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
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)SS.
The foregoing instrument was acknowledg
, 20 by
Witness my hand and
My commis
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05/09
day of
, on behalf of
(Notary Public)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Document Date:
State of California
County of San Ty-ape/I c,13
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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
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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
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Print Name
Mailing Address: (.Q.O \M (DOLLY kd)
SPr�'rC.tiS t -.a ( ciL 4 111
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