS 06/18/96 10:34A pG 3 OF 14
6' Pursuant to $4.02 of the Garfield county zontngResolution of lg7g, as amended:
(a) The PIID wiil provide necessary commercial and recreational facilitiesconveniently located to housing;
(b) The PUD zone d.isrrict text and map d.iroa the dwelling type, density, and openspace in a manner consistent with existing ,onini la*s;
(c) The PLrD provides a variety of housing types and a layout allowing for opanspace ancillary to the building; v J '. --- - '--/ "'
(d) The PIrD will provide for the transfer of ownership and control of the waterdistribution systems, water and warer rights to the L"r Arri;; n-.i, HorneownersAssociation, lnc..
(e),
.
The PtrD will provide for the payment of a road impact fee sufficient to oft'setthe traffic burdens imposed instant to the deveiopment.
(0 - The PLrD dweloped to its full eKtent will result in an increased assessedvaluation of the property;
(g). . The PtrD Process was used to develop a plan which preserves the site,sagricultural land and maintains the scenic qualiry of those portions orLe site exposed topublic view;
(h) The P{'ID will be developed in phased preliminary pian and final platapplcations s:bmitted in accordance with the phasing schedule set forth i"rein at paragraphl7 of the conditions of approval.
7 The PLID as conditioned herein and in accordance with $4 04 of the Garfield Countyzoning Resolution of r97g, as amended, and $24-67-r05(l), c.R.s., ,, u**a.a, is in generalconformity with the Garfield County Comprehensive plan.
S Purzuant to $4.07.01 ofthe Garfield county zo^nsResolution of 1g7g, as amended,the Board of county commissioners herein 6nd that subject to strict compliance with the conditionsset forth herein, the-Los Amigos Ranch Planned Unii Development will meet the standards andrequirements of $4.00, fl Seg. of that ZorungResolution.
D
494584
U
8-982 P-106 OO/tB/96 10:34A pG 4 oF 14
9 ' Subjeo to the conditions set forth herein, the PUD meets the requirements of $4.07.03of the Garfield county zoningResolution of 197g, as amended, as follows:
(a) The PLID has an appropriate relationship to the surrounding area and allunreasonable adverse effeas on the surrounding area are mrnimized.
(b) The PUD provides internal streets that are adequate for the traffic generaied
and which provide adequate access for police and fue proteciioq safety, convenience and
separation from Iiving areas.
(c) The pLrD provides adequate parking for alr proposed uses;
(d) The PIID provides colrlmon open space that is adequate for the usage of itsresidents and which preserves both the narural fearures of the terrain and most produaive
agricultural lands within the property.
(e)_ The PLID provides for a variety of housing types and the commercial facilitiesnecessary for the enjoyment of the development;
(0 The PUD through 161 5izing, building set backs and architectural controlprovides adequate privacy between the dwelling units.
(g) The PIID will allow clustering of deveiopment in some areas permitting thecreation of additional open space.
l0 The overall d*tity of the development under the terms and conditions set forth hereinand pursuant to the provisions of $4 07 06 oflhe Garfield County ZorungResolution of 197g, asamended, will be no greater than four (a) dwelling units per acre.
1l ' The PIID exceeds the minimum number of acres required for pUD size.
12. More thanz5yo of the p{.rD is devoted to common open space.
13 ' Under the terrns and cond.itions set forth herein and pursuant to the pUD Development
Plan, the PtrD demonstrates the location and total acreage for eacir proposed use, together with thelimitations on lot size and total density within each use.-
- 14' Subject to the conditions set forth below all uses by right, conditional uses, minimumlot areas, minirrum lot coverage, minimum set-backs, maximum t "igl't of buildings and all other useand occupanry restrictions applicable to this PLID are hereby aplrored by th! Board of CountyCommissioners as set forth in the zone text anached hereto and incorporated herein as Exhibit A.
D
[]
494584 tl-.9BZ P-107 06/18/96 10:34A PG 5 OF 14
15 Pursuant to the provisions of $4.08.05 the Garfield County zorungResolution of1978, as amended, the Applicant included in its written request for puD ,.r;;ng aII of the following:
(a) A statement of ownership interest and written consent of the properfy owners;
(b) a proposed plan indicating the maximum number of dwelling units, theminimum acreage, dedicated open space, type of proposed uses and acreage devoted-to uses,proposed major internai circulation systerl,'the u.r.ug. dedicated to school sites or paymentin lieu thereod the generallocation of commercial sitei within the ptrD, the manner in whichprovision for water, sewer, telephone, electric and gas would .*irt'*i ;#ilr*restrictions sought by the Applicant;
(c) a regional location map showing the location of the proposed ptID inrelationship to connecting roads and otler pubtic-facilities;
(d) a site map indicating the boundaries of the pUD, its acreage, existingstructures and existing zoning;
(e) a site topographic map with S_foot intervals;
(D a legal description of the area incruded within the puD;
(g) a written application sening forth the objectives to be achieved by the ptID,
a development schedule, which as modified below sets forth the beginning and completiondates for construction, copies of covenants, cond.itions and restriaioni which have now beenampiified as set forth herein, a list of properry owners within 300 feet of the boundaries of thePtrD, statement by a Licensed engineei that provided information concerning the proposedsource of water to the PUD, a proposed method of sewage treatment, and a general mannerin which provision would be made for potentia.l narural hJards, ircrriirg l-dslide areas, allof which are subject to the conditioni set forth herein.
16 The PIID, zubject to the conditions set forth herein, will be designed with theconsideration of the natural environment of the site and zurrounding are4 and will not unreasonablydestroy or displace wildlife, narura] vegetation or unique features of the site.
17' Subject to the provisions of $4.08 06 of the Garfield Counry ZorungResolution of1978' as amended, the Board of county commissioners find that no portion of the pIrD conditionailyapproved herein may be occupied uniil .ppropriate final plats have been approved by this Board.
tl
494584 8-982 P-108 06/t8l96 10:34A pG 6 OF 14
CONDITIONS OF APPROVAL
The foregoing Findings are specifically entered subject to
compliance with the conditions set forth below Such conditions are a
evidence, including public comment.
ROAD IMPACTS
the adoption of and strict
result of consideration of all
I Appiicant shall construct, consistent with Board of County Commissioner Resolution
No 92-091, as amended, a northbound left-hand turn lane at the intersection of County Road
I 14 and Los Amigos Drive, which is the main entry road into Los Amigos Ranch pLID As
further conditions under this commitment, Applicant shall:
(A) Obtain all required approvals from the County to vacate and relocate those
portions ofthe County Road I l4 nght of way necessary for construction of the above
left-hand tum lane, which approvals will not be unreasonably withheid by the Counry
(B) Complete construction of the above referenced left-turn lane shall be
completed by 911197 or within the next construction season following completion of
lega-lproceedings and entry of final orders granting title the County or Applicant for
the subject right-of-way above referenced.
2. At the time of each Final plat approva.l, a fee shall be paid to the
amount as shall be estabfished by t pursuan o affipacaanalysis to be
by:ifiEeounty at tlme fee shall be assessed as
urut r upo-nlhe-estrmated cost of two lane improvements to County
Road I I4 from its intersection with the highway frontage road adjacent to Highway g2 to its
intersection with the entry road to Auburn fudge housing project. The road impact analysis
accepted by the County above, as the same may be from time to time modified to reflect
current costs, shallbe incorporated into all future analyses used by the County in quantiling
road impact fees in the County Road I I4 corridor, Payment of said road impact-fees, ihall
be expressly conditioned upon the assessment by the County, at the time oiFinal plat, of
proportionately equal road impact fees upon all subsequently developed properties accessed
in u,hole or part by County Road I l4.
3 Paragraphs I and 2 set forth the full and complete obligation of the Applicant with
respect to improvements to County Road I 14 for the complete development oiLos Amigos
Ranch PIID as herein approved
'.'
494584 8-982 p-109 06/LB/96 tO:34A pG oF 14
DEDICATION OF ROADS
4' All roads contained within the Los Amigos Ranch pLrD shall be dedicated to thehomeowner's associations which will utilize tr,e s-arne for access to its properties and upondedication, the respective homeowner's association shall thereafter be responsible for themaintenance and care thereof. Applicant shall submit a plan to the county pnor toPreliminary Plan.approval to privatize'the roads within the Los Amieos Ranch ptrD whichare presently dedicated to the Public use and the approvutmorgtii,.?.in uv Applicant shallnot unreasonably be withheld by the County.
WASTEWATER
5 The. (aa) lots along "R9_u9 A" (Los Amigos Drive ro rhe water tank) which couldpotentially drln lnto tfi! sp.ing valley Aquifer, au iots along Los Amigos Drive that currentlvlie within the spring valley sanitation oiitrict, all lots dep[ted upon"the ;uD p;; ;';il;Density" single family lots, and all lots depicted upon the ptrD plan
",
,,il;i-;;;;;', il"l;shall be serviced by central sewer provided by the Spnng Valley s.rit.ti"r'oir;;" #.;the economic inefficiencies and impracticalities associut.a *itti extending and maintaininecentral sewer service to the remaining westerly single family lots in th. pUB, ;;r,,.#;fbe allowed to service said remaining lorc witt inlriaual sewage disposal systems (ISDS),subject to the following conditions:
(A) Applicant shall provide to the Board all information needed by the Board toreview the environmental and health impacts presented by ISDS service, which shallalso be forwarded to the Colorado Department of Heaith, water eualiry controlDivision for their review and recommendation.
(B) The Board finds that the Colorado Department of Health has made a favorablerecommendation regarding the proposed method of sewase disposal as required bvC R S 30_28_136(lXg)
WATER SI IPPI Y
6
there
In conn the Applicant sha.ll provide evidence that
foreseeable needs of the development *itfrn,r"h ;r.l;;;;';L,
7 ' In connection with the next succeeding preliminary plat for the Los Amigos RanchP[-ID, the Applicant shall set forth the proposed method foitransfening legal ownership andcontrol of the water distribution facilities. water and water rights ,uffi"Lnt in quantitv toservice the approved units (hereinafter collectively water Distribution system) to the Los
Amigos Ranch Homeowners Association, Inc. It is agreed that as a term and condition ofzuch methoa
litrans.er, theApplicant shailretain the right to charge a water tap fee to initialpurchasers of lots that will recei,re water from the *at., oistribution System; provided,however' that such water tap fee on a per EQR basis, shall not exceed the Applicant,s perEQR cost (plus interest thereon) of consrucriniand instalting the wateroistriuution system,including the cost of over sizing any elements of the water Distribution System as may berequired to serve areas zoned muJti-family or commercial . upon the request of the-county,the Applicant shallprovide the counry with evidence ofthe actual costs incuned by Applicantin constructing and instailing the faciiities of the water Distribution Systern.
UTILITIES
494584 8-982 p-110 06/18196 1O:34A pG 8 OF 14
Plan
easements.
size and location for gas,;h#;ffi;";il,;;Ii::Control (vcfFno o!'^ll i-^r.--:^ r: ' ^control systems shal include rine and facitiry sizing, * uaaitronlo ;;;."#ri:Lilil?
9' one dog will be allowed for each residential unit. This requirement will be includedin the protective covenants, and will be enforced by the appiicable homeowner,s association.
l0 Common open space areas shall be dedicated by the Applicant to the Los AmigosRalch Homeowner's fuiocjation in an amount that maintaini a 50:50 ratio or greater,dedicated open space to developed land. The dedication of open space shail coincide withthe approval of the applicable final plat.
I l. No open hearth solid-fuel fireplaces will be allowed.
12' Dwelling units will be ailowed an unresrriaed number of natural gas-burning fireplacesor appliances.
l3' Dwelling units will be allowed one (l) new wood-burning stove as defined by C.R.s.$ 25-7-401, et. seq, and the reguiations promulgated ti,er.under.
B
494584 B-1BZ p_111 06/LB/96 10:34A pG
PLAT NOTES
oF 14
14 The folrowing prat notes sha,.r be incruded on an Finar prats.
(a) hior to the isstrance of a building permit, the owner of each lot shall prepareand submit a soils and foundation report, a grading and drainage prarL and ageologically acceptable building site prepared and certified by a professional ehgineer.AII improvements shall be-.or,rtructed in accordance with such engineeringrecommendations, which shar be a condition of Los orr;;'d.rr',J.ii,..*r.rControl Comminee approval *a tn" buildinj p;;.
(B) The owner of each Iot utilizing an individual sewage disposa.l system (ISD')sha]l obtain site. specific pe..olution tests to determine whether . ,,*a-a septicsysrern is acceptabre or an engineered "y"., ir "pf.oilur. or required Each ISDS
,H
* designed to minimize"tee removar urra churrge, io tir. naturar contours of the
(c) The reconnnendations of the colorado State Forester and the Fire chief as setfffi:,',T#::fffiIt::l5;x*:J; #ff:, 28, t s ez,r.,,s,,,u,, u.
@) AII lots designated to lie within the Spring vailey sanitation District shallobtain centrar sewer service pursuant to agreement with the Disma.
@) open hearth sofid-fuer burning firepraces are not alrowed.
CF) Each dwelling unit is allowed one dog.
I5 Applicant has heretofore created the Los Amigos Ranch Homeowners fusociatioqInc' a colorado y:pllt ,orpo*i* .rd bt ."r;il y of the AMENDED ANDRESTATED DECLARATION OT COVTNAT.TTS, CON;MIONS AND RESTRTCTIONSFOR LOS AMIGOS RANCH PLAM{ED LNIT DEVELOP],ENT, filed in the Office of theGarfield counrv crerk and R*";;;;Io.ption No. 421306, Book 799, page 48, chargedthe association with certain arii.r ."i responsibiliti., -iJua*g,
but not f,mited to, theenforcernent of said covenants, conditions and restrictionr und the maintenance of commonopen space within zubdivided lands of the Los Amigos n-.i, puD.
H
494584
20
B-982
o
P_1t2 06/ t8/g6 10:34A Pc 10 oF 14
.yment of fees
16 Applicant-:hd'1'approval of final.prat, pursuant to.the procedures set forth at
ARTI.LE w, paragra ph a'.i or tr,. arrnalJ-oii"rri""
30".i,. iaentifieJ, ,ao,ex,,
the
properties, containei *irrri, n ,rr. iring. or m. nrrq ,i...,t.ary
"*."prinj ,herefrom arlilT:I:',i1'JiY,,1:TJ"R:[##,,,ffi
,:t_,-I,t';'H",ffi l;::,s,iMu*i_F.,,,r/
.ll;.'a.^fx,llililH--,1iJ;?":'#T:,;:*.,H:fl.ryl.:br-" naar prat approvar, a
ffiiidjtrt'lliliffi ,'tr*,Tr!;;.;;#ilfl'l:!:Hry,i:ri.'#*",b",,"iffi #ffi*"[,..'#j,:::ffi,'.,:J,..lrH,.jJl,ljJT*friI:#il:parasraph shatt eouar or exceed;;ffi,:;TIi::::'^-T"",: open space pu.ru*, to thisi*,f,r, *;;#uar or excd in amounr of total *;"^ir,Z'inoithe ;",rr';ry
Sing,e
i-.i:=fl3m:t*
convev to the oy:r, of the "Murti-Famiry,,properties,
ar reast r0
ffiri##rrill{;tl.,';ftit*f;t*':{fr ,'ff #::*'*tffiofthe next Final PIar fih ilJtr',A1]ro, Ranch p[.D andm
space rana prio, to upprouu]said Final PIar as 'tauri-e-,iry d:,f;Tff#:H.T"fl"*: 'r,uu u"i*erated uponh a v e n o turt h er .., p o n, i bili'r-' #, n. ;|i:#Tjj ilfr
":
*fl: : ffi lffii, &ft;;l,ffi"
19' Applicant sfail
-rncorlorate in the Supprementa] Decraration fi.red pursuanr to
Paragraph r6 and the additiol;;;:r:;r...;;;;;, .i101,,"r, and restrictions required
under paragraph I7 above, ;';;;;nur..ovenrnir,
""roi,i*: *d ,.o.i*io^ as are_:::'
to achieve
'r,.
prrpor;'* r.lirry,r,"."raii.r-r-.rtuuurr,ed
in this..rorrtioo.
:ix;,,"iit!?il# il j1;,ffii;ff
1HI 3.:r::i ::,, 9.d i:u, e t o the RE- I S c h o orthe next anut piut . ;:
-- *'u'tPdvL rce' oedl:,ate to the RE-l School,r, n. ;d## ;iiilT:::::illo*tined uponiiJ*t n*
r,&,:,:H:!ffi Ttr**nr#**:tJji#:,i.:{tr;riir;m,r;il#;',f",iffi:;.tr:t1H".,*$:j,ffi "i:li.jifr 'J##';,IdHTJin li eu or prop erry a.o:.r}* ffi:ffi^,:,T:i :IHiHi -
j'
494584 8-982 p-113 06/18/96 t0:34A pc 11 OF 14
Phasing.
ii;,,,,,1i11ff1'Ji',1,l;;,Xifi1J:,i:l.i"IJi:,*:Amigos Ranch prrD pursuant to the
Phase
Designation
(Prehmrnan,
PIan)
I
Phase
Designation
(Finalplat)
A
Description of phase egrnmencement Date
(.Submrssion of
Prelrnrnaq, plan.)
December 31, tgg6
Approximatelr, 3 g
Iors on Road A and(l) Iot adjacent to
Fihng 2
Approxrmatelv 45jots on Road A near
rvater fank and on
Road B
1 L Approxrmatelv z
Iots through .*jio December 31- lggg December 3 I. 2005
draw, Road D2 D Approxrmate.lv 4
lots through th'dO December 31, 1g9g December 3I. 200g
draw. Road E
a r. Remaining sinel,
family rorr, *rllt December 31, 1g9g December 3t.2olo
residential lots and
neighborhood
commercial
3 F 80 high densitvrirsf;;i;i'J,, December 31, 2002 December 31, 2010
rn lower valley
22. It is specificalJy agreed that Los Amigos Ranch ft&y rri?i'rffi lfi iffi ,:ni:,:"il;"1#]eL}#'},ffJ;*:*s€paratepreriminaryprat
p;,.p;;;;;#;[1:'.:ryry,X*,,:;;*l#i#x jff:ii?_i,ff iil:x,.j,lil1]i
;ronAnnricanthavingr..rir,.
j'iri1id..riur*i,i;;;:ffi .;.t*;*f i'ffi
B
December 31. lggg
S u bd:vision lmprovemen tAgreement
December 3l.lg9g
December 3 t. 2002
11
LI
494584 8_982 p_114 O6/tB/56 10:34A rc 12 OF 14
.'r*,#:,y;,:',*ffi Iltry."Il*T,^H;:;l?:,j_:ffi
ffi [,,r,periods,andhlch rnav be done uy ira;Jau.rloffi;il',:::.,1T:I*,irg its const.r.tron
p{rD Zone District Text
rurvruuiu s,Ddluslon inaprovement agreement.
24 Subject to th,*"""i.iil'J#o';#Ht;Tf*,:;ffi
J}::"fi :.*T1,.ffi illapprovesborh
25. As a co^ndition ofapproval and by agreement withtie B o ard
" t:,Ti.6i6ffi#,['#%Tfifi I* * yl.Me o, Ran ch parrn erstup,pr o vi s i o ns ;i$'rT?r:iffi :'[:fl.r""i' 7a
"
p ;; ;J ;,, m e n r asr e e m e n r
n#*Till.fl#,*ru*.";l,i*t**,#trit:##
: .,r; ; ;;#". :ffi.;rj#;,* T i;.f lil * u;i,, e, .
", Ji,, ",,,rh ererore' i ;g
:1. il;;; rlil ..,n herein,,1,. a, l-,.9^Y:14i, ; ri: ;'Xi,,Ii:*Hrights set forth for zuch . ;;.G.ot pt* in gz+-os_i,f,ut-, rr,ii."i"y
"u of the ";;;;26. pursuant to rhe ^.^,"-^_ "-:_-'ur
vz'+-o6-IUI' gI seg'' C'R'S', as amended.
lounryLr"-rrrtto
the provisions ol-$_z+-oa-]9:(r), c.I..s., as a,ended, the Board of;;:J,"#T#r#r,1T:,xgilTTtrt*#s#,#ft t.fl rH:::.1fl ffIn paragraphs 30-33 'uo". l.ilr"re"ortte Appricant ," ::1L 1h9.,nr'*re irun ,"t roni
[!F:flI [T':r.th' ;-d#; s"1 ronr, i,i,uln,fu,tiorr wir] ,,u;.,i-*. Applicarrtamended. -- ' ested rights, as such r".ei*., l, r"i?",, ;ir;;;:?;;i,,j, ..*.r., u.
irr:r,*Iff 'J:-i.T::t3:i,:.:Iij":,,'"i:1#:,r",,-sub,i,re,,ves,edRi,i,s,,,,h€
conditional apDrov
c n.s., *l#7'r-our* of Los Amigos n-.r, puo 'i#; fftff:;:T',i1;ir;lrll;*y.i"+;;l;, davs of said .pprou1,.:rrr.lo 'i.'rr'ou*.0,,
.. n.*rp.p., of generaluna *"Jl; il;,:il',:i#';:tr1public orthe 'i*"p.e". deveiopment pran approvar
72
O
D
)
494s84 8_982 p_llS 06/18/96 10:34A pG 13 OF 14o
Creneral.
28. AII reDrese'rqrin-- ^r . r
rjn:H#:*-;:';ffi.1'd"'ffi:i:1fl :il:H*::it,:Tff ,"r$a,eda,,he
il"ffi Tmj-{*i"Try"::?Tr*{:f m*l'_ry;;;;;;.J,fi ffij}H:i
rep res€nt at, o nt
oS' ons o f tp p'o urt, o ro.,r.
"in
,H :i.,& dff: il ru ffiH|;.l?s ot the Applicant, the conditionr;f ;;.ovar set Ibd;ffi sha, contror.
CONDINONAI APPR
Pursuanr rn +L^ ? .
,',rf, ffi i[T.:Lqf t11?,fr,.*J,ftt",ffiTii#1;;HH}.J5i.,fr ,,.::,.?x?
fi : iffi ::lff ffia,; ;'dff"T Tf,ffi, firyryffi xxr*r::#l.
Datedthis tTtndayof June 1,996.
13
made and seconded the foregoing Resorution was adopted by the forowing
Marian I. Smith
So&J.ldacktevttmer Guchv) Arbanef
u
B OARD OF COLINTY-COMMIS SIONERSoF GARFTELD corrNrv, c-oibriXi]"
C)
s,,r\
e
$\
N
l:. :.
N.:
C!,"i\
S,.
[illl:
i,i*"tli;;
$i
{;,ti irr,.'li ' .,'i
:',irii+l
,I co ?I Cd vlt:ol g6/Bt/go srl_d z86_g vasv{(/4J @q llJ
E^92
Nr,H8{
p