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HomeMy WebLinkAbout1.0 Application4/12/13 Ross MON r1;ssut SCHOOL RMS/AEE Future School Site Submitted by the Ross Montessori School & Trend Investments, LLC Prepared by: TG Malloy Consulting, LLC TGMALLOY CONSULTING, LLC LAND USE PLANNING • SITE DESIGN • NATURAL SYSTEMS ANALYSIS • PUBLIC PROCESS April 12, 2013 Kathy Eastley, Senior Planner Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Re: Request for PUD Amendment and Rezoning of the Equestrian Lot of the Aspen Equestrian Estates Subdivision Pursuant to Section 4-112 and 6-201 of the Garfield County Unified Land Use Resolution (ULUR). Dear Kathy: The Ross Montessori School (RMS) is submitting this application in response to a request by the Colorado Attorney General's Office to seek traditional zoning as a prerequisite to securing funding through the BEST grant program for development of a school facility on the Equestrian Lot of the Aspen Equestrian Estates Subdivision. The legal description for the subject property is provided on the attached Garfield County Land Use Change Permit Application Form (Exhibit 1). The general location of the subject property is also shown on the Vicinity Map which is included on sheet one of the drawings in Exhibit 2 of this application. As you will recall, the Garfield County Planning Commission approved an application for Location and Extent Review to allow the development of new facilities for the Ross Montessori School on the subject property last October (Exhibit 3 - Resolution No. PC -2o12 -o6). The Location and Extents Review application reviewed Last fall provided a summary of information related to the proposed school and its relationship to the surrounding neighborhood. Therefore, this application will be limited to the issues and code requirements related to removing the subject property from the Preshana Farms PUD and rezoning the property to the Rural (R) zone district. A pre -application conference regarding the proposed PUD amendment and rezoning was conducted with the Community Development Department on January 15, 2013 and a copy of the Pre -application Conference Summary is included as Exhibit 4. As was the case with last year's Location and Extents Review application, the Applicant for this review is the Ross Montessori School, which has been authorized to file and process this application by the current owner of the Equestrian Lot, Trend Investments, LLC (see Exhibit 5 - Authorization Letter and recorded Statement of Authority). Exhibit 5 also includes a recorded Statement of Authority for Ross Montessori School and a letter authorizing TG Malloy Consulting, LLC to represent the School on matters related to the processing of this application. 402 PARK DRIVE • GLENWOOD SPRINGS ' COLORADO • 81 601 (P) 970.945.0832 • (F) 970.945.0833 'E-MAIL: TGMALLOY@SOPRIS.NET Ross Montessori School/AEE PUD Amendment and Rezoning Application April 12, 2013 2 A letter of support for this application from the Aspen Equestrian Estates HOA is also included with this application (see Exhibit 15). DESCRIPTION OF PROPOSED PUD AMENDMENT& REZONING The Applicant is proposing to amend the Awe ' ' ' n PU (former Preshana Farms PUD) by eliminating the Equestrian Lot from the PUD and rezoning' property tour rRrRemoving the Equestrian Lot from the PUD will also necessitate the elimination of thelquestrian Center (E) district and the associated use lists and standards from f e PUD Zone District Descriptions and Variance from Subdivision Regulations" for the Aspen Equestrian Estates/Preshana Farms PUD. Exhibit 6 is a draft of the proposed Amended PUD Zone District Descriptions and Variance from Subdivision Regulations including an amended PUD zoning map. The proposed changes are shown on pages 1 through 3 of this exhibit. This document is intended to amend Exhibit A of Resolution No. 2000-30 (Exhibit 7). Also included with this application is an amended PUD Site Plan (Exhibit 2). The Amended PUD Site Plan is a two -drawing set, which meets the requirements of Section 6-3o1(C)(8) of the ULUR as requested in the Pre -application Conference Summary. The drawings in Exhibit 2 show the Equestrian Lot excluded from the PUD. The Aspen Equestrian Estates Subdivision PUD documents include a declaration of protective covenants (the Covenants), a copy which is included as Exhibit 8 of this application. The Covenants are administered and enforced by the Aspen Equestrian Estates Home Owner's Association (HOA) and are intended to govern development within the Subdivision in a manner that preserves the natural beauty, vegetation, and native setting and surroundings of the Development to the extent possible with the uses and structures permitted under the PUD zoning. The Covenants address a wide range of development factors such as architecture, signs, fencing, landscaping, exterior lighting, off-street parking and weed control among other things. However, the Covenants were designed to have minimal applicability with respect to the subject property, which is referred to as the "Equestrian Lot" in the Covenants. The following is an excerpt from the definitions section of the Covenants, which provides the definition for the term "development." "Except where specifically referred to in this Declaration, as in for example, Sections 3.14 and 3.15 related to sewer service and water service obligations, the Equestrian Lot is not subject to the terms of this Declaration and shall not be included within the term "Development." Nevertheless, the Applicant sought exclusion from the Covenants altogether at the request of the Colorado Attorney General's Office as a further prerequisite to obtaining grant funds for the development of the school facilities. Exhibit 9 is a copy of a resolution approving the amendment language which was approved by the Aspen Equestrian Estates home owners on March 7, 2013. The proposed amendment excludes the Equestrian Lot from all provisions of the 402 PARK DRIVE • GLENWOOD SPRINGS • COLORADO • 81601 (P) 970.945.0E-332 • (F) 970.945.0833 *E-MAIL: TGMALLOY@SOPRIS.NET Ross Montessori School/AEE PUD Amendment and Rezoning Application April 12, 2013 3 Covenants. Pursuant to Article XI, Paragraph 11.2 of the Covenants, amendments require a favorable vote of 67% of the eligible members of the HOA. During the March 7th meeting, the eligible members of the HOA approved the amendment by a unanimous vote of 4o - o. A copy of the Certificate of Election Results from the March 7th Aspen Equestrian Estates HOA is also included in Exhibit 9. The issues related to the provision of water, which is discussed in Section 3.15 of the Covenants, are addressed in a recently -executed private agreement with the AEE/BCR Master Water Association, which is the current provider of water service for the Aspen Equestrian Estates (AEE) and Blue Creek Ranch (BCR) subdivisions. A copy of the executed water supply and connection agreement is provided in Exhibit 10. Section 3.14 of the Covenants provides disclosures related to the provision of sewer service. The language in this section of the Covenants provides for the transfer of rights and obligations for the provision of sewer service for the Equestrian Lot to an assignee. As discussed in the Location & Extents Review application, the preferred option for handling sewage treatment for the planned Ross Montessori School will be through connection to the existing Ranch at Roaring Fork sewage treatment system. While the purchase agreement for the Equestrian Lot incudes rights to necessary EQR's to serve the School, a connection agreement will be required prior to construction of the necessary sewer line. The language in Section 3.14 provides important background information that will be incorporated into any future agreement related to the provision of sewer service. Since exclusion from the Covenants has been approved by the Aspen Equestrian Estates HOA, it's appropriate that the intent of these provisions 3.14 and 3.15 also be incorporated into the related water and sewer service agreements. REVIEW STANDARDS PUD Amendment (Section 6-202) Section 6-202 of the Garfield County ULUR specifies the standards for consideration of new PUD applications and amendments to existing PUDs. The following is a review of these standards relative to the proposed PUD amendment for the Equestrian Lot of the Aspen Equestrian Estates. A. Compliance with Rezoning Standards: The PUD complies with the approval criteria in Section 4-112(C), Rezoning Criteria. Response: See response to Section 4-112(C) in the next section of this application. B. Relationship to Surrounding Area: The PUD will not have an adverse impact on the surrounding area. The PUD is compatible with the scale, intensity and type of uses located on adjacent property. 402 PARK DRIVE • GLENWOOD SPRINGS • COLORADO B1 601 (P) 970.945.0832 • (F) 970.945.0833 +E-MAIL: TGMALLOY@SOPRIS.NET Ross Montessori School/AEE PUD Amendment and Rezoning Application April 12, 2013 4 Response: The proposed amendment is to remove 15.2i acres from the Aspen Equestrian Estates PUD and rezone the land to Rural (R). The Applicant is seeking this change in zoning to accommodate a request by the Colorado Attorney General's Office in connection with the Ross Montessori School's application for grant funds through the BEST program. The State's intent in requesting this amendment is to provide reasonable flexibility for marketing the property as a last resort to recoup the grant money in the unlikely event that the Ross Montessori School were to cease to exist. Removing the Equestrian Lot from the Aspen Equestrian Estates PUD and rezoning the property to Rural would allow development at a scale and intensity similar to the surrounding neighborhood. The minimum lot size in the Rural zone district is 1DU/2 acres. For comparison, the density within the Blue Creek Ranch PUD, which is located across CR 100 from the subject property, is approximately iDU/1.8 acres. The density of Lion's Ridge Estates, which is located approximately 1/4 mile north of the subject property, is 1 DU/3.9 acres. If the density for the Aspen Equestrian Estates Subdivision were calculated without the Equestrian Lot it would be roughly iDU/.91 acres. The large ranch parcels to the north of Highway 82 are all zoned Rural and are eligible for the same 2 -acre density that would be available on the subject property, were it not for the fact that the site is planned to be developed for the Ross Montessori School. The height limitations and setbacks between the current PUD zoning and proposed Rural zone district area also comparable. The primary difference in the setbacks is that the PUD zoning requires a 25 -foot side yard setback while the Rural zone district requires the greater of 10 feet or 1/2 the height of the building. Both zoning schemes limit the height of residential structures to 25 feet. The Rural zone district allows non-residential structures up to 4o feet, while the current PUD zoning is silent on the height of non- residential buildings with the exception of water tanks which are allowed to a height of 32 feet. One significant difference between the current PUD zoning and the Rural zone district is that the PUD zoning allows a maximum lot coverage of 3o% while the Rural district limits lot coverage to 15% for residential uses. Both the current PUD zoning and proposed Rural zoning limit the uses allowed by right primarily to agricultural, residential and open space uses. The following is a comparison of the uses allowed by right under the Rural zone district versus those allowed under the current PUD zoning. 402 PARK DRIVE • GLENWOOD SPRINGS • COLORADO • 81 601 (P) 970.945.0832 • (F) 970.945.0833 *E-MAIL: TGMALLOY@SOPRFS.NET Ross Montessori School/AEE PUD Amendment and Rezoning Application April 12, 2013 5 Table i Comparison of Use -by -Right Uses Allowed by Right AEE/PUD Zoning Rural Zone past. Agriculture X X �(� Animal Sanctuary X Agricultural Products Sales X X Riding Stables, Private � !�pp X X Equestrian Events (300 people or less) ✓lr-l4f/WS X Single-family Dwelling Units � X X Foster Home X Employee Housing Units (attached or detached) X Chile Care Center X Parks, Open Space X X Trails, Trailheads, Roads X X Nursery/Greenhouse X X Hydraulic Fracturing, Remote Surface Facility* X Injection Well* X Oil and Gas Drilling* X Utility Distribution Lines * X Dia Utility Transmission Lines * X X X eig oro u station Utility Distribution Facility * Water,StoraKe Tank v—r CAANL Accessory Uses Agricultural, Accessory Fence, Hedge or Wall Home Office/Business Solar ner y yst e Accessory Lr ,,F X� Temporary Uses -tit,F LAK--- Temporary � Tempgra Hou in_ m IIF X ote: Use b" right it zone d' tricts in Garfield County. With the exception of the utility and oil and gas uses, which are permitted in every zone district in Garfield County, the list of permitted uses for the proposed Rural zoning is very similar to the current Aspen Equestrian Estates PUD zoning. While the Rural zone district does list several utility and oil and gas uses as allowed by right, it's extremely unlikely that the subject property would be utilized for any of these uses even if it were not developed for an elementary school as planned. Both the current PUD zoning and the Rural zone district allow uses other than those listed above pursuant to varying levels of review either by the County or by the HOA. In addition, most development in Garfield County is subject to some level of site plan or 402 PARK DRIVE • GLENWOOD SPRINGS + COLORADO + 81 601 (P) 970.945.0832 + (F) 970.945.0833 *E-MAIL: TGMALLOY@SOPRIS.NET Ross Montessori School/AEE PUD Amendment and Rezoning Application April 12, 2013 6 impact review. Most of these additional reviews require noticed public hearings which would provide opportunities for comment by surrounding residents and businesses. Neighborhood support or opposition is given significant weight in Garfield County's development review decision making process. The intended use of the property is for a K- through 8 school to be operated by the Ross Montessori School. The County reviewed and approved an application for Location and Extents Review for the planned school last fall. One component of the L&E review was to consider the school's compatibility with the surrounding area through the growth and future land use policies of the Comprehensive Plan of 2030. The Planning Commission found the proposed school to be in the best interest of the health, safety and welfare of the citizens of Garfield County and to be in general conformance with the Garfield County Comprehensive Plan of 2030 as indicated in the findings of Resolution PC -2o12- 06. C. Visual Impacts: The layout and design of the PUD shall preserve views and vistas, construction on ridgelines that are visible from major roadways or residential development shall be prohibited, and the design shall be compatible with the surrounding natural environment. Response: Since no specific development is contemplated with the proposed PUD amendment this criteria has limited applicability. The visual impacts of the planned K through 8 school on the Equestrian Lot were considered during the L&E review. The visual impacts of the Equestrian Estates PUD/Subdivision were considered during the PUD and subdivision review process for the project. The proposed amendment will have no effect on the visual impacts of the remaining Aspen Equestrian Estates Subdivision. D. Street Circulation System: The PUD shall provide an adequate internal street circulation system designed for the type of traffic generated, safety, separation from living areas, convenience and access. Private internal streets may be permitted, provided that adequate access for police and fire protection is maintained. Bicycle traffic shall be provided for when the site is used for residential purposes. Response: The purpose of this PUD amendment is to remove the Equestrian Lot from the larger Aspen Equestrian Estates PUD. No changes are proposed for any of the existing internal streets within the Aspen Equestrian Estates PUD/Subdivision. The Equestrian Lot is intended to be developed for a K through 8 school. The site plan for the proposed school includes a looped driveway and parking area. The issues regarding the site plan, and the adequacy of the proposed parking and driveway system were addressed in the L&E application which was reviewed by the Planning Commission and approved last September (see Exhibit 3 - Resolution No. PC -2o12 -o6). 402 PARK DRIVE + GLENWOOD SPRINGS+ COLORADO • 81 601 (P) 970.945.08324 (F) 970.945.0833 •E-MAIL: TGMALLOY@SOPRIS.NET Ross Montessori School/AEE PUD Amendment and Rezoning Application April 12, 2013 7 E. Pedestrian Circulation: The PUD shall provide pedestrian ways throughout the PUD that allow residents to walk safely and conveniently among areas of the PUD. Response: The proposed amendment will have no effect on the existing pedestrian circulation system within the Aspen Equestrian Estates PUD. There are no pedestrian ways located on the Equestrian Lot that connect to any paths or sidewalks within the rest of the Aspen Equestrian Estates PUD/Subdivision. Further, the approved PUD did not contemplate any pedestrian ways on the Equestrian Lot. F. Open Space: The PUD shall preserve at least twenty-five (25) percent of the area as open space. Response: The open space within the Aspen Equestrian Estates PUD exceeds thirty (30) percent of the total acreage of the original parcel (57.89 acres). Further, none of the land within the Equestrian Lot was included in the required open space. Exhibit 11 is a copy of the recorded Final Plat for the Aspen Equestrian Estates PUD. Sheet 3 of this plan set shows the Equestrian Lot as divided into two PUD zone districts. The southern two-thirds of the property are contained within the Equestrian Center (EC) district while the northern one-third is within the Open Space (OS) district. However, the open space portion of the Equestrian Lot was not included in the calculation for determining the required open space as can be seen on the Land Use Summary table provided on sheet two of Exhibit 11. This table shows the entire 15.209 -acre Equestrian Lot as a separate line from the open space category. Therefore, removing the Equestrian Lot will not result in a reduction in the percentage of open space for the remainder of the PUD. In fact, if the open space for the remainder of the PUD were to be recalculated based on the total acreage of the PUD excluding the acreage of the Equestrian Lot, the proportion of open space would increase to 40.7 percent. The following table provides a comparison of the open space calculation with and without the Equestrian Lot. It should be noted that both of these calculations reflect a gross acreage (the total acreage includes the right-of-way). Table 2 Open Space Calculation 402 PARK DRIVE $ GLENWOOD SPRINGS + COLORADO81601 (F') 970.945.0832 • (F) 970.945.0833 ,E-MAIL: TGMALLOY@SOPRIS.NET Approved PUD/Final Plat Proposed PUD Amendment Acres % of Total Acres % of Total Residential Lots 20.01 34.55 20.01 46.87 Equestrian Center Parcel 15.21 25.27 0.00 0.00 Open Space 17.39 30.03 17.39 40.74 Right -Of -Way 5.29 9.14 5.29 12.39 Total 57.89 100.00 42.69 100.00 402 PARK DRIVE $ GLENWOOD SPRINGS + COLORADO81601 (F') 970.945.0832 • (F) 970.945.0833 ,E-MAIL: TGMALLOY@SOPRIS.NET Ross Montessori School/AEE PUD Amendment and Rezoning Application April 12, 2013 8 The intent of showing the open space district on the Equestrian Lot in the original PUD was to reduce the potential visual impacts of development by retaining an open space buffer over the most visible portion of the property adjacent to Highway 82. The site plan for the Ross Montessori School, which received L&E approval from the Planning Commission, honors this intent by limiting this area to play fields and other non- structural improvements. G. Housing Variety: The PUD shall provide for variety in housing types, price and ownership forms. Response: This standard is not applicable since the proposed amendment will remove acreage from the PUD which was not intended for residential use and no other changes are contemplated for the remainder of the Aspen Equestrian Estates PUD/Subdivision. H. Affordable Housing: The PUD shall comply with affordable housing requirements applicable pursuant to Section 8-102 of Article VIII, Affordable Housing. Response: The proposed PUD amendment will have no effect on the housing requirements under the ULUR. The intended use of the Equestrian Lot is not subject to the affordable housing provisions of the ULUR and the proposed amendment does not change any other aspect of the PUD. I. Fire Hazards: Fire hazards will not be created or increased. Response: Nothing about the proposed PUD amendment will adversely affect fire hazards on the property. However, development of the planned school will improve fire safety in several ways. First, the school building will be designed for fire safety, including a fire alarm system and sprinkling. The school will also be providing a back-up generator for the Aspen Equestrian Estates water system and will be conveying the water rights associated with the property to the AEEJBCR Master Water Association. These water rights and facilities will improve the water system and the ability to fight a structure fire for the school as well as the Aspen Equestrian Estates and Blue Creek Ranch subdivisions. The issues regarding firefighting for the school were discussed in general terms during the L&E review last fall. A more detailed review of this issue will occur during the building permitting process. J. Recreation Amenities: The PUD shall provide recreational opportunities and amenities to residents of the PUD. Response: Removal of the Equestrian Lot from the PUD will not alter the recreational opportunities or amenities associated with the remainder of the Aspen Equestrian Estates PUD. As discussed in the response to standard "F" above, pertaining to open space, the Equestrian Lot was not part of the required open space for the original PUD. Nor was the Equestrian Lot available as useable open space for the residents of the PUD since it was being managed as a commercial horse boarding and riding facility and was 402 PARK DRIVE • GLENWOOD SPRINGS • COLORADO + 81 601 (P) 970.945.0832 • (F) 970.945.0833 E-MAIL:•TGMALLOY@SOPRIS.NET Ross Montessori School/AEE PUD Amendment and Rezoning Application April 12, 2013 9 entirely fenced. Further, the Equestrian Center, which existed when the Aspen Equestrian Estates Subdivision/PUD was approved, was not a formal amenity of the subdivision. The Equestrian Center was a separate and distinct use from the rest of the subdivision. Use of the facility was available to Aspen Equestrian Estates lot owners for a fee just as it was the general public. No Aspen Equestrian Estates resident boards horses at the facility currently, nor have they in the recent past. K. Adequacy of Supporting Materials: The Final PUD Plan meets all planning, engineering, and surveying requirements of these Regulations for maps, data, surveys, analyses, studies, reports, plans, designs, documents, and other supporting materials. Response: This application includes an Amended PUD Plan (Exhibit 2) which has been prepared buy a Colorado -registered land surveyor in accordance with the requirements of Section 6-301(8)(C) of the Garfield County ULUR. Due to the relatively simple nature of the proposed PUD amendment, the only other supplemental materials required by the Community Development Department are a copy of the proposed amendments to the PUD Development Guide and the amended Covenants, Conditions and Restrictions (CCR's). When the Aspen Equestrian Estates PUD was approved, the recorded documents included a document entitled "PUD Zone District Descriptions and Variance from Subdivision Regulations." This document is the equivalent of what is now referred to as the PUD Development Guide. The proposed amended version of this document is provided in Exhibit 6. The amended CCR's, which have been approved the Aspen Equestrian Estates HOA, are included as Exhibit 8. L. Taxes: All taxes applicable to the land have been paid, as certified by the County Treasurer's Office. Response: Exhibit 12 is a copy of a Certificate of Taxes Due from the Garfield County Treasurer's Office confirming that all required taxes have been paid. M. Adequate Water Supply: An Adequate Water Supply will be demonstrated in compliance with the standards in Section 7-1O5. Response: The proposed PUD amendment has no effect on the existing water supply system for the Aspen Equestrian Estates. The issues regarding water rights and the intended water supply system for the Ross Montessori School were addressed during the Location and Extents Review. Assuming the Equestrian Lot is acquired by the Ross Montessori School, the water supply system that serves the Aspen Equestrian Estates and Blue Creek Ranch subdivisions will provide water for the school pursuant to the attached Water Supply and Connection Agreement (Exhibit 10). This agreement provides the AEEJBCR Master Water Association with additional water rights, physical water, and a back-up generator. In the event the Equestrian Lot were to be developed as permitted under the Rural zone district, the details regarding the necessary water system would be reviewed at that time. The existing AEE/BCR water system has 402 PARK DRIVE • GLENINOOD SPRINGS • COLORADO • 81 601 (P) 970.945.0832' (F) 970.945.0833 'E-MAIL: TGMALLOY@SOPRIS.NET Ross Montessori School/AEE PUD Amendment and Rezoning Application April 12, 2013 10 adequate capacity to serve the property should it be developed for residential lots at the maximum density allowed under the proposed Rural zoning. Comp Plan Conformance of the Remaining AEE Subdivision/PUD (Section 6-ioi(b)) "The PUD shall be in general conformance with the Comprehensive Plan and in compliance with any applicable Intergovernmental Agreements." Removing the Equestrian Lot from the Aspen Equestrian Estates Subdivision/PUD will result in an increase in the hypothetical density of the remaining PUD. Pursuant to Resolution 98- 11, the Subdivision is allowed 5o single-family dwelling units on the 57.89 -acre property (including 3 units on the Equestrian Lot). This translates to a gross density of 1.16 Ac/Du. Without the Equestrian Lot the gross density increases to.9i Ac/Du (47 single-family dwelling units on 42.68 acres). However, this modest increase in hypothetical density will have no practical effect on the Aspen Equestrian Estates Subdivision or the surrounding neighborhood beyond what was discussed and approved during the Location and Extents review conducted for the Ross Montessori School last year. The Comp Plan identifies the Aspen Equestrian Estates Subdivision/PUD as Residential MH (2 to <6 Ac/Du), which is less dense than the Aspen Equestrian Estates Subdivision/PUD with or without the Equestrian Lot. However, there are several things to consider related to this issue. One of these is that the density recommendation in the Comp Plan is primarily intended to direct new development and redevelopment. The Aspen Equestrian Estate is an existing subdivision which is roughly 5o% built out and no redevelopment is contemplated other than the approved Ross Montessori School on the Equestrian Lot. If significant redevelopment of the subdivision were to be considered it would be subject to a thorough review by the County pursuant to the requirements in the ULUR governing amendments to platted subdivisions and planned unit developments. it's also important to remember that the Comp Pian is intended as a guiding document. The following excerpt from the Comp Plan illustrates this point: "The Garfield County Comprehensive Plan (the "Plan") has been developed to provide a general statement of direction for land use planning in unincorporated Garfield County. The Plan provides a foundation for decisions and policies that guide and direct the physical, social, and economic development for the unincorporated portions of the county. It is designed to serve as a tool for citizens, county staff and elected officials, and focuses on responding to both the immediate and anticipated long-term needs of the county." The Comp Plan also includes the following language specifically related to the Comp Plan's role relative to defining the density of development: "in Garfield County, the comprehensive plan establishes the broad land uses and the density of development (number of units/acre) and the ULUR establishes the detailed standards such 402 PARK DRIVE ' GLENWOOD SPRINGS • COLORADO ' 81 601 (P) 970.945.0832 • (F) 970.945.0833 *E-MAIL: TGMALLOY@SOPRIS.NET Ross Montessori School/AEE PUD Amendment and Rezoning Application April 12, 2013 11 as specific uses, minimum lot size, and setbacks. The ULUR requires that land use decisions be consistent with the comprehensive plan." This language is referring to provisions of the Garfield County ULUR in place at the time the Comp Plan was adopted which required "consistency" with the Comp Plan for rezoning and several other land use change applications. However, the ULUR has been revised since the Comp Plan was adopted to require only "general conformance" with the Comp Pian. This change was intended to diminish the role of the Comp Plan to more of a guide or recommending document as indicated in the following excerpts from the current ULUR: (Section 1-107(A)) A. Implementation of Comprehensive Plan Except as otherwise provided by law, the Comprehensive Plan serves as a guide and is advisory regarding land use in Garfield County.' Rezoning Criteria (Section 4-112(c)(4)) "The proposed rezoning is in general conformance with the Comprehensive Plan and in compliance with any applicable intergovernmental Agreement." General Provisions of a Planned Unit Development (Section 6-1o1(b)) "The PUD shall be in general conformance with the Comprehensive Plan and in compliance with any applicable intergovernmental Agreements." The "general conformance" language allows some flexibility with regard to specific policies in the Comp Plan and places greater emphasis on evaluating conformance with the Comp Plan as a whole. We provide evidence regarding the general conformance of the proposed PUD amendment and rezoning with the Comp Plan in the Rezoning Justification Report later in this application. The following factors support a finding that the remaining Aspen Equestrian Estates Subdivision of the Preshana PUD remains in general conformance with the Garfield County Comp Plan despite the relatively minor increase in gross density which would result from the removal of the Equestrian Lot from the PUD: • Under the ULUR, the Comp Plan is a guiding document and, as such, conformance with specific policies can be interpreted with some amount of flexibility; • The change in gross density is hypothetical only since the property is part of a platted subdivision which is approximately 5o% built out and for which all of the roads and other infrastructure have been completed; I Note: The phrase "except as otherwise provided by law" refers to CRS 24-67-104(f), which requires that PUD's be in "general conformity" with any master plan or comprehensive plan for the County. 402 PARK DRIVE • GLENWOOD SPRINGS • COLORADO • 81 601 (P) 970.945.0832 • (F) 970.945.0833 •EMAIL: TGMALLOY@SOPRIS.NET Ross Montessori School/AEE PUD Amendment and Rezoning Application April 12, 2013 12 • The primary objectives intended to be achieved by the density recommendations in the Comp Plan (ensuring adequate infrastructure and services; avoiding overdevelopment or suburban sprawl; minimizing environmental impacts; preserving agriculture, open space, and other natural resources, etc.) are unaltered by the modest density increase in this case; • The gross density of the existing Aspen Equestrian Estates Subdivision/PUD is already outside the recommended range for the Residential MH category in the Comp Plan and the resulting increase is only 21.6%; • There are other subdivisions in the same area the gross density of which are similarly outside the recommended density range in the Comp Plan (Blue Creek -1.8 Ac/Du; St. Finnbar Farm - 6.5 Ac/Du). Rezoning Justification Report (Section 4-112(C)) Figure 1 is an excerpt from the Official Zoning Map for Garfield County. The subject property is highlighted in red. The official zoning map incorrectly depicts the entire Aspen Equestrian Estates Subdivision/PUD as being in the Rural zone district instead of the Planned Unit Development designation which indicates that a property has received approval for PUD zoning. The Equestrian Lot, along with the rest of the Aspen Equestrian Estates Subdivision, was rezoned to PUD in 1998 pursuant to Resolution No. 98-11 (Exhibit 13). In addition, several amendments to the PUD zoning have been approved since the 1998 resolution was adopted. The most recent amendment was memorialized in Resolution No. 2000-30 (Exhibit 7). The Applicants are proposing to rezone only the Equestrian Lot from the current PUD zoning to the Rural (R) zone district. The remainder of the Aspen Equestrian Estates Subdivision will continue to be governed by the PUD zoning described in Resolution 98-11, as amended. However, since the official zoning map has not been updated to reflect the approved PUD zoning for the Aspen Equestrian Estates Subdivision/PUD, we request that the County update the zoning map to show all but the Equestrian Lot portion of the Aspen Equestrian Estates Subdivision as PUD and leave the Equestrian Lot in the Rural zone district as currently shown on the County's Official Zoning Map. 402 PARK DRIVE • GLENWOOD SPRINGS + COLORADO • 81 601 (P) 970.945.0832 • (F) 970.945.0833 .E-MAIL: TGMALLOY@SOPRIS.NET Ross Montessori School/AEE PUD Amendment and Rezoning Application April 12, 2013 Figure 1 Logond Pud•t le'al Fa.nea De,Woonvet Ret'aen{J+S,Awar Ave: - Pomned U^d(}ece:apme+l P.dY:c A+ipat r>amP A, Resew.. Lrda ID Gy to"..gyp - Co.nnnK.r Green: IN Re -WO ^.Y: MOW, Glome Peel R.pnf-of,W.. - Co-•..^a•c: e'i.nya I•Rf50enfr:'dl•ar 13 In the following paragraphs we will address the criteria for rezoning contained in Section 4- 112(C) of the Garfield County ULUR. The discussion in these paragraphs assumes the actual zoning for the Aspen Equestrian Estates, including the Equestrian Lot, is PUD despite the Official Zoning Map showing the property as Rural. 1. The proposed rezoning would result in a logical and orderly development pattern and would not constitute spot zoning. Response: Much of the area surrounding the Equestrian Lot is either developed for residential use or is zoned Rural as is proposed for the Equestrian Lot. The land north of Highway 82 on both sides of CR 100 is also zoned Rural. The surrounding lands to the west, east and south of the Equestrian Lot have been developed into residential neighborhoods through PUD zoning. While they are currently shown as Rural on the Official County Zoning Map, both the Aspen Equestrian Estates and the Blue Creek Ranch subdivisions should appear as PUD since they were both approved as planned unit developments and were rezoned to PUD as part of the subdivisionjPUD approval process. 402 PARK DRIVE 0 GLENWOOD SPRINGS e COLORADO • 81 601 (P) 970.945.0832 e (F) 970.945.0833 'E-MAIL: TGMALLOY@SOPRiS.NET Ross Montessori School/AEE PUD Amendment and Rezoning Application April 12, 2013 14 Blue Creek Ranch is nearly built out while roughly half of the lots in the Aspen Equestrian Estates have been developed. The land to the south of the Aspen Equestrian Estates has also been subdivided into residential lots as part of the St. Finnbar Farm Subdivision. However, only a few of these lots have been developed. As mentioned previously, the average density of the Blue Creek Ranch subdivision is approximately 1 DU/1.8 acres as compared to the maximum permitted density in the Rural zone district, which is 1 DU/2 acres. The density of the Aspen Equestrian Estates, excluding the Equestrian Lot is 1 DU/.91 acres. The lots in the St. Finnbar Farm Subdivision are larger and in the range of 6.5 acres. The proposed Rural zoning is consistent with the existing development pattern and zoning of the surrounding neighborhood. At the permitted density for the proposed Rural zoning, the Equestrian Lot could accommodate a maximum of seven (7) new residential lots. Central water and sewer service is currently available through the existing AEE/BCR water system and the Ranch at Roaring Fork wastewater treatment plant. These facilities have additional capacity well beyond what would be required to serve the additional lots that could be developed on the Equestrian Lot under the Rural zone district. The subject property is also adjacent the Highway 82/CR 100 intersection and the additional traffic that would be generated from seven (7) residential lots could be accommodated on local roads with little effect on the existing road capacity or level of service. 2. The area to which the proposed rezoning would apply has changed or is changing to such a degree that it is in the public interest to encourage a new use or density in the area. Response: The requested rezoning will actually return the property to the underlying zoning that was in place at the time the Equestrian Estates PUD was approved, as is demonstrated by the fact that the Official Zoning Map for the County still shows the property as Rural. The surrounding neighborhood has continued to develop into a medium -density residential neighborhood consistent with the proposed rezoning. 3. The proposed rezoning addresses a demonstrated community need with respect to facilities, services, or housing. Response: The proposed rezoning is part of a strategy to develop the Equestrian Lot for a K through 8 Montessori school, the current facility for which is located in the Town of Carbondale. Montessori education has been available in the Carbondale area for nearly 30 years beginning with the establishment of the Mount Sopris Montessori School, a pre- school located in Carbondale. The Ross Montessori School (RMS) has been in operation since 2005. Since that time, the school has grown from 135 students to 247 students. RMS has outgrown its current site and is seeking to develop a school that can accommodate up to 350 students on the subject property. RMS has been searching for a new site, in or near the town of Carbondale, for several years. Finding available land to 402 PARK DRIVE • GLENWOOD SPRINGS + COLORADO + 81 601 (P) 970.945.0832 + (F) 970.945.0833 +E-MAIL: TGMALLOY@SOPRIS.NET Ross Montessori School/AEE PUD Amendment and Rezoning Application April 12, 2013 15 meet the school's requirements (adequate acreage, in or near Carbondale, affordable, etc.) has been a major challenge, but the subject property provides an exciting opportunity for RMS to realize its vision for a safe and sustainable Montessori school for the future. 4. The proposed rezoning is in general conformance with the Comprehensive Plan and in compliance with any applicable Intergovernmental Agreement. Response: There are no intergovernmental agreements that are applicable to the proposed rezoning. The subject property is located near the southwest corner of the intersection of Highway 82 and CR loo. The Future Land Use Map in the Comprehensive Plan 2030 (Comp Plan) identifies the Equestrian Lot as Residential MH (2 to <6 Ac/Du). The Comp Plan also identifies the southwest corner of the Highway 82/CR 100 intersection as appropriate for a Neighborhood Center. The Residential MH designation is intended for small farms, estates, and clustered residential subdivisions. Project or property -specific densities are intended to be determined by an evaluation of the degree of clustering and the amount of land preserved in open space. The land use tables in the Comp Plan identify Rural zoning as one of two compatible zone districts for the Residential MH land use designation. The Neighborhood Center designation is intended for mixed-use centers providing commercial uses to serve the surrounding rural population. Small concentrations of residential development are also contemplated in, or near, areas designated as Neighborhood Centers. Chapter 2 of the Comp Pian recommends that most new growth should occur in areas that have, or can easily be served by, urban services. As has been discussed previously, the Equestrian Lot has access to water and sewer service and adequate capacity exists to serve the theoretical development potential under the Rural zone district. All other utilities are also available to the property. General conformance with the Comp Plan was also addressed in relation to the planned K through 8 school as part of the location and extents review that was conducted last fall. The findings of the L&E review are provided in Exhibit 3. 5. The proposed rezoning addresses errors in the original zone district map. Response: Not applicable. 402 PARK DRIVE • GLENWOOD SPRINGS • COLORADO • 81 601 (P) 970.945.0832 • (F) 970.945.0833 •E-MAIL: TGMALLOY@SOPRIS.NET Ross Montessori School/AEE PUD Amendment and Rezoning Application April 12, 2013 SUMMARY 16 The information contained in this application addresses the requirements and applicable criteria, as described in Sections 4-112(C) and 6-202 of the Garfield County Unified Land Use Resolution (ULUR), for the requested PUD amendment and rezoning. Therefore, we respectfully request approval of the requested PUD amendment and rezoning. The rezoning will require that the County's Official Zoning Map be revised to show all but the Equestrian Lot of the Aspen Equestrian Estates Subdivision as PUD, leaving the Equestrian Lot in the Rural zone district. Sincerely, Tim Malloy Principal, TG Malloy Consulting LLC Attachments 402 PARK DRIVE • GLENWOOD SPRINGS • COLORADO • 81 601 (P) 970.945.0832 • (F) 970.945.0833 'E-MAIL: TGMALLOY@SOPRIS.NET Garfield County 1 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com TYPE OF APPLICATION ❑ Administrative Review ❑ Limited Impact Review ❑ Major Impact Review ❑ Amendments to an Approved LUCP ❑ LIR ['MIR ❑ SUP ❑ Minor Temporary Housing Facility ❑ Vacation of a County Road/Public ROW ❑ Pipeline Development ❑ Comprehensive Plan Amendment 0 Major 0 Minor LAND USE CHANGE PERMIT , APPLICATION FORM ❑ Location and Extent Review ❑ Development in 100 -Year Floodplain ❑ Designation of Flood Fringe/Floodway 13 Rezoning ❑■ Zone District El PUD E PUD Amendment ❑ ULUR Text Amendment ❑ Appeal of Administrative Interpretation ❑ 1041 Regulations ❑ Variance INVOLVED PARTIES Owner/Applicant Name: Ross Montessori SchooliTrend Investments, LLC Phone: ( 970 ) 963-7342 Mailing Address: 407 Merrill Avenue City: Carbondale State: CO Zip Code: 81623 E-mail: shelly@aichemyavcs.com (Shelly Sheppick, RMS Board President) Representative (Authorization Required) Name: Tim Malloy Phone: ( 970 ) 945-0832 Mailing Address: 402 Park Drive City: Glenwood Springs State: CO Zip Code: 81601 E-mail: tgmalloy@sopris.net PROJECT NAME AND LOCATION Project Name: Aspen Equestrian Estates, Equestrian Lot PUD Amendment & Rezoning Assessor's Parcel Number: 2391 _ 312 _ 17 048 Physical/Street Address: 3275 County Road 100, Carbondale, CO 81623 Legal Description: Aspen Equestrian Estates Subdivision, Equestrian Lot Zone District: PUD Open Space, PUD Equestrian Ctr. Property Size (acres): 15.21 acres Existing Use: etweathal taciFaea, conirrt cild hast warding 8701,-43inng xiln rldNB Arens Proposed Use From Use Table 3-503): Edurationai Faaaity Description of Project: See pegR 2 of ppoication text. Submission Requirements 0 The Applicant requesting a waiver of Submission Requirements per Section 4-202, List: Section: Section: Section: Section: 1 Waiver of Standards 1 0 The Applicant is requesting a Waiver of Standards per Section 4-117. List: Section: Section: SectionSection: I have read the statements Above and have provided the required attached information which is correct and accurate to the best of my knowledge. Date Fife Number: — w !'1-1F- _` c'1 1 = i i : Fee Paid: $ T TF>1•y:3Ei3TET : o.I- From: ID: 9 7O945Ci8 , CCMCA-C.faf1-I !r- 1 1..7 n.n F,•_,e : OU_ R=SS':