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Home My WebLink About11.0 One Year Extension 07.21.2008BOCC 07/21/08 FJ PROJECT INFORMATION AND STAFF COMMENTS REQUEST OWNER REPRESENTATIVE 1 -Year Extension to file a Final for Phase 1 of the Spring Valley Ranch Planned Unit Development Spring Valley Holdings, LLC Jim Lochhead I. REQUEST The Applicant requests the Board grant a 1—year extension to file the Final Plat for Phase 1 as well as a waiver from Section 4.09.01 requiring the commencement of the PUD citing the national housing volatility as the reason for the request. (See letter attached.) II. BACKGROUND The Board of County Commissioners (the Board) approved a Preliminary Plan and PUD Amendment for Spring Valley Holdings, LLC for the Spring Valley Ranch PUD on December 7, 2007 with a variety of conditions which has been memorialized in Resolutions 2008-55 and 2008-56. REGULATIONS Section 4:34 of the Subdivision Regulations of 1984-, as amended, requires that "a Preliminary Plan shall be valid for a period not to exceed one (1) year from the date of the Board approval; unless an extension of not more than one year is granted by the Board prior to the expiration of the period of approval." Section 4.09.01 of the Zoning Resolution of 1978, as amended, requires "The applicant 4..must begin development of the PUD within one (1) year from the time of its final zone change approval; provided, however, that the PUD may be developed in stages and the Board may approve the commencement of development activity beyond one (1) year. IV. DISCUSSION As the Board will recall, this project has had a long history of approvals with zoning, amended zoning, and many Preliminary Plans that have been "revised" overtime since the 1980s. This project has had a long history of approvals and extensions granted by the Board with no development activity. Three of these have occurred only within the last 5 years, since 2003. In each case, the expectation is that the development would occur. 1 These reviews require substantial staff time to complete. This was also echoed by Commissioner McCown at the end of the last approval in December, 2007 stating the following: ... I think it is only fair to acknowledge that in my career I've looked at this project several times myself and I sincerely hope this will be the last time on this project." The reason behind requiring projects to begin relatively shortly after approval is to ensure they develop in the context in which they were proposed so the information used to support the approval remains germane. As time continues on, the context changes and the project may have additional adverse impacts on the community that were never contemplated or accounted for such as traffic impacts to intersections and water usage, not to mention the public expectation of what the Board of County Commissioners approved and required of a development. That is why the PUD regulations require that development begins within one year of approval. In this case, the PUD is now approaching eight (8) years in age with no development. It has been slightly modified over those years but has remained relatively the same while the rest of the lower Roaring Fork Valley and Spring Valley have continued to grow and change. The County will soon be beginning an update to the Comprehensive Plan which may change the plan for this area as that plan is 11 years old. On a similar note, the Board will recall the authority it recently exercised when the phasing provisions of the Sanders Ranch PUD were not followed. In that case, the Board specifically revoked the PUD and rezoned the property to another zoning. The Board has not applied that same authority to this project even though it has the authority to do so if no development has commenced within 1 year of the PUD approval. V. STAFF RECOMMENDATION Clearly, Section 4:34 of the Subdivision Regulations provides a mechanism for an extension to a Preliminary Plan as can only be granted by the Board. However, Staff finds that this language conflicts with Section 4.09.01 of the Zoning Resolution which requires that development must begin within one (1) year from the time of its PUD approval. There is no language in the PUD regulations that provides relief for an extension. Staff finds that to deviate from this PUD requirement, the Applicant ld nee to either 1) pursue text amendment to the Zoning Resolution or 2) submit a U mendment to their phasing plan. (The extension in the Subdivision Regulations is simply for a P�eTiminary Plan and not to amend or change zoning requirements.) So, while the Board has the authority to grant a 1 -year extension for the Preliminary Plan, it appears the Board does not have the authority to grant a waiver of the PUD requirement as that was not contemplated in the PUD. As the Board is aware, there are no specific criteria or standards in Section 4:34 of the Subdivision Regulations for the Board to use in granting, or not, an extension for a Preliminary Plan. Staff recommends the Board deny the request for a 1-year extension finding that 1) the Applicant has not provided enough information that determines that an extension of 1 year will not adversely affect the surrounding community and 2) the Board does not have the authority to waive Section 4.09.01 of the Zoning Resolution without the approval of a text amendment or 3) the Applicant could submit a PUD Amendment to approve their phasing plan. 3 Brownstein 1 Hyatt Farber 1 Schreck June 2, 2008 Board of County Commissioners Garfield County 108 Eighth St. Glenwood Springs, CO 81601 Dear Commissioners: James S. Lochhead Attorney at Law 970.945.5302 tel 970.384.2360 fax jlochhead@bhfs.com I am writing on behalf of Spring Valley Holdings, LLC (SVH), owner of the Spring Valley Ranch PUD. Following the public hearing on December 7, 2007, by Resolution Nos. 2008-55 and 56, the County Commissioners approved a preliminary plan application and PUD amendment for the Spring Valley Ranch PUD. As SVH discussed with the Board in the public hearing for consideration of the preliminary plan and PUD amendment, the planned development of the PUD is a large and complex undertaking. In particular, the marketability of the project is dependent upon and affected by national market and financial conditions. The housing product at Spring Valley Ranch will be marketed nationally. As you are well aware, within the last year, the national housing and lending market has experienced extreme difficulties and volatility, affecting the entire national economy. As a result, SVH has determined it would not be prudent to undertake the large expenditures of funds necessary to commence development, until the national economy has stabilized. Additionally, because of the limited building season on the property, it is necessary to make such decisions in advance. Because of this market volatility, it will not be possible for SVH to commence development of the project within one year of PUD zoning approval, as required by Section 4.09.01 of the Garfield County Zoning Resolution, or to submit application for final plat approval, as required by 4:34 of the Garfield County Subdivision Regulations. Even though SVH does not plan to commence development this year based on the County approvals, SVH does plan to undertake some pre -development activity on the property this summer. Specifically, because of the important historical significance of the original Hopkins Homestead to the agricultural heritage of the County, SVH will be stabilizing and protecting the structure this summer. SVH will acquire all necessary permits for such work. PO Box 357, 818 Colorado Avenue, Suite 3061 Glenwood Springs, CO 81602-0357 970.945.5302 tel . Brown tcin.Hyau.Farber Schucck.Lt.t'.I bhts.cem 970,384.2360`i m 4. 0 Recipient June 2, 2008 Page 2 Therefore, Spring Valley Holdings, LLC respectfully requests a one year extension of its PUD and preliminary plan approvals reflected by Resolution Nos. 2008-55 and 56, pursuant to Section 4.09.02 of the Zoning Resolution and 4:34 of the Subdivision Regulations. Thank you for your consideration. Sincerely yours, 1.0 ' Cd1Caki( ochhead July 23, 2008 Jim Lockhead Brownstein Hyatt Farber & Schreck P.C. PO Box 357 818 Colorado Avenue, Suite 306 Glenwood Springs, CO 81602-0357 970.945.5302 BUILDING & PLANNING DEPARTMENT RE: Extension for the Preliminary Plan for "Spring Valley Ranch PUD" Dear Jim, As you are aware, on Monday, July 21, 2008, the Board of County Commissioners unanimously granted a 1 -year extension to the Preliminary Plan for Spring Valley Ranch PUD. This will mean that the ownership of this project will have up to December 7, 2009 in which to submit a Final Plat application to the County for Phase I of the project. This letter shall serve as the record of this decision by the Board. Do not hesitate to contact this office should you have further questions. Very truly yours, Fre . Jarman, Al Director, Building & Planning Department 970.945.8212 Cc: Mike Gamba (via email) Danny Goldberg (via email) 108 Eighth Street, Suite 401.1Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470