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Home My WebLink About1.0 Request Memo BOCC 03.02.09BOCC 0310212009 FJ APPLICANT / OWNER REPRESENTIATIVE LOCATION SITE DATA EXISTING ZONING STAFF RECOMMENDATION MEMORANDUM LB Rose Ranch, LLC Timothy Thulson, Balcomb & Green P.C. 3.5 miles south of Glenwood Springs, Co, CR 109 45.29 acres/ 61 Lots PUD River Residential 1 20,000 Square Foot (minimum) Residential 15,000 Square Foot (minimum) Residential 9,000 Square Foot (minimum) Residential Approval with conditions BOCC 0310212009 FJ I REQUEST & BACKGROUND LB Rose Ranch, LLC requests the Board of County Commissioners (the Board) grant them a 1-year extension to file their Final Plat for Phase lll of the lronbridge Planned Unit Development (PUD) which is the last and final phase. The Board granted Preliminary Plan approval on March 10, 2OO8 which wilt expire on March 10, 2OOg as that approval is only good for one year. The County's Subdivision regulations on 1984, as amended (referred to here as the Old Code) provide the Board wilfr tne authority to grant 1-year extensions. The County's new land use regulations do not prevent the Board from also granting extensions. TRONBRIDGE PUD PHASING PLAN ln 2004, the Board approved the phasing plan for the Rose Ranch PUD (prior to re- approving it as the lronbridge PUD). This PUD contained a phasing plan which required that the initially designed 4 phases be completed in the 2006 - 2010 timeframe. The phasing plan was compressed into 3 phases for the lronbridge approvals which contemplated that this last phase (Phase lll of lronbridge) be completed during this 2006 - 2O1O time frame. lt appears that if the Board provides this requested extension, it will not immediately conflict with the PUD Phasing Plan. III STAFF RECOMMENDATION Staff recommends that the Board grant LB Rose Ranch, LLC a 1-year extension to file the Final Plat for Phase lll of lronbridge PUD. tV RECOMMENDED MOTION "l move to grant a 1-year extension to LB Rose Ranch, LLC to March 10,2010 to file a Final Plat for Phase lll of the lronbridge PUD.' I N *,f,t $'/ \lI N f N (t ! h \ -2- EDWARD MULHALL, JR. ScoTT BALCOMB LAWRENCE R. GREEN TrMorHY A. THULSoN DAvrD C. HALLFoRD CHR|SToPHER L, CoYLE THoMAS J. HARTERT CHRISTOPHER L. GEIGER SARA M. DUNN Re: Dear Fred: IlAr,coMB & Gnnrcx, P.C. ATTOIiNEYS AT IJAW P.O. DRAWER 79O 8I8 COT,()RADO AVENUE GLENWOOD SPrIINGS, COLORADO II.602 Tnr,EPr{oNn! 97O.945.6546 FAcsrrrrLrI: 97O.945.89O2 www.balcombgreeu.corn . KENNETH BALCoMB 1920-2005 OF CoUNSEL: JoHN A. THULSoN RBCEWES JAN 2 32009 8,is,F.'?88Hilp. DANTEL C. wENNocLE Scorr GRosscuP CHAD J. LEE NrcHoLAs B. NELSoN ]anuary 22,2409 Via U.S. Mail Fred Jarman Director Garfield County Building and Planning Department 108 8'h Street Suite 40L Glenwood Springs, CO 81501 lronbridge PllD Phase III Preliminary Plan Approaal The preliminary plan approval for the Ironbridge Planned Unit Development Phase III is set to expire March 10,2009. This approval was entered by the BOCC originally March 10,2007 under Resolution Approval number 2008-42; Craig Richardson handled this matter on behalf of the Building and fUnning Department. At present, LB Rose Ranch, LLC, due to current economic conditions and other reasons, is unsure whether it will Process an application for a Final Plat under this approval within this time frame. Accordingly, by this correspondence, LLC hereby requests that this matter be set before the BOCC for consideration of a one-year e:.:tensien of th.e Prelinninavy Plan Apprc'.'al. Please contact me as to any questions of concerns you may have in this regard. Cc: David Joseph at daoid@ ironbridgeclub.cont Very truly yours/ Illlill lllil l]lllllllll llll llllllllll lll lllllll ll llll 641544 g3/O2/2oO4 O3t49P 81565 P652 l'l ALSD0RF 53 of 75 R 0.oo D 0.00 GRRFIELD C0UNTY C0 ROSE RANCH PLANNED UNIT DEVELOPMENT PHASING PLAN Exhibit D I In order to address market conditions, Applicant reserves the right to reallocate among future phases the Planning Areas (PA's) hereinabove set forth. Phasel 1999-2002 2003-2005 2005-2008 2006-2010 Phase I Lots 90-t7l Golf Course x Phase 2 PA's 20, 22 and 7-9 x Phase 3 PA's l-6 and 2l x Phase 4 PA 19 x lll Hq. ttllul,Hl{,Fll,Hfi ,!{ll':HrDfi , lfll llfl.lll'l I ll I Reccotiont: 746338iiirtl7zooe o8:51:'lo All Jem nlber!c!';-;i'i-i;; FEilj6.oo"cioc-Fec,o.oo GaRFIELD couNrY co STATE OF COLORADO County of Garfield ) )ss ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, heldin the Commissionef,s' Meeting Room, Garfield County Plaza Building, in Glc,nwood Springs onMonday, December 10u',2007, there were present: fohn Martin . Commissioner Chairman T.arrnr McCnrxm . Commissioner TrEsi Houpt . Commissioner C*otp OrUorrn . Assistant County Attorney Jean Alberico , Clerk of the Board trrl Crreen , County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2oo8-42 A RESOLUTION CONCERNED WTN{ THE APPROVAL OF A PRELIMINARY PLA}i APPLICATION FOR IRONBRIDGE PLA}INED UNIT DEVELOPMENT (PI,D), PHASE m WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Preliminary Plan Application from LB Rose Ranch, LLC to suMivide a46.29' acre property into sixty (60) residential lots; and WHEREAS, the subject poperty is zoned PUD; and yHEREAS, on June 5'fi, 2007, the Garfield County Planning and Zoning Coomission forwarded a recommendation of approval with conditions to the Board of County Commissioners for the Preliminary Plan; and WHEREAS, on March 10d!, 2008, the Board of County Commissioners opened a public hearing upon the question of whether the Preliminary Plan should be granted, grantea with conditions, or deniod at wtrich hearing the public and interested persoilt were given the opportunity to express their opinions regarding the issuance of said Preliminary Plan; and WHEREAS, the Board of County Commissioners closed the public hearing on the March 106, 2008 to make a final decision; and lll H,I Htrlfil,lll{ Jltl ,!{fi ,ltlfill[f Hfl,Url'l{# t{ld Il ll I Rcceotion$: 746338 @4111'l2OO8 @8:51:1O At'l Jern Alberico5-;i i-R;; FEe,io.oo ooc ie.,o.@@ GARFIELD couNTY c0 4 The Applicant shall disclose the potential risks to all futrue purchasers "oo""-irrg potential settlement from collapsible soils and risk of spontaneous ground openings related to evaporite karst phenomena; 5 prior to the submittal of the Final Plat Application the Applicant shall demonstrate compliance with the Approved Affordable Housing Escrow Agreement; 6 Drainage shall be added as a use of the sidc, rear, and front easements on the plat; 7 Outlet protection shatl be added to the drain system; 8 Erosion Contol Blankets shall be called out on the steeper slopes; 9 The applicant shall place the following plat notes on the final plat: a) 'Colorado is a,,Righl-to-Farm" State pursuant ro C.rt.S. 35-j-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield county's agriculnral operations as a nonnal and necessty aspect of living in o Comty with a it ong rural character and a healtlry ranching sector. All must be prepoed to encounter noises, odor, lights, mud, dust, smolre chemicals,-michinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherutise of chemical fertilizers, soil amendnrents, herbicides, and pesticides, any one or mote of which may naturally occar as a part of a legal and non- negligent agricultur al op)erations. " b) "No open hearth sotid-fuel lireplaces will be allau'ed anywhere wirti1rte subdivision One (1) new solid-fuel burning stove as defied by C.R.S. 25- 7401, et. sew., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dweiling units will be allowed an unrestricted number ofnarural gas bwning stoves and appliances." c) "All owners of land, whether ranch or residence, hate obligatiotts under State lau, and County regulations with regud to the maintenance offences and inigation ditches, controlling weeds, keeprng livestock and pets under _ control, using proPerty in accordance with zoning and other aspects of using and maintaining property. Residents and landowners are encouraged to leun about these rights and responsibilities ard act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & hull Scale Agrictttture" put out by the Colorado State University Extension ffice in GarJield County." tll [h Fl Il !dl, Hl{, !|fi , lfllt, l'tft1 }llt hlt lfl'r' lfi t lll'l ] ll I Reception#: 745336gAt t'l'tZo0e @8:51 :1@ Rtl Jean Alber!9o5-;i'i-R; FE,i,i6.oo Drc Fii:o.o0 GARFIELo couNrY c0 Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin .AYe Lar.vMcCown , AYe Jr6si Houpt ' AYe STATE OF COLORADO Corurty of Garfield I, , County Clerk and ex-officio Clerk of the Board "-f e Corurty and State aforcsaid do hereby certify that the annexed and foregoing Resolution is tnrly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have heretrnto set my hand and affixed the seal of said County, at Glenwood Springs, this - day of A.D.2008 Counry Clerk and ex-offEcio Clerk of the Board of County Commissioners ) )ss )