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HomeMy WebLinkAbout1.0 Application Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2393-07-106-001 DATE: December 10, 2015 OWNER: RE Development Corp. REPRESENTATIVE: Scott Dillard PRACTICAL LOCATION: On County Road 114 near CMC TYPE OF APPLICATION: PUD Amendment – Los Amigos I. GENERAL PROJECT DESCRIPTION The applicant, representing Pinyon Mesa Subdivision also known as Phase 3F of the Los Amigos PUD, would like to modify the phasing and timeline associated with the approval of the Los Amigos PUD. Phase 3F was approved for 80 high density single family lots in the lower valley area of Los Amigos Ranch PUD of which a portion 48 residential lots have been platted in a Pinyon Mesa, Filing 1. 32 lots remain to be platted as part of Filing 2. The Los Amigos PUD was last modified in 2006 by Resolution 2006-16 that required Phase 3F to be commenced by December 31, 2008 and completed by December 31, 2010. The commencement of this phase has previously been extended at least twice from its original commencement date of 2002. The first extension was approved by Resolution 2004-05 changing the date from 2002 to 2005. A second extension was granted from 2005 to December 31, 2008. Because the commencement of Pinyon Mesa (Phase 3) was initiated prior to the 2008, it is now the completion date of December 31, 2010 that the application would like to modify in order to extent the ability to complete Filing 2 of Pinyon Mesa. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The process to amend the Agreement is a PUD amendment subject to Section 6-203 of the County’s Land Use and Development Code. The LUDC provides in Section 6-203.A.1. that in “All cases the following will be deemed a Substantial Modification: Modifications to an approved phasing plan.” Applicable section of the Garfield County Land Use and Development Code, as amended, include: 4-101 Common Review Procedures 6-203 PUD Amendment Table 6-301 – Application Submittal Requirements III. REVIEW PROCESS The process for a Substantial Modification to an approved PUD requires the following: A. Pre-application Conference. B. Director determines based on Section 6-203.B.1. that the application is a Substantial Modification. The Director shall determine the contents of the application submittal. C. Application Submittal (three paper copies and one CD). D. Completeness review. E. Schedule Planning Commission Public Hearing F. Additional copies of submittal requested and sent to referral agencies. G. Notice conducted pursuant to Section 4-101.E.(2)-(4) and shall include notice to all property owners of record within the PUD. H. Evaluation by Director/Staff resulting in a Staff Report. I. Public hearing conducted with the Planning Commission for review and recommendation. J. Schedule Board of County Commissioners public hearing. K. Public hearing conducted with Board of County Commissioners to make a final decision. L. If approved, an amended PUD plan and all associated document shall be recorded within 30 days from the date of an approval. Referral will be sent to the following agencies: The need for referral agency comments will be determined upon review of the application and may include Pinyon Mesa HOA, Elk Springs HOA, Red Canyon Water and Sanitation District. IV. SUBMITTAL REQUIREMENTS A. General Application Materials a. application form and fee b. agreement to pay form c. proof of ownership (deed) d. Statements of Authority or other Authorization to file application e. List of all property owners within 200 feet of the PUD as well as mineral owners on the subject site, and names and mailing addresses of all owners within the PUD f. vicinity map g. project description B. Amendment Justification Report. C. Draft revised PUD Plan V. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 300.00 + additional Staff time at staff hourly rate of $40.50 Referral Agency Fees: $ TBD Total Deposit: $300.00 Remaining portion of Pinyon Mesa Subdivision to be platted Disclaimer This summary is valid for a period of 6 months. The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre-application Summary Prepared by: 12/11/2015 Tamra Allen, Planning Manager Date Pinyon Mesa Phase 2 Mineral Rights Owners RE Development Corporation ____________________________________________________________________________________________ www.sgm-inc.com GLENWOOD SPRINGS 118 West Sixth St, Suite 200 | Glenwood Springs, CO 81601 | 970.945.1004 February 19, 2016 Tamra Allen, Planning Manager Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: PUD Amendment – Los Amigos Pinyon Mesa Phase II Dear Tamra, In accordance with our recent discussions and the December 10, 2015 Pre-Application Conference Summary you prepared, property owner RE Development President Scott Dillard and SGM are transmitting application materials for a proposed PUD Amendment for the Los Amigos Ranch PUD. In particular, this proposed amendment applies solely to extending the timeframe for “Completion of Development” for the remaining 32 unplatted lots of Phase 3F in the ”Lower Valley”, now referred to as Pinyon Mesa Phase II. Refer to the attached exhibit that shows these lots denoted as Filing 2. The complete guide for the Los Amigos PUD consists of the following historic documents approved by Garfield County Commissioners: RESOLUTION NO. 79-15 RESOLUTION NO. 81-358 RESOLUTION NO. 96-34 RESOLUTION NO. 2004-05 RESOLUTION NO. 2006-16 RESOLUTION NO. 2008-06 Copies of the above Resolutions accompany this application for reference. Note that RESOLUTION NO. 81-358 contains the base PUD info. The most recent approved phasing plan is listed in RESOLUTION NO. 2006-16. That document memorializes the County Commissioner approval of a PUD zone text amendment application that, in a very similar manner to this application, sought only to extend the approve phasing schedule. The resultant phasing plan is illustrated in the clip on the next page: ____________________________________________________________________________________________ www.sgm-inc.com GLENWOOD SPRINGS 118 West Sixth St, Suite 200 | Glenwood Springs, CO 81601 | 970.945.1004 By means of this application, Mr. Dillard is requesting an extension for “Completion of Development” for the 32 Pinyon Mesa Phase II lots in Los Amigos PUD Phase 3F from December 31, 2010 to December 31, 2019. An updated and complete proposed Los Amigos PUD Guide Per Garfield County LUDC 6-203 B. 1. b. (2) this request is a “Substantial Modification” as it is a modification to an approved phasing plan. For contents of this application, we are following section IV. SUBMITTAL REQUIREMENTS of the Pre-Application Conference Summary. Am endment Justification Report (LUDC 6-302. B.) This amendment seeks only to extend “Completion of Development” for the 32 Pinyon Mesa Phase II lots in Los Amigos PUD Phase 3F. As such, the PUD General Description, PUD Technical Descriptions, PUD Plan Map and other aspects of the PUD Guide do not change. While LUDC 6-203 B. 1. b. (2) mandates classification as a “Substantial Modification” this limited scope request complies with all review criteria for “Minor Modifications” listed under LUDC 6-203 C. as none of those items apply directly to time extensions. The LUDC 6-203 C. criteria are listed below along with discussion of how this application complies with each item, as applicable: 1. Conform to the Comprehensive Plan; Response: The proposed PUD amendment time extension complies with The Garfield County Comprehensive Plan 2030 Adopted: November 10, 2010, Last Amended: October 9, 2013. Here’s an excerpt “The comprehensive plan acknowledges the existence of several ____________________________________________________________________________________________ www.sgm-inc.com GLENWOOD SPRINGS 118 West Sixth St, Suite 200 | Glenwood Springs, CO 81601 | 970.945.1004 unincorporated communities that have a dense level of development, mix of uses and urban services provided by special districts. New unincorporated communities are discouraged.” Regarding the proposed time extension, we would note that similar extensions were granted in prior RESOLUTIONS and found to be in conformance with the Comprehensive Plan in effect at the time. 2. Is consistent with efficient development and the preservation of the character of the development; Response: This PUD Amendment will allow completion of the development in a much more efficient manner than creating 32 new residential sites in another area without the utilities that are available in Pinyon Mesa. The character of the development will match Pinyon Mesa. 3. Do not increase the density; Response: No change in density is proposed. 4. Do not decrease the amount of dedicated Open Space; Response: No decrease in Open Space is proposed. 5. Do not affect, in a substantially adverse manner, either the enjoyment of the land of abutting upon or across the road from the PUD or the public interest; Response: No abverse effects are expected to occur with the time extension for development of Pinyon Mesa II with respect to the enjoyment of adjacent lands and other aspects of public interest. 6. Do not change the use category of the PUD between residential, commercial or industrial uses; and Response: The proposed PUD Amendment does not affect the categories. 7. Will not be granted solely to confer a special benefit upon any person; and Response: The proposed time extension will benefit multiple people creating job opportunities and product for home ownership. 8. Shall not affect the rights of the residents, occupants, and owners of the PUD to maintain and enforce those provisions at law or in equity. Response: The proposed time extension does not affect the rights to enforce those provisions at law or in equity. ____________________________________________________________________________________________ www.sgm-inc.com GLENWOOD SPRINGS 118 West Sixth St, Suite 200 | Glenwood Springs, CO 81601 | 970.945.1004 For review of this PUD Amendment application, the County may find it useful to review the content of the application and Staff Report leading to RESOLUTION NO. 2006-16, as well as the resolution content. The attached Staff Report (BOCC 02/06/06 FJ) document lists pertinent applicant representations, Staff analysis of the issues, and suggested findings. Our interpretation, in general, is that the previous (2006) owners diligently developed the PUD in accordance with all approvals. With that, we will address the lapse in completion of Phase 3F and reasons we believe the PUD timeframe should be extended. From Scott Dillard: “The great recession which started in 2008 had an enormous impact on the Pinyon Mesa Subdivision. Prior to the recession lots were selling at $220,000, on the contrary, the low-water mark for lot sales went down to $32,000 in 2012. The original developer had a completion date for the subdivision of 12/31/2010. Unfortunately, by this date the developer was completely underwater, named in numerous lawsuits, and the development was in the process of being foreclosed. By the time the current owner purchased what was remaining, which was 12/11/2013, the subdivision was far past its extension granted by Garfield County. The current owner would like to ask the County for an extension of the original PUD and Preliminary Plan. The owner is not changing a single thing from the original plan, and has hired the same engineers who worked on the project previously. Service agreements and plans with all providers are agreed upon and all water and sewer tap fees have been pre-paid. The impact of allowing the 32 units which were previously approved is far less than any other current plans on the table to add units to Garfield County. The additional tax proceeds to the County would be seen immediately, as the developer plans to plat, develop, and sell as soon as possible. Road impacts will be minimal, as Phase 2 of the development will use the current entrance, which already has a deceleration lane in place. Homes in this phase of the development would be coming online in conjunction with the new Eastbank School as well, which will immediately add to the enrollment of the new school.” SGM has contacted utility providers and HOA’s within the PUD including:  Spring Valley Sanitation District  Elk Springs HOA (now water provider (formerly Red Canyon Water Company))  Holy Cross Energy  Source Gas  CenturyLink  Pinyon Mesa HOA None of these organizations took exception to the potential future development of Pinyon Mesa Phase II and all entities had previously planned for that to occur. The HOAs indicated that they would have no objections. Utility providers indicated the no major upgrades would be required. Service could be provided simply by extending nearby lines into the Pinyon Mesa Phase II area. Sufficient water supply, storage and transmission main capacity exists to deliver potable water to the development. The existing wastewater lift station, which is located on this parcel, and the ____________________________________________________________________________________________ www.sgm-inc.com GLENWOOD SPRINGS 118 West Sixth St, Suite 200 | Glenwood Springs, CO 81601 | 970.945.1004 treatment plant also have built-in capacity for these 32 lots. Development of Phase 2 will allow existing overhead lines to be buried underground. Gas and telephone lines will simply be extended from Pinyon Mesa Phase 1 and CR 114 as envisioned in the Preliminary Plan approved in January 2007 (RESOLUTION 2007-04). This proposed PUD Amendment seems justified given that the lapse in completion was due to widespread, economic factors that occurred under previous ownership. Allowing development to occur in areas immediately adjacent to existing development where it has been planned will benefit the public interest by minimizing impacts on the environment, other land areas and day to day activities of the residents of Garfield County. Draft Revised PUD Plan An updated and complete proposed Los Amigos PUD Guide is attached for County review. This document was developed by starting with the base PUD info in RESOLUTION NO. 81-358 and then incorporating the modifications of all subsequent RESOLUTIONS. Though the form is somewhat different, the Zone District requirements substantially match the table currently published in the County’s website. We can make format and other changes that result from County review. Mr. Dillard and SGM believe that this letter and accompanying documents form a complete application. If you have any questions, concerns or additional requirements regarding this application, please contact me at (970) 945-1004 at your earliest convenience. Sincerely, SGM David M. Kotz, PE Project Manager cc: Scott Dillard Enclosures ) BOCC 02/06/06 FJ PROJECT INFORMATION AND STAFF COMMENTS REOUEST: APPLICANT: LEGAL COUNSEL: LOCATION: SITE DATA: WATER: SEWER: ACCESS: ZONING: I. DESCRIPTION OF THE PROPOSAL A me nd the tex t of th e Los A mi gos R anc h P UD Elk Mesa Properties, LLC Balcomb & Green A parcel of land located in portions of Sections 35 and 36, T6S, R89W; portions of Sections 31, 32, and 33 of T6S and R88W of the 6th P.M.: more practically located approximately 2 miles southeast of Glenwood Springs off of CR 114. 1,703.058 acres Central Water ISDS 1 Centra l System CR 114 PUD Elk Mesa Properties, LLC, current owner of all unsold lots of the Los Amigos Ranch PUD, requests the Board approve a request to a me nd the p has in g sc hedule of the Los Amigos Planned Unit Development suc h th at th e com mence me nt d ate (submission of Pre limin a ry Pl a n) of Phase 3 is ex te nde d fro m D ece mb e r 3 1, 2005 to Decem be r 31, 2008 , (a three yea r exten sio n). q You will recall, the Applicant received approval from the Planning Commission and the Board of County Commissioners to extend the commencement date for the same phase in October 2003 from December 31,2002 to December 31, 2005. This approval is memorialized in resolution 2004-05. This request is identical to their recent request where the Applicant w ill co ntinu e to adhe re to th e co mpl e ti o n d ead lin e of December 3 1, 20 I O. This phase designation 3 is described as the 80 high- density sing le-family lots in the Lower Valley of the Los Amigos Ranch PUD. Staff has provided the approved PUD phasing plan on the following page. The Applicant submitted a letter requesting the ) amendment. (E xhibit C). II. PUD PHASING PLAN APPROVED IN RESOLUTION 2004-05 Pllase Comelelioll o[ Designation Pllase Commencement Date De.eloemelll (per Des ignation Descrill.tioll olPhase (Submissioll of S"bdivisi011 (Preliminary (Final Pl1lt) Preliminary Pl1ln) Improvement Plan) Agreemetlt) I A Approx 38 lo ts on Road A and (I) Dece mb e r 3 1, 1996 Dece mb er 31 , 1999 lot adiacent to Fi li ng 2 2 B A pp rox 45 lots on· road A near December 3 1, 1999 Decem ber 3 1, 2002 water tank and on Road B 2 C Approx 45 lots through second December 3 1, 1999 December 3 1 , 2005 draw, Road D 2 D Approx 40 lots through third draw, Decemb e r 31 , 1999 December 3 1, 2008 Road E Remainder si ng le family lot s, rural 2 E res id e ntial lots a nd ne ighborhood December 3 1, 1999 Dece mber 3 1,20 I 0 commercial 3 F 80 high density single-family lo ts December 31, 2005 December '31,2010 in Lower Valley III. STAFF COMMENTS Section 4.12.03 of the Garfi e ld County Zoning Resoluti on identifies th e criteri a by which the B oard of County Commissioners may a ll o w for th e mo dification of a PUD plan. Spec ifi c ally , it s tates, all th ose provisions of th e Plan authorized Lo be en fo rced by the Co unty may be modified, remove d or rele ased by the County, subj ec t to the following (these criteria are listed below in bold italics followed by a respo nse): (1) No modification, removal or relea se of the provisions of the Plan by the County shall affect the rights of the residellts, occupants and oWllers of the PUD to maintain alld enforce those provisions at law or in equity; alld Respo nse The present application requ es ts a change in th e PUD zone tex t extending th e dead line for submittal of a preliminary pl a n application for that port ion of Los Amigos Ran c h PUD kn ow n as the "Lower Vall ey." No p art o f the Lower Valley ha s been devel ope d to thi s date. The Lower Valley is across County Road 114 a nd topographically lower than the re ma inder of the PUD . Th e application does n o t request any change in land use or locati on of com mo n ope n space for a ny porti o n of the PUD. The requ est therefo re s hould not affect right s of ow ne rs or res id e nts to maintain and enforce their ri g ht s at law or e quity. This stand ard is met. (2) No substantial modifications, removal or release of the provisions of the Plan by the County shall be permitted except UPOII a finding by the COUllty, following a public hearing called and held ill accordallce with the provisiolls of Sectioll 24-67-104. C.R.S., that the 2 modification, r emoval or release is consis tellt with the efficient development alld preservatioll . of the eJltire PUD does not affect in a substalltially adverse manner either the enjoymellt of lalld abutting upon or across a street from the PUD, or the public interest, and is not granted solely to confer a special benefit upon any person. Res ponse Th e re qu est to ex te nd th e dea dlin e for submittal of th e Preliminary Pl an fo r th e Lo we r Vall e y is justi fie d becau se the applicant h as dili ge ntly paltic ip a ted in th e c o nstructi on of a n ex pan sio n o f th e Sprin g Vall ey Sa nit a tion Di stri c t Waste wate r Tre atment Pl ant whi c h was ne cessary to pro vid e was tewate r trea tm e nt serv ic e to develo pm e nt in th e Lowe r V a ll ey w hi c h has obli ga te d 27 0 E QR 's to th e pro pe rt y. Additi o na ll y, th e physical wate r a nd sewer lin es ha ve bee n extend e d to th e prope lty a nd are prese ntly in pl ace to se rv e th e de ve lopm e nt wh e n deve lopm e nt occ ur s. Base d o n thi s, it ap pears the a ppli ca nt has co ns istently de m onstr a te d it s int e nt to de ve lop th e Low e r Va ll e y as pro v id ed in the PUD . The appli c ati o n re qu es ts o nly an ex te nsion of the time to s ubmit a pre limin ary pl a n ap pli c ati o n for th e Lowe r Valley , no t a re qu es t to ex tend the co mpl eti o n d a te fo r de ve lopment. As such , th e re qu e st ed zo ne text a me ndm ent is co nsi stent with the e ffi c ie nt deve lopment a nd preserv ati o n of th e entire PUD , d oes no t affect in a sub stanti a lly a dverse m a nn e r e ith e r th e e nj oy me nt o f land a buttin g up o n or ac ro ss th e street fr o m th e PUD , o r th e publi c inte rest, and is not gra nt e d so le ly to co nfe r a spec i al be nefit up on a ny per so n. Thi s sta ndard is met. (3) If time-share or fractiollal own ership units or other similar illterest in property are proposed after PUD ZOlling is granted by the Board of County Commissioners, an application for such de signation shall contaill ullallimous approval of all oWll ers of real property withill thePUD. Res pon se No fr ac ti o na l o wn e rship is c urre ntl y all owed w ithin th e PUD or pro pos ed by th e appli c ati o n . T hi s stand a rd i s me t. IV. SUGGESTED FINDINGS TO BOARD OF COUNTY COMMISSIONERS I. Th at th e meetin g b efo re the Co unt y Planning Commi ss ion and th e B oard of County Commiss io ne rs were ex tensive and co mplete, that all pertin e nt fac ts, matt e rs and issu es we re submitted and that a ll inte reste d parti es were hea rd at th e mee tin g. 2. That th e proposed PUD Am e ndm e nt can be de te rmined to be in th e bes t intere s t o f the he a lth , sa fe ty , m o rals, conveni e nce, o rder, p ros pe rity and we lfa re o f th e c it izens o f G a r fie ld County. 3. That th e a pplic ati o n has me t th e re quire me nt s o f th e Garfie ld Co unty Zo nin g Resoluti o n o f 1978 , as a me nd e d , s pec ifica lly Sect io n s 4 .12.0 3. 3 V. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends that the Board of County Commissioners approve the proposed text amendment of the Los Amigos Ranch PUD. 4 EOWARD MU LHALL, JR . SCOTT BALCOM B LAWRENCE R. GAEEN TIMOTH Y A . THUL SON DAVID C . HALLFORD CHRISTOPH ER L. COYLE THOMAS J. HART£RT CHRISTOPHER L . GEIO ER ANNE MARI E M CPHEE SARA M . DUNN DANIEL C. WENNOOLE ScOTT GRosse UP VIA HAND DELIVERY TO: Fred Jarman , Senior Plann er BALCOMB & GREEN, p.e. ATTORN E Y S A 'l ' L ,nv P . O. ORAWE;R 7n o 8 18 CO I ... OIV\OO AVENUE G I .• EN WOOD SPR I NGS, COLO RADO 8 '-6 02 TELEP II O~E : 970.0 '1 5.6546 F'A CS DIILF:; 070.0 '15.0769 \V\Vw.balcoll1b grccn .c om December 12, 2005 Gar fi e ld Co unty Building and Planning Department 10 8 8'" Street, Suite 20 1 Gle nwoo d Springs, CO 81601 Re: Applicatioll to Alllelld Los Allligos Rallch PUD Dear Fred: KENNETH SA-LeOMB ( 1 920-2005) OF COUN SEL : JOHN A . THU L SON SPECIAL COUN SEL: WALTER D . LOWRY As we h ave recently discussed, I am herew ith s ubmittin g an Application for a zo n e text ame ndm ent to the Los Anligos Ranch PUD . As su ggeste d b y the guide lin es for submittal requirements, two co pi es of thi s letter a nd a ll of it s attac hments (except for the fee) are being provided . This Application is s ubmitt ed on b eha lf of Elk Mesa Prop erti es, LLC, the owner of th e s ubject prop e rt y. The subject prop er ty is that portion of the Los Anligos Ranch PUD genera ll y described as th e 80 hi gh den s it y s in g le family lo ts in the Lower Vall ey (the "Lower Valley"). As yo u m ay recall, R eso luti o n No . 96-3 4 of the Board of County Com mi ss io ners of Garfi e ld Co unty, copy enclosed , esta bli shes th e operative zo ning ap proval for the PUD. Paragraph 21 of Resolution No. 96-3 4 establishes th e approved phasing sc h ed ul e for the PUD.' On October 6,2003, YOll w ill re ca ll th at portions of th e phasing sc hedul e se t forth in Reso lut io n No. 96-34 were amended by Resolution No. 98-30, "A Resolution Co ncerne d with th e App rova l of a Preliminary Plan for th e Los Amigos Ra nch, Filings 6 - 10 S ub division." The approved cha nge was to requ ir e that a final plat for the firs t development phase approved in s uc h pre limin ary plan was s ubmitt ed wit hin one year of th e preliminary plan approva l as required by Sec ti o n 4 :34 ofthe Garfie ld Co un ty Subd iv is io n Re gulati ons. T hi s dea dlin e was met b y th e Co unty 's a pproval ofthe F in a l Plat for Los Amigos Ranch Filing No.6 and the record in g of that Final Plat on Febllla ry 7,2001 as Reception No. 575830. The remai nd er of th e phas in g sc he dul e dead lin es se t forth in Reso tut ion No. 96-34 were not modifi e d by Reso lution No. 98-30. BALCOMB & GREEN, p.e. A'I"I'ORNEYS AT LA'V Fred J annan, Senior Planner December 12, 2005 Page 2 as reflected in Resolution 2004-05, copy enclosed, the Board of County Commissioners approved our request to amend paragraph 21 of Resolution 96-34, so that the deadline for submitting an application for preliminary plan for Phase Designation (Preliminary Plan) 3 was extended to December 31, 2005. By this letter, the Applicant is requesting the following amendment of paragraph 21 of Resolution No. 96-34, as previously amended by Resolution No. 2004-05: That the Commencement Date (Submission of Preliminary Plan) for Phase Designation (Preliminary Plan) 3 be changed from December 31,2005 to December 31,2008. We submit that the phasing schedule amendment requested by this Application is an amendment to the text of an approved PUD resolution which does not affect the shape, boundaries or area of any district within the PUD, and is therefore a "text amendment" under Section 10.01.01 of the Garfield County Zoning Resolution of 1978, and should be processed as such. Pursuantto Section 10.03 of the Garfield County Zoning Resolution, we submitthe following reasons to support the requested amendment: 1. To this date, the Applicant has diligently developed the PUD in accordance with the approved phasing schedule set out in paragraph 21 of Resolution No. 96-34 as modified by Resolution No. 98-30 and Resolution No. 2004-05. The Applicant obtained preliminary plan approval for Preliminary Plan Phase Designation 2 in accordance with the approved phasing schedule, and thereafter completed the development of Los Amigos Ranch, Filing No.6 and Filing No.7 (which equate to Phase Designations (Final Plat) Band C) in accordance with the phasing schedule. Commencing in approximately early fall of 1998 the Applicant commenced negotiations with the Spring Valley Sanitation District and other property owners within Spring Valley for the funding and construction of an expanded wastewater treatment facility, to be owned and operated by the Spring Valley Sanitation District, to provide wastewater treatment services to a large area of Spring Valley and the Lower Valley. These negotiations lasted well over a year and culminated in the execution of that certain Pre-Inclusion and Wastewater Treatment Plan Development Agreement dated December 15, 1999. Pursuant to that Agreement, the Spring Valley Sanitation District has now completed the construction of an expanded wastewater treatment facility which became operational in October, 2002. Under that Agreement, the Applicant paid approximately $1.1 Million ofthe construction costs ofthe plant, or approximately 25% ofthe total construction costs. In exchange for this payment, the Applicant has reserved 270 EQR's oftreatment capacity from the expanded wastewater treatment plant, 80 of which are allocated for the development of the Lower Valley. In addition, in connection with the construction of the new Spring Valley Sanitation District Wastewater treatment plant, and development of infrastructure to other phases of Los BALCOMB & GREEN, p.e. A'I"l'ORNEYS AT LA'V Fred J annan, Senior Planner December 12, 2005 Page 3 Amigos Ranch PUD, the Applicant has actually installed both water and sewer utility lines into the boundaries of the Lower Valley at a cost to the Applicant of several hundred thousand dollars. Under these facts, wastewater treatment service and domestic water service for the Lower Valley is in place, and an application for preliminary plan approval relying on these utility systems will now be appropriate. Given the uncertain economic conditions at this time, the Applicant is requesting an extension of time until December 31, 2008 to submit its preliminary plan application for the Lower Valley. Because the Applicant is not requesting any extension of the completion date for development ofthe Lower Valley, the entire PUD will be completed within 15 years ofthe PUD approval which is within the time frame allowed for the development of projects of this size as set forth in Section 4:34 of the Subdivision Regulations. Clearly, the Applicant has consistently evidenced its intent to fully develop the PUD as approved by Resolution No. 96-34. 2. By this request, the Applicant is asking only that the deadline to submit the preliminary plan for Phase Designation (Preliminary Plan) 3 in Resolution No. 2004-05 be extended until December 31, 2008. No extension of the completion deadline for the Lower Valley is requested. A request to amend a PUD is to be considered in the context of the criteria set forth in Section 4.12.03 of the Garfield County Zoning Resolution. We submit that this request is justified because it is consistent with those criteria. Section 4.12.03 of the Zoning Resolution states that all those provisions of a PUD plan authorize to be enforced by the County may be modified, removed or released by the County, subject to the following (the criteria are listed below in bold italics, followed by the Applicant's response): (1) No modificatioll, removal or release of the provisiolls of the Plall by the County shall affect the rights of the residellts, occupallts alld owners of tile PUD to maintain and ellforce those provisions at law or in equity: I. Response The present request is to change the approved phasing schedule in the PUD by extending the deadline for submitting the preliminary plan application for that portion of Los Amigos Ranch PUD known as the "Lower Valley." No part of the Lower Valley has been developed to this date. The Lower Valley is across County Road 114 and topographically lower than the remainder of the PUD. The application does not request any change in land use or location of common open space for any portion of the PUD. The request therefore should not affect rights of owners or residents to maintain and enforce their rights at law or equity. This standard is met. BALCOMB & GREEN, P.C. A'l"l'ORNEYS A'l' LA \V Fred J annan, Senior Planner December 12, 2005 Page 4 (2) No substantial modifications, removal or release of the provisiolls oftlte Plan by the Coullty shall be permitted except IIpOIl a fill ding by the COUlIty, followillg a public hearillg called alld held ill accordallce with the provisiolls of Sectioll 24- 67-104. C.R.S., that the modificatioll, removal or release is cOllsistellt with the efficiellt development alld preservatioll of the elltire PUD does llOt affect ill a substalltially adverse mallller either the elljoymellt of land abuttillg upon or across a street from the PUD, or the public interest, and is llOt grail ted solely to confer a special benefit UpOIl any person. Response The request to extend the deadline for submittal ofthe preliminary plan for the Lower Valley is justified because the applicant has diligently participated in the construction of an expansion ofthe Spring Valley Sanitation District Wastewater Treatment Plant which was necessary to provide wastewater treatment service to development in the Lower Valley and has installed water and sewer main lines to the Lower Valley. The applicant has consistently demonstrated its intent to develop the Lower Valley as provided in the PUD. The application requests only an extension of the time to submit a preliminary plan application for the Lower Valley; the Applicant does not request to extend the completion date for development. As such, the requested zone text amendment is consistent with the efficient development and preservation of the entire PUD, does not affect in a substantially adverse manner either the enjoyment ofland abutting upon or across the street from the PUD, or the public interest, and is not granted solely to confer a special benefit upon any person. This standard is met. (3) If time-share or fractiollal oWllership units or other similar interest ill property are proposed after PUD zoning is granted by the Board ofCoullty Commissioners, all application for slich designatioll shall contain unanimolls approval of all owners of real property withill the PUD. Response No fractional ownership is cUD'ently allowed within the PUD or proposed by the application. This standard is met. To complete this application, please find the following also enclosed: 1. Garfield County's Text Amendment to Zone DistrictlZoningResolution Application; 2. A letter from Elk Mesa Properties, LLC authorizing me to act on its behalf to submit and prosecute this application; 3. Garfield County's Agreement for Payment Fonn executed by Elk Mesa Properties, LLC; BALCOl\'!B & GREEN, p.e. A'I"I'ORi'.,rE;YS A'I' LAW Fred J annan, Senior Planner December 12,2005 Page 5 4. A current commitment for title insurance reflecting that Elk Mesa Properties, LLC is the owner of the subject property; and 5. Our check in the amount of$500.00 which we understand to be the application fee for processing a PUD text amendment. We look fOlward to working with YOll to process this application. LRGfbc Encls. xc: Gaty McElwee (w/ollt enc1s.) Very truly yours, BALCOMB & GREEN, P.e. awrence R. Green 1 Revised Los Amigos PUD Guide Compiled from Resolutions 79-15, 81-358, 96-34, 04-05, 06-16 and 2008-06 (Drafted February 18, 2016 for Pinyon Mesa II PUD Amendment) Zone Districts The planned unit development shall consist of four zone districts, the boundaries of which shall be indicated upon the final plat or plats of the Los Amigos Ranch, the planned unit development, which districts shall be designated as follows: Single-Family Residential District Multi-Family Residential District Neighborhood Commercial Open Space District Permitted Uses The uses permitted within said districts, together with the regulations affecting the usage of the lands contained therein, shall be as follows: Single-Family Residential District 1. Uses, by Right: Single.-Family dwelling and customary accessory uses. 2. Uses, Conditional: Churches", hospital, nursery, school site, home occupation. 3. Uses, Special: None. 4. Minimum Lot Area: 65,000 sq. ft.(sewer) 2 ac. (ISDS & sewer) 5. Minimum Setback: To be specified at time of final plat by showing permitted building envelopes. 6. Maximum Height of Buildings: 30 feet 7. Maximum Lot Coverage: 10 percent. 8. Maximum Floor Area Ratio: 15 percent. 9. Additional Requirements: All uses shall be subject to any and all of the provisions, covenants, conditions, and restrictions contained in this application and to additional previsions, covenants, conditions and restrictions by the recording of any supplemental declarations. 2 Multi-Family Residential District Zone District Permitted Conditional Uses Minimum Lot Area Max Lot Coverage Minimum Setbacks Max Height Max F.A.R M.F. (Multi Family) Lots 1 and 2 per Reso 96-34 Single family, two family and multiple family dwelling, and customary accessory uses, townhouses, condominium, common wall design, conditional uses same as S.F. (a) single family detached dwelling and two family dwellings: 7,500 square feet (3,750 s.f. for each duplex unit) (sewer) _____________ (b) Townhouses and condominiums zero lot-line attached single family dwellings: 600 square feet. (sewer) (a) not more than 50% ___________ (b) 100% (zero lot line). *Total lot coverage of each of Lots 1 and 2 of the Resubdivision of Los Amigos Ranch Filing No. 1 shall not exceed 50% of the total area of such lot. (a) front and back; 10’ sides ___________ (b) Zero lot line individual units. *All buildings shall be setback from the existing lot lines of Lots 1 and 2 of the Resubdivision of Los Amigos Ranch Filing No. 1 as follows: 25’ front and back; 10’ sides (a) 30’ _____ (b) 30’ (a) 0.5 __________ *Total floor area of all buildings located on Lot 1 or Lot 2 of the Resubdivision of Los Amigos Ranch Filing No. 1 shall not exceed 50% of the total area of such lot *Referenced zone district text applies to each of Lots 1 and 2 of the Resubdivision of Los Amigos Ranch Filing No. 1 as a whole, not to individually created townhouse, condominium, or attached single family dwelling lots . Rural Residential District 1. Uses, by Right: Single-family dwelling and accessory uses. 2. Uses, Conditional: Churches, hospital, nursery, school site, home occupation. 3. Uses, Special: None. 4. Minimum Lot Area: 35 acres (ISDS) 5. Minimum Setback: N/A 6. Maximum Height of Buildings: 30 feet. 7. Maximum Lot Coverage: N/A 8. Floor Area Ratio: N/A 9. Additional Requirements: All uses shall be subject to any and all provisions, covenants, conditions, and restrictions contained in this application and to additional provisions, covenants, conditions and restrictions by the recording of any supplemental declarations. These lots shall never be subject to resubdivision. 3 Neighborhood Commercial District 1. Uses, by Right: Single-family, retail groceries, drugstore, laundry service, furniture, appliances, hardware, clothing, garden supply, personal services, restaurant, and indoor recreation. 2. Uses, Conditional: None. 3. Uses, Special: None. 4. Minimum Lot Area: one acre (sewer) 5. Minimum Setback: a. Front yard- 25 feet from lot line b. Rear yard - 25 feet from lot line c. Side yard - 10 feet from lot line 6. Maximum Height of Buildings: 30 feet 7. Maximum Lot Coverage: 50 percent. 8. Maximum Floor Area Ratio: 50 percent. 9. Additional Requirements: All uses shall be subject to any and all provisions, covenants, conditions, and restrictions contained in this application and to additional provisions, covenants, conditions and restrictions by the recording of any supplemental declarations. School Site District 1. Uses, by Right: Elementary School, Nursery. 2. Uses, Conditional: None 3. Uses, Special: None. 4. Minimum Lot Area: N/A (sewer) 5. Minimum Setback: N/A 6. Maximum Height of Buildings: N/A 7. Minimum Lot Coverage: N/A Open Space District 1. Uses, by Right: Ranching, farming, and general agricultural activities, and accessory uses, thereto. 2. Uses, Conditional: None 3. Uses, Special: None. 4. Minimum Lot Area: N/A 5. Minimum Setback: N/A 6. Maximum Height of Buildings: N/A 7. Minimum Lot Coverage: N/A Area of Applicability The PUD covers the following described unincorporated area of Garfield County: Township 6 South, Range 88 West of the 6th P.M. Section 31: SE-¼ and Lot 2 Section 32: S-½ SW -¼, Lot 7 and SE-¼, SE-¼ Section 33: Lots 18 and 19 Township 7 South, Range 88 West of the 6th P.M. Section 5: Lots 3, 4, 5, 6, 7, 11 and the easterly ½ of lot 10, NE-¼ SW-¼, NW -¼ SE-¼, SE-¼ 4 NW -¼ and NE-¼ Section 6: Lots 2, 3, 4, 5, 6, 7, SW -¼ NE-¼ and NW -¼ -SE-¼ Township 6 South, Range 89 West of the 6th P.M. Section 35: Lots 1, 2, 10 and 16 Section 36: SE¼, N½ SW ¼ NE¼ NW¼ and Lots 1 and 2 EXCEPTING from the above described property the parcels of land as follows: 1. William E. Foster and Bruce Dixson by deed recorded in Book 374 at Page 480; 2. Colorado Mountain Junior College District by deeds recorded in Book 381 at Page 537 and Book 399 at Page 265; 3. Board of County Commissioners of Garfield County, Colorado, by deed recorded in Book 409 at Page 220. 4. All that portion of Lot' 2, Section 6, Township 7 South, Range 88 West of the 6th P.M. lying Southwesterly of the Southeasterly right of way line of a county road known as the "College Road". Parcel 1 That part of T.7 S., R. 88 W. of the 6th P.M., being all of Lot 9 and the Westerly one-half of Lot 10 of Sec. 5, all of Lot 5 of Sec. 8 and that part of Lot 4 of Sec. 8, lying Westerly of the westerly right-of-way line of a County Road as constructed an in place, the Westerly right-of-way line of said road being described as follows: Beginning at a point on the Southerly line of said Lot 4, said point being on the Westerly right-of-way line of said County Road, whence the NE Corner of said Sec. 8 bears: N.60◦03'34" E.1933.73 feet; thence N.03◦ 12.'18" E. 242.69 feet along the Westerly right-of-way line of said County Road; thence N.14◦ 58'08'' E, 144:01 feet along the Westerly right-of-way line of said County Road; thence N.52◦ 07' E.691.57 feet along the Westerly right-of-way line of said County Road to a point on the Northerly line of said Lot 4. EXCEPT the Westerly 1024 feet of said Lot 5, Sec. 8 and said Lot 9, Sec. 5. Parcel 2 Lot 8 of Sec. 5, Lots 8 and 9 of Sec. 6, Lots 10 and 11 of Sec. 7 and Lot 6 of Sec. 8, T. 7S, R.88W. of the 6th P.M. EXCEPT all that part thereof heretofore conveyed by deeds recorded as Document No. 249250 in Book 418 at Page 1; Document No. 248001 in Book 409 at Page 220. County of Garfield State of Colorado and The Westerly 1024 feet at Lot Five (5), Section Eight (8), and Lot 'Nine (9), Section Five (5), Township 7 South, Range 88 West of the 6th P.M., also known as Los Amigos Ranch PUD. WASTEWATER (from RESOLUTION 96-34) The (44) lots along “Road A” (Los Amigos Drive to the water tank) which could potentially drain into the Spring Valley Aquifer, all lots along Los Amigos Drive that currently lie within the Spring Valley Sanitation District, all lots depicted upon the PUD Plan as “High Density” single family lots, and all lots depicted upon the PUD Plan as “Multi-Family” units shall be serviced by central sewer provided by the Spring Valley Sanitation District. Given the economic inefficiencies and impracticalities associated with extending and maintaining central sewer service to the remaining westerly single family lots in the PUD, Applicant shall be allowed to service said remaining lots with individual sewage disposal systems (ISDS), subject to the following conditions: 5 (A) Applicant shall provide to the Board all information needed by the Board to review the environmental and health impacts presented by ISDS service, which shall also be forwarded to the Colorado Department of Health, Water Quality Control Division for their review and recommendation. (B) The Board finds that the Colorado Department of Health has made a favorable recommendation regarding the proposed method of sewage disposal as required by C.R.S. 30-28-136 (1)(g) UTILITIES (from RESOLUTION 96-34) Common open space areas shall be dedicated by the Applicant to the Los Amigos Ranch Homeowner’s Association in an amount that maintains a 50:50 ratio or greater, dedicated open space to developed land. The dedication of open space shall coincide with the approval of the applicable final plat. PHASING (from RESOLUTION 96-34) Applicant shall be entitled to develop the Los Amigos Ranch PUD pursuant to the Preliminary Plat and Final Plan phases set forth below. Phase Designation (Preliminary Plan) Phase Designation (Final Plat) Description of Phase Commencement Date (Submission of Preliminary Plan) Completion of Development Per Subdivision Improvement Agreement 1 A Approximately 38 lots on Road A and (1) lot adjacent to Filing 2 December 31, 1996 December 31, 1999 2 B Approximately 45 lots on Road A near water tank on Road B December 31, 1999 December 31, 2002 2 C Approximately 45 lots through second draw, Road D December 31, 1999 December 31, 2005 2 D Approximately 40 lots through third draw, Road E December 31, 1999 December 31, 2008 2 E Remaining single family lots, rural residential lots and neighborhood commercial December 31, 1999 December 31, 2010 3 F 80 high density single family lots in lower valley December 31, 2008 (Reso 2006-16) December 31, 2019 (Prop..PUD Amend 2/2016) Imagery ©2016 , DigitalGlobe, USDA Farm Service Agency Pinyon Mesa II 3.5 M ile Radius Roads Parcels Map by:Date:Pinyon Mesa II PUD AmendmentGarfield County, CO Projection: Lambert Conformal Conic Data Sources: The information displayed above is intended for general planning purposes. Refer to legal documentation/data sources for descriptions/locations. 1 I:\1981\01502\C\43\GIS\M XDs\Pinyon Mesa II PUD Amendm ent ®01/26/2016 RKK 0 4,000 8,000Feet Job No. Coordinate System: File: Page: 1502G NAD 1983 StatePlane Colorado Central FIP S 0502 Ft US ESRI, SG M, G arfield County 1:60,000 Area of Detail1:16,000 C a t t l e C r e e k R d C M C R d C M C Rd H w y 8 2 H w y 8 2 C M C R d