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HomeMy WebLinkAbout1.0 ApplicationP.U.D Amendment Application GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com ❑ PLANNED UNIT DEVELOPMENT (PUD) ❑ PUD Amendment (Check the Appropriate box above) GENERAL INFORMATION (Please print legibly) Name of Property Owner: ➢ Mailing Address: Telephone: ( ) City: State: Zip Code: Cell: ( ) ➢ E-mail address: FAX: ( ) Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): > Mailing Address: Telephone: ( ) ➢ City: State: Zip Code: Cell: ( ) > E-mail address: FAX: ( ) > Property Parcel ID > Existing Property Zone District: > Existing Comprehensive Plan Designation: ➢ Proposed Zone District: Purpose for the proposed rezoning to Planned Unit Development: Last Revised 12/12/08 I. APPLICATION SUBMITTAL REQUIREMENTS This Application applies to owners of real property in Garfield County who desire to rezone their property as shown on the Official Garfield County Zone District Map to Planned Unit Development. As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Submit a cover letter containing a detailed narrative describing the purpose of the proposed Planned Unit Development. 2. Submit a copy of the deed and legal description of the real property, owned by the Applicant in Garfield County, which will be affected by such change. 3. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 4. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a copy of a recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity." 5. Vicinity map: An 8 1/2 x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3 -mile radius of the subject property. The map shall be at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed land use change to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. 6. A copy of the Pre -Application Conference form from the original Pre - Application Conference. 7. Submit payment of the $500.00 base fee and a signed "Agreement for Payment" form with this application. 8. Please provide a response that demonstrates that the request meets the following PUD Standards as more fully detailed in Article VI, Section 6-203 of the Unified Land Use Regulations of 2008. 9. Please provide the general PUD submittal requirements as more fully detailed in Article VI, Section 6-203 of the Unified Land Use Resolution of 2006. 10. Submit 3 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS The following outlines the process for a Planned Unit Development in Garfield County which is also codified in Article VI, Division 2, Section 201 of the Unified Land Use Resolution of 2008. A. Pre -application Conference. A Pre -Application Conference shall be held in accordance with the provisions of Section 4-103 A, Pre -Application Conference of Article IV. 1. Concept Narrative. The applicant shall present a Concept Narrative of the proposed PUD in sufficient detail to accurately convey the general concept of the proposal. Detail shall include: a) Concept Description. Location of property; existing zoning, use and density; proposed zoning, use, densities and lot sizes; existing zoning and use of surrounding property, including densities; existing and proposed access; existing and proposed source of water; existing and proposed wastewater treatment system; phasing if entire project is not being done at one time; unique features on the site which might enhance the site and proposed use; a discussion of the anticipated impacts and proposed mitigation. b) Additional Information Required. At the request of the Director, the applicant shall provide any reasonable additional conceptual information as needed to help clarify the proposal being made. B. Rezoning. The process for Rezoning is set forth in Section 4-201, of Article IV, Application and Review Procedures. C. Subdivision Review (if division of land is proposed within PUD). The process for subdivision review is set forth in Section 5-406 of Article V, Divisions of Land. Where a Preliminary Plan application is included with a PUD application, the subdivision regulations requirements will supersede the PUD requirements where the same information or more detailed information is required as part of a subdivision application. D. Preliminary PUD Plan Review. The following procedures shall apply to the Preliminary PUD Plan Review. The Director may allow combined review of the Preliminary PUD Plan and the Final PUD Plan. a) Application. The application materials required for Preliminary PUD Plan Review are set forth in Section 6-202 D. b) Determination of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of Section 4-103 C, Determination of Completeness of Article IV, Application and Review Procedures. c) Schedule Public Hearing. Upon a determination of completeness, the Director shall schedule the Preliminary PUD Plan for consideration by the Planning Commission. 1) Public hearing by the Planning Commission shall be held within sixty (60) calendar days of the date of determination of completeness. 2) Public notice of the hearing shall be made pursuant to Section 4- 103 F, Notice of Public Hearing of Article IV, Application and Review Procedures. 4. Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the application for compliance with the applicable standards set forth in Section 6-303, PUD Approval Standards, and prepare a staff report pursuant to Section 4-103 E of Article IV. a) Review by Referral Agencies. The Director's evaluation of the application shall include comment by referral agencies received under Section 4-103 D, Review by Referral Agency of Article IV, Application and Review Procedures. 5. Review and Recommendation by the Planning Commission. An application for Preliminary PUD Plan shall be considered by the Planning Commission at a public hearing, after proper notice, conducted pursuant to Section 4-103 G, Conduct of Public Hearing of Article IV, Application and Review Procedures. a) Recommendation by Planning Commission. The Planning Commission shall recommend approval, approval with conditions or denial of the application based upon compliance with the standards set forth in Section 6-203, PUD Approval Standards. 1) Recommendation of Approval. If the application satisfies all of the applicable standards, the Planning Commission shall recommend that the application be approved. The Commission may recommend approval with conditions determined necessary for compliance with applicable standards. 2) Recommendation of Denial. If the application fails to satisfy all of the applicable standards the Planning Commission shall recommend that the application be denied. 6. Schedule Public Hearing. The Director shall schedule the application for consideration by the Board of County Commissioners. a) Public hearing by the Board of County Commissioners shall be held within forty-five (45) calendar days of the date of the Planning Commission recommendation. b) Public notice of the hearing shall be made pursuant to Section 4-103 F, Notice of Public Hearing of Article IV, Application and Review Procedures. 7. Review and Action by the Board of County Commissioners. The final decision to approve, approve with conditions or deny an application for Preliminary PUD Plan shall be made by the Board of County Commissioners at a public hearing. a) Decision by Board. Following a public hearing conducted pursuant to Section 4-103 G, Conduct of Public Hearing, the Board of County Commissioners shall approve, approve with conditions or deny the application based upon compliance with the standards set forth in Section 6-203, PUD Approval Standards. 1) Approval of Application. If the application satisfies all of the applicable standards, the application shall be approved. The Board may approve the application with conditions determined necessary for compliance with applicable standards. 2) Denial of Application. If the application fails to satisfy any one of the applicable standards, the application shall be denied. E. Final PUD Plan Review. The following review procedures shall apply to Final PUD Plan Review. 1. Application. The application materials required for PUD Final Plan Review are set forth in Section 6-202 E. 2. Determination of Completeness. The Director shall review the application for determination of completeness in accordance with the provisions of Section 4-103 C, Determination of Completeness of Article IV, Application and Review Procedures. 3. Schedule Public Hearing. Upon a determination of completeness, the Director shall schedule the Final PUD Plan for consideration by the Board of County Commissioners. a) Public hearing by the Board of County Commissioners shall be held within forty-five (45) calendar days of the date of determination of completeness. b) Public notice of the hearing shall be made pursuant to Section 4-103 F, Notice of Public Hearing of Article IV, Application and Review Procedures. 4. Evaluation by Director/Staff Review. Upon determination of completeness, the Director shall review the application for compliance with the applicable standards set forth in Section 6-203, PUD Approval Standards, and prepare a staff report pursuant to Section 4-103 E of Article IV. 5. Review and Action by the Board of County Commissioners. The final decision to approve, approve with conditions or deny an application for Final PUD Plan shall be made by the Board of County Commissioners at a public hearing. a) Decision by Board. Following a public hearing conducted pursuant to Section 4-103 G, Conduct of Public Hearing, the Board of County Commissioners shall approve, approve with conditions or deny the application based upon compliance with the standards set forth in Section 6-203, PUD Approval Standards. 1) Approval of Application. If the application satisfies all of the applicable standards, the application shall be approved. The Board may approve the application with conditions determined necessary for compliance with applicable standards 2) Denial of Application. If the application fails to satisfy any one of the applicable standards, the application shall be denied. 6. Revisions to Zoning District Maps. Approval of a PUD Final Plan shall be recorded on the Official Zoning Maps filed in the Planning Department as soon as practicable after the PUD becomes effective. 7. Expiration of Approval. Unless otherwise stated in action by the Board of County Commissioners, the Board's decision to approve or conditionally approve the PUD plan shall be effective for a period of one year. The applicant may request an extension of one year. 8. Extension of Approval. A request for extension of approval shall be considered by the Board of County Commissioners at a regularly scheduled public meeting. a) The request for extension shall include the following information. 1) The reasons for the applicant's inability to comply with the specified deadlines. 2) Changes in the character of the neighborhood or changes in the Land Use Code or Comprehensive Plan which have occurred since approval of the preliminary plan, and the effect of such changes on the proposed development. b) The Board may grant an extension based upon the following criteria. 1) The applicant has applied for an extension prior to the date of expiration of approval. 2) There has been no change or proposed change in the Code, the Comprehensive Plan, or the surrounding neighborhood which would substantially affect the proposed development. F. Recordation. 1. Completion of Conditions of Approval. The applicant must complete all conditions of Final PUD Plan approval prior to recording the Final PUD Plan and associated documents. 2. Approval of PUD Development Guide. The Final PUD Plan may not be filed for recording until the Board has approved a PUD Development Guide. 3. Effective Upon Recording. The Final PUD Plan does not become effective until it is properly filed for recording with the County Clerk and Recorder. 4. Public Sale of Lots. A PUD becomes complete and eligible for public sale of lots and development only after the Final PUD Plan and associated documents are recorded. III. Process for Amendments to Existing Planned Unit Developments This section only applies to property owners wishing to amend an Existing Planned Unit Development. All amendments to an approved PUD shall be processed as a Rezoning as set forth in Section 4-201, of Article IV, Application and Review Procedures. A. Pre -Application Conference. A Pre -Application Conference shall be held in accordance with the provisions of Section 4-103 A, Pre -Application Conference. B. Application. The application materials required for a PUD approval are set forth in Section 6-301. Within thirty (30) working days of the date of the Pre -Application Conference, the Director shall make a determination as to whether the proposed change(s) constitutes a substantial modification to the approved PUD or conditions of approval contained in the Resolution of Approval. Garfield County defines Substantial Modification as a Substantial Change which is defined as a change to and existing approved land use resulting in one or more of the following. 1. A change in land use category; 2. A change in site design which increases a) The number of dwelling units. b) The maximum square footage of structures less than 10,000 sq. ft. over 100% and structures over 10,000 sq. ft. by 10%, if a maximum has been specified in a permit or approval. c) Projected traffic such that a highway access permit or an amendment to a highway access permit is required as a result of the change. d) The size of the land which is the subject of the permit or approval 3. A change in land use which creates or increases the incompatibility of the use. 1) No Substantial Modification. If the Director determines that the change does not constitute a substantial modification to the approved PUD, the Director shall determine the applicable submittal materials. 2) Substantial Modification. If the Director determines that the change constitutes a substantial modification, the PUD amendment shall be considered a new application and submit the required materials identified in Section 6-301. C. Written Notice of Decision. The Director shall inform the applicant of the determination in writing within five (5) working days of the date of decision. Notice of the Director's decision shall also be provided to the Board of County Commissioners. D. Request by Applicant for Reconsideration of Decision. An applicant may request review of the Director's decision by the Board of County Commissioners by filing a written request within ten (10) calendar days of the date of receipt of written notice of the decision by the Director. 1) Schedule Public Hearing. The Director shall schedule the request for review by the Board of County Commissioners. a) Public hearing by the Board of County Commissioners shall be held within forty-five (45) calendar days of the date of receipt of the request for review. b) Public notice of the hearing shall be made pursuant to Section 4-103 F, Notice of Public Hearing. 2) Decision by Board. Following a public hearing conducted pursuant to Section 4- 103 G, Conduct of Public Hearing, the Board of County Commissioners may uphold the Director's decision, modify the decision, or reverse the decision. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Sig re roperty451)0 Date Payment Agreement Form GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09. has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer, Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 $675 + application agency review fees and outside Preliminary Plan / Conservation Subdivision consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Preliminary Plan Amendment $325 Final Plat $200 Final Plat Amendment / Correction Plat $100 Combined Preliminary Plan and Final Plat $1,075 Minor Exemption / Amendment $300 / $300 Major Exemption / Amendment $400 / $300 Rural Land Development Option Exemption / Amendment $400 / $300 General Administrative Permit $250 Floodplain Development Permit $400 Pipeline Development Plan / Amendment $400 / $300 Small Temporary Employee Housing $50 Minor Temporary Employee Housing $250 Limited Impact Review / Amendment $400 / $300 Major Impact Review / Amendment $525 / $400 Rezoning: Text Amendment $300 Rezoning: Zone District Amendment $450 Planned Unit Development (PUD) / Amendment $500 / $300 Comprehensive Plan Amendment $450 Variance $250 Interpretation $250 Takings Determination NO FEE Planning Staff Hourly Rate ■ Planning Director $50.50 • Senior Planner $40.50 • Planning Technician $33.75 ■ Secretary $30.00 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 — 151 page $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Spring Valley Holdings, LLC Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for PUD Amendment of the Spring Valley Ranch P.U.D. (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) Signa ru Print Name Date Mailing Address: "(2,11..\(..— v L'l - 114DIN&S ( O lev o o w•sa-L Si–. ) Lf of 4tv . Page 4 STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Spring Valley Holdings, a limited liability company (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Spring Valley Holdings, LLC and is formed under the laws of DELle 1ACVe, The mailing address for the Entity is PO Box 1146, Glenwood Springs, CO 81601 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Daniel J. Goldberg The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: None (if no limitations, insert "None") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matter, leave this section blank) EXECUTED this STATE OF day of , 20 Signature: Name(typed or printed: Daniel J. Goldberg Title (if any) : Authorized Representitive COUNTY OF } )SS. The foregoing instrument was acknowledg , 20 by Witness my hand and My commis efore me this 05/09 day of , on behalf of (Notary Public) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rig.�s�r.�r.�:r.�;rc;o,�:rcr�r;�.�r,�.�r.�;c,�r.�rcrc��r.�:c�:rt;�.�rr.�;c.�:r,�: fi Document Date: State of California County of San Ty-ape/I c,13 ,1 � ll On iD i'eni t,"6) a before me, -t9,i'1 H S 1 t Uu ] t71 t �J ate Here InsertName and ile of I e •Iii er personally appeared r iC I , �, GPOL4, .0 Name's) of Signer(s) KAREN M. SITTON Commission # 1901348 zNotary Public California z Z fSan Francisco County > J_ My Comm Expues Aug 26 2024 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sk1•e41f executed the same in his/her/their authorized capacity(ies , and that by his/heri4fieir signatureW on the instrument the person(s), or the entity upon behalf of which the person(s3 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL v�IM Signature of Nolary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer -- Title(s): ❑ Individual ❑ Partner — Limited . General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Corporate Officer - Title(s): ❑ Individual G Partner — - Limited General Attorney in Fact E Trustee Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ig) 2009 National Notary Association • NationalNotary.org • 1 -800 -US NOTARY (1-800.876-6627) Item 45907 Spring Valley Ranch PUD Phase 1 - Amendment P.U.D Amendment Application October 28, 2011 Table of Contents o P.U.D Amendment Application o Payment Agreement Form o Certificate of Taxes Due o Cover Letter with Narrative describing purpose of application o Deeds o Legal Description of Highgrange Passs Right -of -Way o Statement of Authority o Garfield County Assessor's Map o Adjacent Property Owners o Mineral interest owners o Vicinity Map o Estimated Development Phasing Schedule o Development Agreement o Phasing Map Cover Letter with Narrative G A M B A & ASSOCIATES CONSULTING ENGINEERS & LAND SURVEYORS PHONE: 970/945-2550 FAX: 970/945-1410 118 NINTH STREET, SUITE 214 P.O. Box 1458 GLENWOOD SPRINGS, COLORADO 81602-1458 October 31, 2011 Fred Jarman - Director Garfield County Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Spring Valley Ranch — Phase 1 Amended Final Plat Application Dear Fred, On behalf of Spring Valley Holdings, LLC we are submitting the attached application for an Amendment to the Phase 1 Final Plat of Spring Valley Ranch P.U.D. The purpose of this amendment is to remove the right-of-way parcel for Highgrange Pass from the Phase 1 Final Plat, and rejoin it with the remaining undeveloped and unplatted property owned by Spring Valley Holdings, LLC. As depicted on the Amended Final Plat, the right-of-way parcel is approximately 680 -feet in length and is located between two platted open space parcels, OSR Parcel A and OSR Parcel B. There are no other platted parcels adjacent to or served by the right-of-way parcel. Due to the inclusion of this right-of-way parcel in Phase 1, the Phase 1 Final Plat approval also included a Subdivision Improvements Agreement that provided for the proposed construction of approximately 680 -feet of road and utility improvements within the right-of-way. These proposed improvements serve no beneficial purpose within Phase 1. Each Open Space parcel has in excess of 200 -feet of frontage along Garfield County Road 115, and therefore the Highgrange Pass road improvements are not necessary to provide access to either parcel. Additionally, the water and sewer utilities that were to be constructed within the right-of-way were not proposed to be connected to a water supply or sewage collection system until Phase 2 was to be platted and constructed. Consequently, the proposed Phase 1 road and utility improvements serve no practical purpose until Phase 2 is platted and constructed. This application is submitted concurrent with an Amended PUD application to modify the phasing of this Highgrange Pass road right-of-way parcel, from Phase 1 to Phase 2. Therefore, when Phase 2 of the Spring Valley Ranch PUD is platted, the Highgrange Pass right of way would be included in the Phase 2 plat and the associated road and utility improvements would be constructed at that time. We believe that this amended Final Plat application is an administrative non -substantial modification. The affect of this plat amendment is to eliminate the construction of 680 - feet of unnecessary road and utility improvements. It does not create any additional impacts on adjacent properties, and in fact reduces impacts due to the elimination of the construction activities. The amendment does not alter proposed land uses or densities. It does not create any additional development parcels. In reference to Division 1 of Article VII of the Garfield County Unified Land Use Resolution 2008, as amended: • Section 7-101: The land use change complies with applicable zone district use restrictions and regulations in Article III, Zoning • Section 7-102: The land use change is consistent with applicable provisions of the Garfield County Comprehensive Plan and any intergovernmental agreements between the County and a municipality that applies to the area where the use will occur. • Section 7-103: The nature, scale, and intensity of the proposed use are compatible with adjacent land uses and will not result in an adverse impact to adjacent land. • Section 7-104: The land use change does not require a water demand. • Section 7-105: The land use change does not require a water supply. • Section 7-106: The land use change does not require a central water or wastewater system. • Section 7-107: The land use change does not require any public utilities. • Section 7-108: The land use change does not require the construction of any roads or alter available access to existing public rights-of-way. • Section 7-109: The use is not subject to significant risk from natural hazards and will not exacerbate existing natural hazards. If you should have any questions regarding this Amended Final Plat application, please do not hesitate to contact either us or the applicant. Sincerely, Gamba & ssotes.In ichael Gamba, P.E. & P.L.S. 28036 H:\01269\22 - 2009 Phl Final Plat\Amended Final Plat\Final Documents\Amended Final Plat - Narrative - 2011 1031.doc GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Spring Valley Holdings, LLC Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for First Amended Plat of Spring Valley Ranch PUD - Phase 1 final Plat (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) 91-6 Signat Date wL\ 0401Z-)( Print Name Mailing Address: (.Q.O \M (DOLLY kd) SPr�'rC.tiS t -.a ( ciL 4 111 Page 4