Loading...
HomeMy WebLinkAbout3.0 BOCC Staff Report 10.06.2003Exhibits for BOCC 10/06/03 Proof of Pnhliration C Garfield County Zoning Regulations of 1978, as amended \ Garfield County Comprehensive Plan of 2000 Staff Memorandum Letter from Applicant dated 6/25/2003 Resolution 96-34 Email from the Glenwood Springs Fire Department dated 9/03/03 1.rD , 0o) 4 mo fk,1 p<< k 741 fr sob -1/ 7Z 7U , REQUEST: BOCC 10/06/03 FJ PROJECT INFORMATION AND STAFF COMMENTS Amend the text of the Los Amigos Ranch PUD (Phasing Plan) Elk Springs, LLC Balcomb & Green APPLICANT: LEGAL COUNSEL: LOCATION: SITE DATA: WATER: SEWER: ACCESS: ZONING: A parcel of land located in portions of Sections 35 and 36, T6S, R89W; portions of Sections 31, 32, and 33 of T6S and R88W of the 6th P.M.: more practically located approximately 2 miles southeast of Glenwood Springs off of CR 114. 1,703.058 acres Central Water ISDS / Central System CR 114 PUD I. BACKGROUND The Los Amigos Ranch PUD is a multi -phase project located west of Highway 82 on and along County Road 114. Elk Springs, LLC is the current owner of all unsold lots of the Los Amigos Ranch PUD. All of the development has been platted as scheduled except the Lower Valley area which is approved for single-family / high density approved for 80 units across and below CR 114. The approved phasing plan required the Applicants to submit the preliminary plan for this phase by December 31, 2002. The Applicants did not accomplish this requirement. Garfield County required that all of Los Amigos Ranch PUD have a central sewer system so the Applicant approached Spring Valley Sanitation District to be included in their service plan. The plant has now been constructed. Elk Springs, current owner of Los Amigos Ranch, participated with other developers to make the sewer system available for this Lower Valley area. Since the Applicant overlooked the deadline, Staff recommended that they come in for an amendment to the PUD. 1 II. REQUEST The Applicant requests approval to amend the text of the approved phasing schedule of the Los Amigos PUD approved via Resolution 96-34 which would extend the deadline for submitting Phase Designation (preliminary plan) 3 from December 31, 2002 to December 31, 2005 (a three year extension). The Applicant does not propose to also extend the completion deadline of December 31, 2010. This phase designation 3 is described as the 80 high-density single-family lots in the Lower Valley of the Los Amigos Ranch PUD. Staff has provided the approved PUD phasing plan on the following page. The Applicant submitted a letter requesting the amendment. (Exhibit C). The request was referred to the Planning Commission on September 10, 2003 who unanimously recommended the Board of County Commissioners approve this request. III. REVIEW AGENCY/PUBLIC COMMENTS A. Town of Carbondale: No comments were received. B. City of Glenwood Springs: No comments were received. C. Spring Valley Sanitation District: No comments were received. D. Glenwood Springs Fire Department: The District stated they had no objections to the requested amendment. (Exhibit F) IV. PUD PHASING PLAN APPROVED IN RESOLUTION 96-34 Phase Designation (1'reliminea�y, Plan) Phase Dr s� ;nation (Final Plat) Description of Phase Commencement Date Completion of Development (per Subdivision Improvement Agreement) (Submission of Preliminary Plan) 1 A Approx 38 lots on Road A and (1) lot adjacent to Filing 2 December 31, 1996 December 31, 1999 2 B Approx 45 lots on road A near water tank and on Road B December 31, 1999 December 31, 2002 2 C Approx 45 lots through second draw, Road D December 31, 1999 December 31, 2005 2 D Approx 40 lots through third draw, Road E December 31, 1999 December 31, 2008 2 E Remainder single family lots, rural residential lots and neighborhood commercial December 31, 1999 December 31, 2010 ''.3. F 80 high density single-family lots in Lower Valley December 31, 2002 December 31, 2010 V. STAFF COMMENTS Section 4.12.03 of the Garfield County Zoning Resolution identifies the criteria by which the Board of County Commissioners may allow for the modification of a PUD plan. Specifically, it states, all those provisions of the Plan authorized to be enforced by the County may be modified, removed or released by the County, subject to the following (these criteria are listed below in bold italics followed by a response): 2 (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 Response The present request is to change the approved phasing schedule in the PUD extending the deadline for submitting the preliminary plan application for that portion of Los Amigos Ranch PUD known as the "Lower Valley." No part of the Lower Valley has been developed to this date. The Lower Valley is across County Road 114 and topographically lower than the remainder of the PUD. The application does not request any change in land use or location of common open space for any portion of the PUD. The request therefore should not affect rights of owners or residents to maintain and enforce their rights at law or equity. This standard is met. (2) No substantial modifications, removal or release of the provisions of the Plan by the County shall be permitted except upon a finding by the County, following a public hearing called and held in accordance with the provisions of Section 24-67-104. C.R.S., that the modification, removal or release is consistent with the efficient development and preservation of the entire PUD 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. Response The request to extend the deadline for submittal of the preliminary plan for the Lower Valley is justified because the applicant has diligently participated in the construction of an expansion of the Spring Valley Sanitation District Wastewater Treatment Plant which was necessary to provide wastewater treatment service to development in the Lower Valley. The applicant has consistently demonstrated its intent to develop the Lower Valley as provided in the PUD. The application requests only an extension of the time to submit a preliminary plan application for the Lower Valley; the Applicant does not request to extend the completion date for development. As such, the requested zone text amendment is consistent with the efficient development and preservation of the entire PUD, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across the street from the PUD, or the public interest, and is not granted solely to confer a special benefit upon any person. This standard is met. (3) If time-share or fractional ownership units or other similar interest in property are proposed after PUD zoning is granted by the Board of County Commissioners, an application for such designation shall contain unanimous approval of all owners of real property within the PUD. Response No fractional ownership is currently allowed within the PUD or proposed by the application. This standard is met. 3 VI. SUGGESTED FINDINGS TO THE BOARD OF COUNTY COMMISSIONERS 1. That the meeting before the County Planning Commission and the public hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard. 2. That the proposed PUD Amendment can be determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 3. That the application has met the requirements of the Garfield County Zoning Resolution of 1978, as amended, specifically Sections 4.12.03. VII. RECOMMENDATION The Planning Commission recommends the Board of County Commissioners approve the proposed text amendment of the Los Amigos Ranch PUD. 4 JOHN A. THULSON EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. GEIGER ANNE MARIE CALLAHAN AMANDA N. MAURER DEBORAH DAVIS* DAVID P. JONES • ALSO ADMITTED TO PRACTICE IN NEW YORK AND MISSOURI BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. 0. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 VIA HAND DELIVERY TO: Telephone: 970.945.6546 Facsimile: 970.945.9769 www.balcombgreen.com June 25, 2003 Mark Bean, Planning Director Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Re: Application to Amend Los Amigos Ranch PUD Dear Mark: EXHIBIT OF COUNSEL: KENNETH BALCOMB We are writing on behalf of Elk Springs, LLC (the "Applicant"), formerly known as Los Amigos Ranch Partnership, the developer of Los Amigos Ranch PUD (the "PUD") and the owner of all of the unsold lots and unplatted lands within the PUD. As you may recall, Resolution No. 96-34 of the Board of County Commissioners of Garfield County, copy enclosed, sets forth the operative zoning approval for the PUD. Paragraph 21 of Resolution No. 96-34 sets forth the approved phasing schedule for the PUD.' By this letter, the Applicant is requesting the following modification to paragraph 21 of Resolution No. 96-34: 1. That the Commencement Date (Submission of Preliminary Plan) for Phase Designation (Preliminary Plan) 3 be changed from December 31, 2002 to December 31, 2005. 1 You will recall that portions of the phasing schedule set forth in Resolution No. 96-34 were amended by Resolution No. 98-30, "A Resolution Concerned with the Approval of a Preliminary Plan for the Los Amigos Ranch, Filings 6 - 10 Subdivision." The approved change was to require that a final plat for the first development phase approved in such preliminary plan was submitted within one year of the preliminary plan approval as required by Section 4:34 of the Garfield County Subdivision Regulations. This deadline was met by the County's approval of the Final Plat for Los Amigos Ranch Filing No. 6 and the recording of that Final Plat on February 7, 2001 as Reception No. 575830. The remainder of the phasing schedule deadlin oct No. 96-34 were not modified by Resolution No. 98-30. JUN 2 5 2003 GARFIELD COUNTY BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Mark Bean, Planning Directors June 25, 2003 Page 2 We submit that the phasing schedule amendment requested by this Application is an amendment to the text of an approved PUD resolution which does not affect the shape, boundaries or area of any district within the PUD, and is therefore a "text amendment" under Section 10.01.01 of the Garfield County Zoning Resolution of 1978, and should be processed as such. Pursuant to Section 10.03 of the Garfield County Zoning Resolution, we submit the following reasons to support the requested amendment: 1. To this date, the Applicant has diligently developed the PUD in accordance with the approved phasing schedule set out in paragraph 21 of Resolution No. 96-34 as modified by Resolution No. 98-30. The Applicant obtained preliminary plan approval for Preliminary Plan Phase Designation 2 in accordance with the approved phasing schedule, and thereafter completed the development of Los Amigos Ranch, Filing No. 6 (which equates to Phase Designation (Final Plat) B) in accordance with the phasing schedule. Therefore, the Applicant has consistently evidenced its intent to fully develop the PUD as approved by Resolution No. 96-34. 2. By this request, the Applicant is asking that the deadline to submit the preliminary plan for Phase Designation (Preliminary Plan) 3 (also described as Phase Designation (Final Plat) F) in Resolution No. 96-34 be extended until December 31, 2005. This area of the PUD is described as 80 high density single-family lots in the Lower Valley ("Lower Valley"). No extension of the completion deadline for the Lower Valley is requested. We submit that this request is justified because of the unforeseen complexities in arranging for wastewater treatment service for the Lower Valley. It is our experience that within the last two or so years, Garfield County has interpreted its subdivision regulations to require an applicant to be well along in the planning and permitting of all aspects of its proposed wastewater treatment system at the time of preliminary plan. Thus, under this interpretation, an application to approve a preliminary plan for the Lower Valley would not have been successful until all provisions for providing wastewater treatment service to the Lower Valley were in place. Commencing in approximately early fall of 1998 the Applicant commenced negotiations with the Spring Valley Sanitation District and other property owners within Spring Valley for the funding and construction of an expanded wastewater treatment facility, to be owned and operated by the Spring Valley Sanitation District, to provide wastewater treatment services to a large area of Spring Valley and the Lower Valley. These negotiations lasted well over a year and culminated in the execution of that certain Pre -Inclusion and Wastewater Treatment Plan Development Agreement dated December 15, 1999. Pursuant to that Agreement, the Spring Valley Sanitation District has now completed the construction of an expanded wastewater treatment facility which became operational in October, 2002. Under that Agreement, the Applicant paid approximately $1.1 Million of the construction costs of the plant, or approximately 25% of the total construction costs. In BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Mark Bean, Planning Directors June 25, 2003 Page 3 exchange for this payment, the Applicant has reserved 270 EQR's of treatment capacity from the expanded wastewater treatment plant, 80 of which are allocated for the development of the Lower Valley. Under these facts, wastewater treatment service for the Lower Valley is in place, and an application for preliminary plan approval relying on this wastewater treatment service would now be appropriate. Given the uncertain economic conditions at this time, the Applicant is requesting an extension of time until December 31, 2005 to submit its preliminary plan application for the Lower Valley. Because the Applicant is not requesting any extension of the completion date for development of the Lower Valley, the entire PUD will be completed within 15 years of the PUD approval which is within the time frame allowed for the development of projects of this size as set forth in Section 4:34 of the Subdivision Regulations. Pursuant to our telephone conversation of June 23, 2003, regarding this matter, we have also enclosed our check in the amount of $300.00 which we understand to be the application fee for processing a text amendment. We look forward to working with you to process this application. Very truly yours, BALCOMB & GREEN, P.C. LRG/bc Encls. xc: Greg Boecker (w/out encls.) Lawrence R. Green IA 494584 B-982 P-103 06/18/96 10:34A PG 1 OF 14 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00 STALE OF COLORADO ) COUNTY OF GARFTFLD ) EXHIBIT a At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Courthouse in Glenwood Springs on Monday , the 17 t tday of June 1996, there were present: Marian I. Smith, Commissioner/Chairman Arnold L. Mackley, Commissioner Elmer (Bucky) Arbaney, Commissioner Don D. DeFord, County Attorney Mildred Alsdorf, Clerk to the Board The following proceedings, among others, were had and done, to -wit: RESOLUTION NO. 96- 34 A RESOLUTION CONCERNING APPROVAL OF THE LOS AMIGOS RANCH PARTNERSHIP APPLICATION FOR AMENDMENT TO THE LOS AMIGOS RANCH PLANNED UNIT DEVELOPMENT ZONE TEXT, PUD PLAN ASND DEVELOPMENT PLAN WHEREAS, the Los Amigos Ranch Partnership (Hereinafter sometimes "Applicant") is the owner of a parcel of land located in Garfield County, Colorado which pursuant to Board of County Commissioner Resolution No. 81-358 is presently zoned as a planned unit development. WHEREAS, the Los Amigos Ranch Partnership has filed an Application with the Board of County Conuiussioners of Garfield County, Colorado, for approval of amendment to the Los Amigos Ranch Planned Unit Development Zone Text and Planned Unit Development Plan (Hereinafter sometimes, "Application"); WHEREAS, the Board of County Commissioners has now considered that Application. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF GARF ELD COUNTY, COLORADO, that based upon the evidence, sworn testimony, exhibits, study of the comprehensive plan for the unincorporated areas of Garfield County, comments from Garfield County Department of Regulatory Offices and Personnel, and the Garfield County Planning Commission and comments from all interested parties, this Board enters the following findings and conclusions: 494584 B-982 P-104 06/18/96 10:34A PG 2 OF 14 FINDINGS 1. Applicant's application was filed with the Regulatory Offices and Personnel Department of Garfield County on February 12, 1996, and referred to the Planning Commission on February 26, 1996. 2. The Garfield County Planning Commission reviewed the Application and recommended approval of the Application under certain conditions on March 13, 1996. 3. The Board of County Commissioners established a date for public hearing on the Application for PUD plan and text amendment and the vesting of the development rights per §24- 68-103, C.R.S., as amended, which commenced on April 15, 1996 at 5 o'clock p.m. and was thereafter properly continued to May 6, 1996 at 12 o'clock p.m. and May 20, 1996 at 2 o'clock. 4. Pursuant to evidence produced at the public hearing on this Application, the Board FINDS: (a) The property owners adjacent to the property that is the subject of this Application received notification of the date, time and location of the above -referenced public hearing by certified mail, sent at least fifteen (15) days prior to the commencement of the hearing; (b) Notification of the public hearing was published in a newspaper of general circulation at least thirty (30) days prior to the commencement of the hearing; (c) The substance of the mailed and published notification substantially informed interested parties of the subject matter and location of the requested modification to existing zoning and PUD plan; (d) The Board of County Commissioners has jurisdiction to conduct the public hearing on the Application and render a decision thereon. (e) The requested modifications to the PUD plan are consistent with the efficient development and preservation of the entire PUD, do 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 are not granted solely to confer a special benefit upon any person, 5. The hearing before the Board was extensive and complete, all pertinent facts, matters and issues were submitter) and all interested parties were heard at the hearing. 2 494584 B-982 P-105 06/18/96 10:34A PG 3 OF 14 6, Pursuant to §4.02 of the Garfield County Zoning Resolution of 1978, as amended: (a) The PUD will provide necessary commercial and recreational facilities conveniently located to housing; (b) The PUD zone district text and map direct the dwelling type, density, and open space in a manner consistent with existing zoning laws; (c) The PUD provides a variety of housing types and a layout allowing for open space ancillary to the building; (d) The PUD will provide for the transfer of ownership and control of the water distribution systems, water and water rights to the Los Amigos Ranch Homeowners Association, Inc.. (e) The PUD will provide for the payment of a road impact fee sufficient to offset the traffic burdens imposed instant to the development. (f) The PUD developed to its full extent will result in an increased assessed valuation of the property; (g) The PUD process was used to develop a plan which preserves the site's agricultural land and maintains the scenic quality of those portions of the site exposed to public view; (h) The PUD will be developed in phased preliminary plan and final plat applications submitted in accordance with the phasing schedule set forth herein at paragraph 17 of the conditions of approval. 7. The PUD as conditioned herein and in accordance with §4.04 of the Garfield County Zoning Resolution of 1978, as amended, and §24-67-105(1), C,R.S., as amended, is in general conformity with the Garfield County Comprehensive Plan. 8. Pursuant to §4,07.01 of the Garfield County Zoning Resolution of 1978, as amended, the Board of County Commissioners herein find that subject to strict compliance with the conditions set forth herein, the Los Amigos Ranch Planned Unit Development will meet the standards and requirements of §4.00, Leg. of that Zoning Resolution. 3 494584 B-982 P-106 06/18/96 10:34A PG 4 OF 14 9. Subject to the conditions set forth herein, the PUD meets the requirements of §4.07.03 of the Garfield County Zoning Resolution of 1978, as amended, as follows: (a) The PUD has an appropriate relationship to the surrounding area and all unreasonable adverse effects on the surrounding area are minimized. (b) The PUD provides internal streets that are adequate for the traffic generated and which provide adequate access for police and fire protection, safety, convenience and separation from living areas. (c) The PUD provides adequate parking for all proposed uses; (d) The PUD provides common open space that is adequate for the usage of its residents and which preserves both the natural features of the terrain and most productive agricultural lands within the property. (e) The PUD provides for a variety of housing types and the commercial facilities necessary for the enjoyment of the development; (f) The PUD through lot sizing, building set backs and architectural control provides adequate privacy between the dwelling units. (g) The PUD will allow clustering of development in some areas permitting the creation of additional open space. 10. The overall density of the development under the terms and conditions set forth herein and pursuant to the provisions of §4.07.06 of the Garfield County Zoning Resolution of 1978, as amended, will be no greater than four (4) dwelling units per acre. 11. The PUD exceeds the minimum number of acres required for PUD size. 12. More than 25% of the PUD is devoted to common open space. 13. Under the terms and conditions set forth herein and pursuant to the PUD Development Plan, the PUD demonstrates the location and total acreage for each proposed use, together with the limitations on lot size and total density within each use. 14. Subject to the conditions set forth below all uses by right, conditional uses, minimum lot areas, minimum lot coverage, minimum set -backs, maximum height of buildings and all other use and occupancy restrictions applicable to this PUD are hereby approved by the Board of County Commissioners as set forth in the zone text attached hereto and incorporated herein as Exhibit A. 4 494584 B-982 P-107 06/18/96 10:34A PG 5 OF 14 15. Pursuant to the provisions of §4.08.05 the Garfield County Zoning Resolution of 1978, as amended, the Applicant included in its written request for PUD rezoning all of the following: (a) A statement of ownership interest and written consent of the property owners; (b) a proposed plan indicating the maximum number of dwelling units, the minimum acreage, dedicated open space, type of proposed uses and acreage devoted -to uses, proposed major internal circulation system, the acreage dedicated to school sites or payment in lieu thereof, the general location of commercial sites within the PUD, the manner in which provision for water, sewer, telephone, electric and gas would exist and other necessary restrictions sought by the Applicant; (c) a regional location map showing the location of the proposed PUD in relationship to connecting roads and other public facilities; (d) a site map indicating the boundaries of the PUD, its acreage, existing structures and existing zoning; (e) (f) a site topographic map with 5 -foot intervals; a legal description of the area included within the PUD; (g) a written application setting forth the objectives to be achieved by the PUD, a development schedule, which as modified below sets forth the beginning and completion dates for construction, copies of covenants, conditions and restrictions, which have now been amplified as set forth herein, a list of property owners within 300 feet of the boundaries of the PUD, statement by a licensed engineer that provided information concerning the proposed source of water to the PUD, a proposed method of sewage treatment, and a general manner in which provision would be made for potential natural hazards, including landslide areas, all of which are subject to the conditions set forth herein. 16. The PUD, subject to the conditions set forth herein, will be designed with the consideration of the natural environment of the site and surrounding area, and will not unreasonably destroy or displace wildlife, natural vegetation or unique features of the site. 17. Subject to the provisions of §4.08.06 of the Garfield County Zoning Resolution of 1978, as amended, the Board of County Commissioners find that no portion of the PUD conditionally approved herein may be occupied until appropriate final plats have been approved by this Board. 5 494584 B-982 P-108 06/18/96 10:34A PG 6 OF 14 CONDITIONS OF APPROVAL The foregoing Findings are specifically entered subject to the adoption of and strict compliance with the conditions set forth below. Such conditions are a result of consideration of all evidence, including public comment. ROAD IMPACTS 1. Applicant 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 114 and Los Amigos Drive, which is the main entry road into Los Amigos Ranch PUD. As further conditions under this commitment, Applicant shall: (A) Obtain all required approvals from the County to vacate and relocate those portions of the County Road 114 right of way necessary for construction of the above left-hand tum lane, which approvals will not be unreasonably withheld by the County. (B) Complete construction of the above referenced left -turn lane shall be completed by 9/1/97 or within the next construction season following completion of legal proceedings 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 approval, a fee shall be paid to the County in such an amount as shall be established by the Board pursuant to a road impact analysis to be accepted by the County at the time of each Preliminary Plan approval. Such fee shall be assessed as a per unit road impact fee based upon the estimated cost of two lane improvements to County Road 114 from its intersection with the highway frontage road adjacent to Highway 82 to its intersection with the entry road to Auburn Ridge 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, shall be incorporated into all future analyses used by the County in quantifying road impact fees in the County Road 114 corridor, Payment of said road impact fees, shall be expressly conditioned upon the assessment by the County, at the time of Final Plat, of proportionately equal road impact fees upon all subsequently developed properties accessed in whole or part by County Road 114. 3. Paragraphs 1 and 2 set forth the full and complete obligation of the Applicant with respect to improvements to County Road 114 for the complete development of Los Amigos Ranch PUD as herein approved. 6 494584 B-982 P-109 06/18/96 10:34A PG 7 OF 14 DEDICATION OF ROADS 4. All roads contained within the Los Amigos Ranch PUD shall be dedicated to the homeowner's associations which will utilize the same for access to its properties and upon dedication, the respective homeowner's association shall thereafter be responsible for the maintenance and care thereof. Applicant shall submit a plan to the County prior to Preliminary Plan approval to privatize the roads within the Los Amigos Ranch PUD which are presently dedicated to the Public use and the approvals sought herein by Applicant shall not unreasonably be withheld by the County. WASTEWATER 5. The (44) lots along "Road A" (Los Amigos Drive to the water tank) which could potentially drain into the Spring Valley Aquifer, all lots along Los Amigos Drive that currently lie within the Spring Valley Sanitation District, all lots depicted upon the PUD Plan as "High Density" single family lots, and all lots depicted upon the PUD Plan as "Multi -Family" units shall be serviced by central sewer provided by the Spring Valley Sanitation District. Given the economic inefficiencies and impracticalities associated with extending and maintaining central sewer service to the remaining westerly single family lots in the PUD, Applicant shall be allowed to service said remaining lots with individual sewage disposal systems (ISDS), subject to the following conditions: (A) Applicant shall provide to the Board all information needed by the Board to review the environmental and health impacts presented by ISDS service, which shall also be forwarded to the Colorado Department of Health, Water Quality Control Division for their review and recommendation. (B) The Board finds that the Colorado Department of Health has made a favorable recommendation regarding the proposed method of sewage disposal as required by C.R.S. 30-28-136(1)(g). WATER SUPPLY 6. In connection with each preliminary plat, the Applicant shall provide evidence that there shall be available adequate water quantity and quality to serve the reasonably foreseeable needs of the development within such preliminary plat. 7. In connection with the next succeeding preliminary plat for the Los Amigos Ranch PUD, the Applicant shall set forth the proposed method for transferring legal ownership and control of the water distribution facilities, water and water rights sufficient in quantity to service the approved units (hereinafter collectively Water Distribution System) to the Los 7 494584 B-982 P-110 06/18/96 10:34A PG 8 OF 14 Amigos Ranch Homeowners Association, Inc. It is agreed that as a term and condition of such method of transfer, the Applicant shall retain the right to charge a water tap fee to initial purchasers of lots that will receive water from the Water Distribution System; provided, however, that such water tap fee on a per EQR basis, shall not exceed the Applicant's per EQR cost (plus interest thereon) of constructing and installing the Water Distribution System, including the cost of over sizing any elements of the Water Distribution System as may be required to serve areas zoned multi -family or commercial . Upon the request of the -County, the Applicant shall provide the County with evidence of the actual costs incurred by Applicant in constructing and installing the facilities of the Water Distribution System. UTILITTF S 8. At the time of the applicable Preliminary Plan submittal, the applicant will submit to the County a detailed Utility Plan that indicates the easement size and location for gas, electric, and telephone. Wastewater and water treatment facilities, and drainage/erosion control systems shall include line and facility sizing, in addition to the size and location of easements. WILDLIFE IMPACTS, OPEN SPACE AIR QUALITY 9. One dog will be allowed for each residential unit. This requirement will be included in the protective covenants, and will be enforced by the applicable homeowner's association. 10. Common open space areas shall be dedicated by the Applicant to the Los Amigos Ranch Homeowner's Association in an amount that maintains a 50:50 ratio or greater, dedicated open space to developed land. The dedication of open space shall coincide with the approval of the applicable final plat. 11. No open hearth solid -fuel fireplaces will be allowed. 12. Dwelling units will be allowed an unrestricted number of natural gas -burning fireplaces or appliances. 13. Dwelling units will be allowed one (1) new wood -burning stove as defined by C.R.S. § 25-7-401, et. seq, and the regulations promulgated thereunder. 8 494584 B-982 P-111 06/18/96 10:34A PG 9 OF 14 PLAT NO I'ES 14, The following plat notes shall be included on all Final Plats. (a) Prior to the issuance of a building permit, the owner of each lot shall prepare and submit a soils and foundation report, a grading and drainage plan, and a geologically acceptable building site prepared and certified by a professional engineer. All improvements shall be constructed in accordance with such engineering recommendations, which shall be a condition of Los Amigos Ranch Architectural Control Committee approval and the building permit. (B) The owner of each lot utilizing an individual sewage disposal system (ISDS) shall obtain site specific percolation tests to determine whether a standard septic system is acceptable or an engineered system is appropriate or required. Each ISDS shall be designed to minimize tree removal and changes to the natural contours of the land. (C) The recommendations of the Colorado State Forester and the Fire Chief as set forth in the Supplemental Declarations dated September 28, 1992 gt seq. shall be followed in the construction of all structures. (D) All lots designated to lie within the Spring Valley Sanitation District shall obtain central sewer service pursuant to agreement with the District. (E) (F) Open hearth solid -fuel burning fireplaces are not allowed. Each dwelling unit is allowed one dog. HOMEOWNERS' ASSOCIATION AND COVENANTS 15. Applicant has heretofore created the Los Amigos Ranch Homeowners Association, Inc, a Colorado non-profit corporation and by authority of the AMENDED AND RESTAl'ED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LOS AMIGOS RANCH PLANNED UNIT DEVELOPMENT, filed in the Office of the Garfield County Clerk and Recorder at Reception No. 421306, Book 799, Page 48, charged the association with certain duties and responsibilities including, but not limited to, the enforcement of said covenants, conditions and restrictions and the maintenance of common open space within subdivided lands of the Los Amigos Ranch PUD. 9 494584 B-982 P-112 06/18/96 10:34A PG 10 OF 14 16. Applicant shall, at approval of final plat, pursuant to the procedures set forth at ARTICLE VI, Paragraph 6,2 of the Amended Declaration above identified, "annex" the properties, contained within future filings of the PUD, specifically excepting therefrom all properties identified in the PUD Plan as "High Density Single Family" lots, "Multi -Family" units, and `Neighborhood Commercial" and "Multi -Family Open Space". 17. Applicant shall cause to be formed at the time of applicable final plat approval, a separate homeowner's association for the above identified "High Density Single Family" property. Coincident therewith, lands within the property designated "High Density Single Family" shall be dedicated by Applicant as common open space to the "High Density Single Family" homeowner's association, above formed, for the separate use and/or enjoyment of the members of said association. The land dedicated as common open space pursuant to this paragraph shall equal or exceed in amount of total acreage, 25% of the "High Density Single Family" property. 18. Applicant shall convey to the owners of the "Multi -Family" properties, at least 10 acres of common open space, which shall constitute at least 25% of the "Multi -Family" properties, for the use and/or benefit of the residents, occupants and owners of said "Multi - Family" properties. Applicant shall transfer such common open space land prior to approval of the next Final Plat filed in the Los Amigos Ranch PUD and same shall be designated upon said Final Plat as "Multi -Family 0.S.". Upon acceptance of said conveyance , Applicant shall have no further responsibility for the property conveyed and/or maintenance thereof. 19. Applicant shall incorporate in the Supplemental Declaration filed pursuant to Paragraph 16. and the additional protective covenants, conditions and restrictions required under paragraph 17. above, such additional covenants, conditions and restrictions as are required to achieve the purposes and satisfy the conditions established in this resolution. School Impact. 20. Applicant shall, in lieu of the payment of an impact fee, dedicate to the RE -1 School District at the filing of the next final plat , that parcel of land identified upon the PUD Plan as the "School Site Parcel". The dedication of this property expressly satisfies all obligations of Applicant at time of future subdivision for the dedication of real property, payment of fees in lieu of property dedication and/or payment of school fees. 10 494584 B-982 P-113 06/18/96 10:34A PG 11 OF 14 Phasing. 21. Applicant shall be entitled to develop the Los Amigos Ranch PUD pursuant to the Preliminary Plat and Final Plat phases set forth below: Phase Phase Description of Phase Commencement Date Completion of Designation Designation (Submission of Development Per (Preliminary (Final Plat) Preliminary_ Plan) Subdivision Improvement Plan) Agreement 1 A Approximately 38 December 31, 1996 December 31, 1999 lots on Road A and (1) lot adjacent to Filing 2 2 B Approximately 45 December 31, 1999 December 31, 2002 lots on Road A near water tank and on ��i 1 Road B 2 �i` `\ C Approximately 45 December 31, 1999 December 31, 2005 lots through second 4 draw, Road D 2 'SCI \,�D Approximately 40 December 31, 1999 December 31, 2008 lots through third \ �i draw, Road E 2 Y,�'' Remaining single December 31, 1999 December 31, 2010 family lots, rural residential lots and neighborhood commercial 3 F 80 high density December 31, 2002 December 31, 2010 single family lots in lower valley 22. It is specifically agreed that Los Amigos Ranch may receive separate Preliminary Plat approval for those portions of the PUD contained within the (3) phases above designated. Applicant shall obtain Preliminary Plat approval for Phase 1 prior to applying for Preliminary Plat approval for Phase 2. Preliminary Plat approval for Phase 3 shall not be conditioned upon Applicant having received prior Preliminary Plat approval for either Phase 1 or Phase 11 494584 'B-982 P-114 06/18/96 10:34A PG 12 OF 14 23. The final plat phasing schedule set forth above establishes maximum time periods, and does not in any manner preclude or limit Applicant from accelerating its construction schedule, which may be done by individual subdivision improvement agreement. PUD Zone District Text. 24. Subject to the conditions set forth herein, the Board herein adopts and approves both the District Text and Planned Unit Development Plan attached as exhibits hereto. Vested Rights. 25. As a condition of approval and by agreement with the Los Amigos Ranch Partnership, the Board of County Commissioners herein adopts a development agreement pursuant to the provisions of §24-68-104(2), C.R.S., as amended, providing that property rights shall vest commencing with the final conditional approval of the Los Amigos Ranch PUD extending to December 31, 2010. With this approval, the Board of County Commissioners recognizes that this conditionally approved planned unit development, in its final conditional approval form, is a site specific development plan as set forth in §24-68-102(4), C.R.S., as amended. Therefore, during the time period set forth herein, the Applicant shall enjoy all of the vested rights set forth for such a development plan in §24-68-101, et seq., C.R.S., as amended. 26. Pursuant to the provisions of §24-68-103(1), C.R.S., as amended, the Board. of County Commissioners herein conditions grant of the vested right set forth above upon all of the conditions of approval set forth in this conditional PUD approval. Such conditions specifically include, but are not limited to, strict compliance with the phasing plan set forth in paragraphs 30-33 above. Failure of the Applicant to comply with any element of that phasing plan or any of the conditions set forth in this Resolution, will subject the Applicant to forfeiture of vested rights, as such forfeiture is set forth in §24-68-103(1), C.R.S., as amended. 27. In order to effectuate the conditions set forth under subtitle "Vested Rights", the Applicant shall be required to execute a development agreement coincidental with the conditional approval of Los Amigos Ranch PUD herein and pursuant to § 24-68-103(1) C.R.S., within (14) days of said approval, cause to be published in a newspaper of general circulation, a notice advising the general public of the site specific development plan approval and creation of vested property rights. 12 494584 B-982 P-115 06/18/96 10:34A PG 13 OF 14 General. 28. All representations of the Applicant, that are within the Application or stated at the public hearings before the Planning Commission and the Board of County Commissioners, shall be considered conditions of approval to the extent that such representations are not inconsistent with the conditions of approval set forth herein. The extent of any inconsistency between the conditions of approval set forth in this Resolution and the statements and representations of the Applicant, the conditions of approval set forth herein shall control. CONDITIONAL APPROVAL Pursuant to the foregoing findings and conditions, the Board of County Commissioners of Garfield County, Colorado, herein approves the amendment to PUD zone text and PUD plan requested herein by the Los Amigos Ranch Partnership subject to strict compliance with the terms and conditions set forth herein. Additionally, through this approval the Board herein adopts the PUD development plan attached herewith and incorporated herein. Dated this 17th day of June 1996. SAT-1"LS'r:• I�Y�ldred Alsdorf : C) .Clerk to;the Board: vote: • Upon Ootloduly made and seconded the foregoing Resolution was adopted by the following BOARD OF COUNTY COMMISSIONERS OF GARFIF LD COUNTY, COLORADO By Marian I. Smith, Chairperson Marian I. Smith Arnold L. Mackley Elmer (Bucky) Arbanev 13 Fred Jarman From: Ron Biggers [rbiggers@ci.glenwood-springs.co.us] Sent: Wednesday, September 03, 2003 3:04 PM To: Fred Jarman Subject: Application to amend the Los Amigos Ranch PUD Fred, EXHIBIT 1 I Have reviewed this application and the Glenwood Springs Fire Department does not have any objections to granting the Applicant (Elk Springs, LLC) their requested amendments to the existing Los Amigos Ranch PUD. If you need these comments on official fire department letter head let me know. Sincerely, Ron Biggers Fire Protection Analyst Glenwood Springs Fire Department 9/3/2003