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Home My WebLink About3.0 BOCC Staff Report 10.04.2004REQUEST BOCC 10/04/04 FJ PROJECT INFORMATION AND STAFF COMMENTS Correct a Scrivener's Error & Amend the text of the Blue Creek Ranch Planned Unit Development (PUD) APPLICANT Blue Creek Land Holdings, LLC REPRESENTATIVE(S) Balcomb & Green, PC, Lawrence R. Green LOCATION 3220 County Road 100 (Catherine Store Rd) ZONING PUD I. BACKGROUND The Board of County Commissioners approved the Blue Creek Ranch PUD and Preliminary Plan on August 5th, 2002 which is memorialized in Resolution 2002-82 (the Resolution). The Board subsequently approved the Final Plat on February 18t, 2003. The Board approved the PUD as a site specific development plan which was proposed and intended to include a total of 48 single-family residential lots. Lot 1 was designed to include the existing original ranch house as well as an existing accessory dwelling unit (ADU). Due to a scrivener's error, the Resolution refers to 49 residential lots rather than 48 residential lots as well as neglected to specifically include a reference to the ADU on lot 1 which was contemplated throughout the review process as an existing unit which would continue to exist as a lawful use on Lot 1. Additionally, confusion has recently arisen regarding the intent of the term "barn" which was approved as a use -by -right in the private common open space district within the PUD. The Applicant intended the barn to mean "storage barn" for the benefit of individual lot owners in the PUD where owners in the subdivision would be able to store personal belongings in the barns as a private amenity provided by the Homeowners Association (HOA). Because this specific intent was never discussed during the review process, Staff maintained a more agricultural understanding of the term "barn." As a result of that understanding, building permits had been submitted by the Applicant for one of the proposed barns which, by design, resembled a traditional "barn" design on the exterior while the interior was designed as "storage" units which was contrary to Staff's understanding. II. REQUEST The Applicant requests the Board approve a request to amend Resolution 2002-82 to 1) correct a scrivener's error effectively changing 49 residential lots to 48 residential lots while including the existence of the ADU on Lot 1 and 2) to clarify the definition and intent of "barn" as it is contemplated as a use -by -right in the private common open space zone district within the PUD. 1 • • III. STAFF COMMENTS Section 4.12.03 of the Garfield County Zoning Resolution identifies the criteria the Board of County Commissioners shall use to determine if a modification to a PUD is warranted (pursuant to CRS 24-67- 106(3)(a — c)). 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). (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 (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 [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. (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. Staff Response Staff finds the request to correct the scrivener's error is warranted simply on the basis that it was an oversight in preparing the Resolution. Clearly, the number of single-family lots proposed, discussed, and approved was 48 rather than 49 and the ADU on Lot 1 was also contemplated throughout the approval process and inadvertently left out of the Resolution. The clarification of the term "barn" to mean "storage barn" to contain storage units for the specific benefit of lot owners within the subdivision is consistent with the primary residential nature of the development as well as the general intent of the PUD as a shared amenity. Staff agrees that cluster design incorporated into Blue Creek Ranch contemplates smaller lots while preserving larger tracts of open space. A separate storage barn for the benefit of the lot owners affords additional storage space without compromising the intent of the small lot concept. The PUD does not include any time-share or fractional ownership units. Staff finds the proposal 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. 2 • • IV. PLANNING COMMISSION RECOMMENDATION & SUGGESTED FINDINGS TO THE BOARD OF COUNTY COMMISSIONERS On September 8, 2004, the Planning Commission unanimously recommended the Board of County Commissioners approve the request to 1) correct a scrivener's error to Resolution 2002-82 and 2) amend the text of the Blue Creek Ranch PUD to clarify the intent of "barn" in the private open space to mean "storage barn" finding that: 1. That the meeting 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 PUD text is consistent with the efficient development and preservation of the entire PUD [and the modification] affects in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the PUD, or the public interest, and is not granted solely to confer a special benefit upon any person; 3. 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; and 4. That the application has met the requirements of the Garfield County Zoning Resolution of 1978, as amended. 3 • Garfield County October 4, 2004 Lawrence R. Green Balcomb & Green, P.C. P. O. Drawer 790 818 Colorado Avenue Glenwood Springs, Colorado 81602 BUILDING & PLANNING DEPARTMENT RE: Text Amendment to the Blue Creek Ranch Planned Unit Development Dear Larry, As you are aware, on Monday, October 4th, 2004, the Board of County Commissioners (the Board) approved the request to amend Resolution 2002-82 to 1) correct a scrivener's error effectively changing 49 residential lots to 48 residential lots while including a specific reference the existence of the Accessory Dwelling Unit (ADU) on Lot 1 and 2) to amend the text of the PUD to clarify the intent of the term "barn" to mean a "storage barn" which is to be used as a shared amenity as a use - by -right in the private common open space zone district within the PUD for the benefit of lot owners in the PUD and is owned and managed by the Homeowners Association. In addition, the Board also agreed that a total of four (4) such storage barns are contemplated in the private common open space within Blue Creek Ranch PUD. This office will draft a new resolution that reflects these changes described above which will be presented to the Board on a consent agenda for signature in the next few weeks. Please do not hesitate to contact this office should you have any questions regarding this matter. Very truly yours, Fred Jarman, AICP, Senior Planner 970.945.8212 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470