HomeMy WebLinkAbout2.04 Resolution 2004-20STATE OF COLORADO
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E >- At a regular meeting of the Board of County Commissioners for Garfield County,
N = Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in
n Glenwood Springs on Monday, the 6th day of October, 2003, there were present:
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u 1-4 John Martin , Commissioner Chairman
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Q Larry McCown , Commissioner
a. Tr L3 Tresi Houpt , Commissioner
mm Don DeFord , County Attorney
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�. m Mildred Alsdorf , Clerk of the Board
0 Ed Green , County Manager
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when the following proceedings, among others were had and done, to -wit:
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• r• RESOLUTION NO. 2004-20
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A RESOLUTION CONCERNED WITH THE APPROVAL OF A PLANNED UNIT
DEVELOPMENT ("PUD") MODIFICATION FOR IRONBRIDGE (FORMERLY "ROSE
RANCH") PUD
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
("Board") received from LB Rose Ranch, LLC. ("Applicant") an application for PUD
modification ("Application");
WHEREAS, under the Application, Applicant sought to have modified certain
provisions of the PUD heretofore established for the Rose Ranch PUD by the Board under
previous Resolution Nos. 98-80 and 99-067;
WHEREAS, on the 7th day of July, 2003, the Application was referred by the Board to
the Garfield County Planning Commission ("Planning Commission") for review;
WHEREAS, the Planning Commission held a public meeting on the 13th day of August,
2003, upon the question of whether the Planning Commission should recommend approval or
denial of the Application, at which hearing the public and interested parties were given the
opportunity to express their opinions relative to said recommendation;
WHEREAS, following the close of the public meeting and on the basis of substantial
competent evidence introduced therein, the Planning Commission entered its recommendation to
the Board that the Application be approved;
WHEREAS, the Board held a public hearing on the 6th day of October, 2003, upon the
question of whether the Board should approve; approve with conditions or deny the Application,
at which hearing the public and interested persons were given the opportunity to express their
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opinions relative to said approval or denial; and
WHEREAS, following the close of the public hearing and on the basis of substantial
competent evidence introduced therein, the Board made and entered the following
determinations of fact:
1. That proper posting and public notice was provided, as required, for the hearing before
the Board;
2. That the meeting before the Board was extensive and complete, that all pertinent facts,
matters and issues were submitted and that all interested parties were heard at that hearing;
1. That for the above stated and other reasons, the proposed modifications to the Ironbridge
PUD are:
a. in the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County;
b. in conformance with the Garfield County Comprehensive Plan of 2000, as amended;
c. in conformance with the Garfield County Zoning Resolution of 1978, as amended
("Zoning Resolution");
2. That pursuant to Section 4.12.03 of the Garfield County Zoning Resolution of 1978, as
amended, the proposed modifications to the Ironbridge PUD:
a) do not affect the rights of the residents, occupants and owners of the PUD to maintain
and enforce the provisions of the PUD Plan established by the BOARD under
Resolution Nos. 98-80 and 99-067, given that the Applicant is the sole resident,
occupant and owner of the PUD and has consented to all such amendments;
b) 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 is not granted solely
to confer a benefit upon any person;
c) do not propose time-share or fractional ownership units or other similar interests in
property, and
d) Do not cause any conflict with the operation or utilization of the adjacent Mass
Transit Facility or with any of the standard contained within section 5.11 of the
Zoning Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that based on the determinations of fact hereinabove set forth, the
modifications to the Ironbridge PUD as set forth within the Application be approved, subject to
the following conditions:
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1. Integration/Applicant Representations. All representations made by the Applicant, in
the Application, and at the public hearing before the Board, shall be conditions of approval,
unless specifically altered by the Board as hereinbelow set forth.
2. Integration/ Previous Resolutions. All terms, conditions and provisions of Resolution
Nos. 98-80 and 99-067, attached hereto and incorporated herein respectively as Exhibits A and
B, not been modified or otherwise altered by the conditions of this Resolution, shall remain in
full force and effect.
3. Zone Text Amendments. The revised Land Use Summary and Zone District Text
attached hereto and incorporated herein as Exhibit C is hereby approved and adopted as the zone
district text for the Ironbridge PUD and shall supersede the Land use Summary and Zone District
Text established under Resolution Nos. 98-80 and 99-067 subject to the following additional
modifications:
A. All references to, "deed restricted attached or detached Accessory Dwelling Units
complying with the requirements of the Garfield County Zoning Regulations
governing Affordable Housingfor Rent (Section 5.09.05.03(3)(1999)) " are hereby
deleted;
B. Pursuant to Section 4.07.15.01 (Affordable Housing Mix For Lands Designated High
Density Residential):
1) Ten (10) owner occupied deed restricted housing units shall be located
within the PA 22 zone district, ( Medium Density Residential zone text).
Said residential dwelling units shall be designed and constructed in
conformance with the provisions of Section 4.07.15.03 and shall be
offered for sale in conformance with the provisions of the Affordable
Housing Guidelines as set forth within Section 4.14 Zoning Resolution.
Hereinafter all housing units conforming to the provisions of the Zoning
Resolution hereinabove cited shall be referred to as "Affordable Housing
Units";
2) The remaining twenty Affordable Housing Units required pursuant to
Section 4.03.15.01 may be allocated among either or in any combination
of, the following three locations: a) outside the PUD as allowed under
Section 4.03.15.01(2); b) within those zone districts zoned Medium
Density Residential and/or Club Villas (PA 19 and PA 20. The total
number of units allowed within the Medium Density Residential or Club
Villas zone districts as set forth within the Land Use Summary shall be
increased by the number of Affordable Housing Units located within each
such district; provided however, that the maximum number of units
allowed within the Medium Density Residential zone district shall not
exceed 94 units, if all 20 of the affordable units are added to this district.
The maximum density allowed within the Club Villas zone district shall
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not exceed 67 units, if all 20 of the affordable units are added to this
district;
3) The total number of Affordable Housing Units to be allocated to each such
location (off-site, Medium Density Residential or Club Villas zone
districts) shall be designated and quantified by Applicant within all future
application(s) for Preliminary Plan within PA 19 (Medium Density
Residential) and/or PA 20 (Club Villas);
4) In the event that all required Affordable Housing Units are located within
the Ironbridge PUD, the total maximum density allowed within the PUD
shall be established at 322 units; provided however, that said maximum
density shall be reduced, pro rata, for each such Affordable Housing Unit
located by Applicant outside the Ironbridge PUD.
5) Prior to the filing of the first final plat filed under this modified PUD,
Applicant shall provide the precise calculations and "% Total"
calculations within the Land Use Summary Tables.
4. Zone District Amendments. At the time of filing of this Resolution, Applicant shall
also file a modified PUD zone district map which shall include the following:
A. Creates PA 22. PA 22 shall encompass approximately 2.5 acres, shall contain 10
residential units / lots and shall be subject to the zone district text applicable zone
district designated "Medium Density"; and
B. Eliminates references to community trails and overlooks.
5. Regional Trail. At the time of filing of the Final Plat, Applicant shall convey to the
Board by special warranty deed, an easement for biking and pedestrian travel over and across the
Regional trail paralleling County Road 109, more particularly described within the Preliminary
Plan. Coincident with this filing, Applicant shall file with the Board all required applications, if
any, and all other documents necessary to vacate the unimproved public trail previously
dedicated to the public under the Rose Ranch Final Plat, Phase 1 recorded on September 11,
2000 in the records of the Clerk and Recorder for Garfield County as Reception No. 569188.
6. Affordable Housing.
A. That Applicant shall create and obtain all subdivision approvals within PA 22
necessary to locate therein (10) affordable housing units in partial satisfaction of
the requirements set forth within Section 4.07.15.01 (10% of housing mix). The
Applicant shall construct and offer for sale the (10) affordable housing units in
compliance with the terms and provisions of the Affordable Housing Guidelines
set forth within Section 4.14 of the Zoning Regulations. The obligation to provide
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the affordable dwelling units within the first subdivision phase of the Ironbridge
PUD shall be secured by Applicant pursuant to the following instruments:
1) A deed of trust recorded on PA 22 as subdivided in favor of the Board in the
amount of $500,000.00 or shall provide to the Board such other security in
lieu thereof as may be deemed satisfactory by the Board;
2) A deed restriction which shall be appurtenant to and run with title to the land
of PA22 as subdivided requiring the location, construction and sale therein of
the 10 affordable dwelling units in accordance with the terms and provisions
of Sections 4.07.15.01 and 4.14.
In order to ensure that affordable dwelling units are made available for sale in a
manner corresponding to the development of non -restricted lots within the first
subdivision phase and all subsequent phases of the Ironbridge PUD, Applicant
shall be required at all times and until construction of the entire 30 affordable
dwelling units is complete, to have constructed and sold or constructed and
available for sale, affordable dwelling units in a number equal 10% of the total
number of unrestricted units which have at that time been sold or made available
for sale. If at any time, this percentage falls below the required 10%, Applicant
shall be required for each such deficient affordable dwelling unit, to place
$150,000 into an escrow account in favor of the Board or to provide such other
security in lieu thereof as may be acceptable to the Board, which funds or security
the Board will then apply toward the construction of the affordable dwelling unit.
B. That in the event the Applicant is unable to obtain, pursuant to Section 4.07.15.01
of the Zoning Resolution, off-site units in satisfaction of its remaining (20)
affordable dwelling unit obligation under future subdivision phases, the Applicant
shall be required as a condition precedent to the filing of a final plat in which such
affordable dwelling units are required, to obtain from the Board all required
subdivision approvals necessary locate said units within the Ironbridge PUD.
C. That Applicant shall provide the Garfield County Housing Authority and Garfield
County Building and Planning Department semi-annual reports documenting the
status of affordable dwelling units within the Ironbridge PUD.
7. Preliminary Plan Phasing.
A. Applicant shall be allowed to subdivide Planning Areas 19 and 20 as block filings
pursuant to separate future preliminary plan and final plat filings.
Future subdivision development within the Ironbridge PUD shall be in accordance
with the phasing plan attached hereto and incorporated herein as Exhibit D.
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8. Street Name Changes. All streets contained within the Final Plat and all final plats to be
filed in the future shall be identified in accordance with the street names set forth within Exhibit
E, attached hereto and incorporated herein.
9. Modification to Lot Locations. Applicant shall eliminate from its 1st Preliminary Plan
filed under this amended PUD the Lot identified in the previous Preliminary Plan as Lot 62 and
shall replace the same within a Lot to be created adjacent to existing Lot 19. Existing Lot 19
shall hereinafter be identified as Lot 19A and the Lot located adjacent thereto shall hereinafter be
identified as Lot 19B.
10. Community Facility. Applicant shall make available for sale to the existing residents of
the Westbank Ranch subdivision without initiation fee, social memberships in the Ironbridge
PUD's fitness/pool/tennis club facilities on the same terms offered residents of the PUD.
11. Golf Course Operation. The golf course will be private with a public component, as
represented during the initial application process. As indicated in the "Community Impact
Analysis: Rose Ranch Golf Course, Garfield County, Colorado" prepared by Roaring For
Investments, LLC., public tee times shall be no less than 34 times a week, with an additional six
(6) affordable tee times a week.
12. Name Change. The Rose Ranch PUD name shall be changed to Ironbridge PUD and all
approvals, documentations, representations heretofore issued to and made in the name of the
Rose Ranch PUD shall be deemed to pertain to the Ironbridge PUD.
Dated this 9th day of Feb. , A.D. 2004.
ATTEST:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
ar;l,P,iC drk of the Board
Cha
Upon motion duly made and seconded the foreg
vote:
John Martin
Larry McCown
Tresi Houpt
ing Reso
was adopt
d by the following
, Nay
, Aye
, Aye
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STATE OF COLORADO
County of Garfield
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I , County Clerk and ex -officio Clerk of the Board of
County Commissioners in and for the County and State aforesaid do hereby certify that the
annexed and foregoing Resolution is truly 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 hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D. 2004
County Clerk and ex -officio Clerk of the Board of County Commissioners
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