HomeMy WebLinkAbout3.0 Staff Report Extension Request BOCC 05.19.16Board of County Commissioners - Public Meeting Exhibits
Pinyon Mesa Filing 2 - Preliminary Plan
Extension Request
ApPlicant is RE DeveloPment CorP.
May 9, 2016
(File N/A)
./pp"qJ
(s ^a)
1 velopme@
2 OartietO Countv Comprehensive Plan q[]!Q!Q
3 tetter and Supportinq Materials from AppliL
4 Staff Report
5
6
7I
I
10
11
12
13
14
REQUEST
APPLICANT - PROPERTY OWNER
REPRESENTAT!VE
ASSESSOR'S PARCEL #
PROPERTY SIZE
LOCATION
ACCESS
EXISTING ZONING
BOCC 51912016
DP
Extension of an Expired Preliminary Plan -
Pinyon Mesa Subdivision
RE Development Corp.
Scott Dillard
2393-071-06-001
Pinyon Mesa Subdivision, Filing 2 is 33.798
acres.
The impacted area is a 33.798 acres
approximately 4.5 miles south
City of Glenwood Springs off State Highway 82
and County Road 114 and known as Parcel
Number 239307106001.
The property is accessed by County Road 114.
The property is zoned PUD - High Density
Single Family.
PROJECT INFORMATION AND STAFF COMMENTS
parcel
of the
GENERAL PROJECT DESCRIPTION
The Applicant is requesting to resurrect an expired Preliminary Plan for the Pinyon Mesa
Subdivision, as approved. The amendment would resurrect the Pinyon Mesa Subdivision
Preliminary Plan of the Los Amigos PUD which expired one year from the date of
approva!, per the Subdivision Regulations of 1984. As the Preliminary Plan was
approved on December 1 1 , 2006, the Preliminary Plan expired on December 1 1 ,2007.
The Resolution of Approval for the Preliminary Plan (2007-04) did not grant a longer
timeframe then that identified in the Subdivision Regulations of 1984, and no subsequent
extensions to the Preliminary Plan were approved by the Board. The Final Plat for Pinyon
Mesa Filing 1 was signed by the BOCC on October 8,2007 while Filing 2 has not yet
been submitted. No alteration to the Pinyon Mesa Subdivision Preliminary Plan, as
approved, or other amendments to the Los Amigos PUD are proposed. The impacted
parcels are zoned PUD - High Density Single Family.
Phase 3F of the Los Amigos PUD, which includes both Filings 1 and 2 of Pinyon Mesa
Subdivision, was approved for 80 high density single family lots in the lower valley area
of Los Amigos PUD. Of these 80 lots, 48 lots have been platted as a pafi of Los Amigos,
Filing 1. 32 Lots remain to be platted as part of Filing 2.
Vicinity Map
Location Map of Los Amigos PUD Phase 3F, Pinyon Mesa Filing 2
: r,rr1 i 1r 'ii ,' l
.iir]'l'.,i]i]! q
;.1!J15ln50ll:,t]0.!i )t01i.i
Proposed Site Plan of Pinyon Mesa Filing 2
,gmn
-El
s,IE
A6EESS
l.*
II. STAFF COMMENTS AND ANALYSIS
Regarding the expiration of Land Use Change Permits and Divisions of Land approvals,
Section 4-101(l)(4) states the following:
New Apptication Required. lf an Applicant fails to timely request an
ertension as sef forth in section 4-101.1., the approval will be void and the
Applicant must submit a new application for the desired Land Use Change
or division of tand approval notwithstanding the foregoing, the BOCC may
grant an ertension of an otherwise exoired approval upon a finding by the
4OCC that the faiture to file for an ertension was due b ertenuatino
circumstances and that it benefits the public interest to grant the extension.
The Applicant has submitted a letter stating that the extenuating circumstances lehding
to a Final Plat for Filing 2 not being approved prior to the expiration date include the
finandal impacts caused by the Great Recession and subsequent foreclosure. The
current owner purchased the property on December 11, 2013.
tt is Staff's opinion that due to the Preliminary Plan being previously approved as a part
of the larger Los Amigos PUD, the lack of any modifications proposed to the Preliminary
Plan approval from 2006, and the current need for housing in and around the Roaring
Fork Valley, that granting the extension is in the public interest.
Should the Board approve the request to extend this Preliminary Plan, then the property
owner will be able to move fonruard with submittal of the Final Plat. However, should the
Board not approve this extension, then the property owner wil! need to resubmit the
Preliminary irian as a new application which will require public hearings with both the
Planning Commission and the Board of County Commissioners.
III. SUGGESTED FINDINGS
1. That the failure to request a timely extension was caused by extenuating
circumstances and that granting of an extension of the Pinyon Mesa Preliminary Plan is
in the best interest of the heafth, safety, convenience, order, prosperity and welfare of
the citizens of Garfield County.
2. That with the adoption of conditions, the application is in general conformance
with the 2030 Comprehensive Plan, as amended.
g. That with the adoption of the Conditions of Approval the application has
adequately met the requirements of the Garfield County Land Use and Development
Code, as amended.
V. RECOMMENDATION
The following recommended conditions of approval are provided forthe Board of County
Commissioners consideration.
1. That a!! representations made by the Applicant in the application shall be conditions
of approva!, unless specifically altered by the Planning Commission.
2. That the Preliminary Plan for Pinyon Mesa Subdivision as approved under
Resolution 2OO7-04 is extended for a period of 1 year from the date of this
Resolution.
EXHIBIT
'.5
RE Development Corp.
2l County Road 126 Glenwood Springs, Colorado 8160lo Ph; 970-355-4080 o
E-Mail: scottdillardrealtor@gmail.com
tnD
Garfield County Board of County Commissioners
lO8 8th Sreet, Suite l0l
Glenwood Springs, Colorado 81601
Re: Preliminary Plan Re-instatement for Pinyon Mesa Phase 2
Dear Commissioners,
This letter is intended to follow what is hopefully a May 9, 2016 BOCC action
of approval regarding our Los Amigos PUDAmendment re-quest to extend the
timeframe for-completion the project. With that, RE Development Corp
respectfully requesfs that the BOCC grant a similar extension to the Pinyon
Meia Preliininiry Plan approved uni[er Resolution No. 2AO7-O4. Provisions for
this action are contemplated in LUDC section 4-101.I.4. which states:
"BOCC may grant an extension of an otherwise expired approval upon a
finding by ihe BOCC that failure to file for an extension was due to extenu+irg
circuristinces and that it benefits the public interest to grant the extension."
RE Development Corp.maintains that the expiration of the PUD was truly due
to extenuating criucmstances beyond our control and that completion of
Pinyon Mesa Phase 2 will benefit the public interest.
If you have driven up the CMC road in the pastyearygu *oqq haveseen the
imfressive amount of home construction going 9nin Pinyqq I{"tl. This has
noi always been the case. The great recession, which started in 2OO8, had an
enormous impact on the Pinyon Mesa Subdivision. Prior to the recession lots
were selling a[ $ZZO,O0O, on the contrary, the low-water mark for lot sales went
down to $31,000 in 2012. The original developer had a completion date for
the subdivision of 12/31/2OlO. Unfortunately, by this date the developer was
completely underwater, named in numerous lawsuits, an{ the developrnent
was in the process of being foreclosed. By the time the,RE Qeyglgpment Corp.
purchased what was remaining, which wisl2/ll/2013, the subdivision was far
past its extension granted by Garfield County.
Reinstatement of the pre-approved Preliminary Plan for Phase 2 will benefit
the citizens of GarfieldCounry by allowing growth to occur in an area where it
has been planned for. The ownei is not changing alythr_ng froln the original
plan, andhas hired the same engineers who worked on the project previously.-Service agreements and plans with all utility providers are agreed upon and all
Iirfl
water and sewer tap fees have been pre-paid. Utilities are essentially stubbed to
the property !ine. The impact of allowing the 32 units, which were previously
approved, is far less than any other current plans on the table to add units to
Garfield County. Road impacts will be minimal, as Phase 2 of the development
will use the current entrance, which already has a deceleration lane in place.
The additional tax proceeds to the County would be seen immediately, as the
developer plans to plat, develop, and sell as soon as possible. Homes in this
phase of the development would be coming online in conjunction with the new
Eastbank School as well, which will immediately add to the enrollment of the
new school. This phase is ready to go and there is an immediate need for *ris
product in the real estate market. All we need is for the original preliminary
plan to be re-instated sq that we can work with the staff to move towards Final
Plat. Thank you for yq$r time.
Best
Dillard, President
RE Development Corp.
SSGM
www.sgm-rnc.com
April25,2016
David Pesnichak, Senior Planner
Garfield County Community Development
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Re: Pinyon Mesa Phase ll
Preliminary Plan
Dear David,
This letter supports RE Development Corporation's request for the BOCC to grant an extension to
the approved Preliminary Plan for the Pinyon Mesa Subdivision. We expect that the BOCC will
consider this action if the proposed Los Amigos PUD Amendment for a time extension is
approved on May 9,2016.
Herewith, we are transmitting the complete Preliminary Plan set from 2006 in PDF format.
Please note that this plan set and application underwent extensive review by County Staff and
various review agencies. Engineering review was completed by Chris Hale, PE of Mountain
Cross Engineering. Ultimately, the BOCC unanimously approved the Preliminary Plan with
conditions as described in Resolution No. 2007-04 recorded at Reception #: 716948 (also
attached as a PDF). Other applicable documents and reports pertaining to the Preliminary Plan
are available on the County's website.
This proposed extension of the Preliminary Plan approval 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.
Regarding technical issues, please note that SGM was the Engineer-of-Record for all of Los
Amigos (aka Elk Springs) as wellas Pinyon Mesa Preliminary Plan and Phase 1 Final Plat. We
are proposing no changes to the existing Preliminary Plan as approved. ! have reviewed the
plans set and Resolution along with other components of the application. lt all seems to,work
and we will be able to submit a Pinyon Mesa Phase 2 Final Plat in stlict conformance with the
approved Preliminary Plan. !t is my understanding that County Staff will also seek engineering
review of the Final Plat.
Given the lapse in time, SGM has contacted the utility providers for Pinyon Mesa Phase 2
including:
. Spring Valley Sanitation District
o Elk Springs HOA (now water provider (formerly Red Canyon Water Company))
. Holy Cross Energy
o Black Hills Energy (formerly Source Gas)
o CenturyLink
GLENWOOD SPRINGS 118 West Sixth St, Suite 200 | Glenwood Springs, CO 81601 | 970.945.1004
w\^lw.sgm-rnc.com
As evidenced by the attached "will-serve" letters, none of these organizations took exception to
the development of Pinyon Mesa Phase 2.
Utility providers had previously planned for that to occur indicated the no major upgrades would
be required. Service could be provided simply by extending nearby lines into the Pinyon Mesa
Phase 2 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 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.
lf you have any questions, concerns or additional requirements regarding this request, please
contact me at (970) 945-1004 at your earliest convenience.
Sincerely,
bh
David M. Kotz, PE
Project Manager
cc: Scott Dillard
Enclosures
GLENWOOD SPRINGS 118 West Sixth St, Suite 200 | Glenwood Springs, CO 81601 I 970.945.1004
PINYON MESA
PRELIMINARYPLAN
- COI'ER SHEE|
1-' PRELIMIMRY PUf
OR' OIT-SIIE DRAIMGE I'IASIER PUTI
DR2 ON-SI|E I4ASIER DRAIMCE PUN
RPO-4 PINYOII TI€54 DRIW PUN Ii PROF1LE
RP5-7 PAINIEIRUSH W.4Y PUN .K PRONLE
RPA-9 SAGE lLlEANt( RAAC PUN & PROFILE
RP'O_'2 CLIFFROSE *AY PIAN Ii PRONLE
RP'J JUNIPER HILL UIIE PUN & PROFTLE
S'-2 SEWER CONNECTION TO LIFT SANON PUN & PROFILE
Uf,_2 i]|ILM IAS|EP PLAN
OI,D2 PAER, SEWER, DRAIMGE RAD,UY D€|AILS
,It'LYlfY il4P
NOBLE DESICN STUDIO
19351 TTICHTAY 02
CARBONDALE, COLORADO 81623
OWNER / APPL\CANT
ELK MESA PNOPENTIES. L.L.C.
2929 COUNTT ROAD 114
GLENtrOOD SPRINGS, COLORADO OI6OI
JOHN ELMORE II
253 SILWRLODE .DRIVE
ASPEN, COLORADO OI6IT
PREPARED BY:
SCHMUESER GORDON ME/ER INC.
I I I W. 6TH STREET, SunE 2OO
GLilwooD SPRTNGS, CoLoR^Do E | @ I(970) 945-rOO4 FN( (970) 945-5944
As,a, CeoRADo (9701 925-6727
CREsro BuYtE. CO (97O) 3495355
e
ERIGORDONIME/ER
ENGTNEERS ISURVEYORS
PROJECT ENGINEER:
DAN W. CORDON, P,E. 14507
.iii
,"-.y',/
*7
1l1'.
);i
1
I
1:I./';)
l;
)i, i
n
E
F
q
UI
fzt
tl
!, ii-
.i".fi
{1.r
IItf,
.ulI
I
.
GRAPHIC .<(ALT
r'!ca)
1\-
ffi**n*ffiw@tffi'ii*E^ffiBrer6@ww
MGNffi
PRELIMINARY
NOT
FOR
CONSTRUCTION
EOAD PfuW &
PROFILE
SEEET I,AYOUT
PINYON MESA
PRELIMINARY PIA,N
PINYON MESA
PRELIMINARY PLAN
^-9
Ee!F-
EB
Ea {r\E ,.N! dBec Ein
QE -I T::
!-:). '_\
,/,/,/.
r t-d-f
\
I\
tr6wMWM
f -MW@N
PRELIMINAFV
NOT
FOR
coNSrRUCION
uO it
a.
gq
.L\
a$ffi W$Mtu
f , wcw@N
PRELIMINARY
N07
FOR
CONSTRUCNON
Ess8L*
r lit
HUN
m
16
ir
:l
H
.zEO
HuuEE6
\:|
,{
Ilz-_,
EE
:E
$t
BE
\\j
\/
s.\$\J
,l
1
t,
i. /'
NY'/ '1
.E.,.
----a ..
qI
/ --\..r-
/: -r.\f -'>\n. :i_.
': 44
t
uNS;
FE
FS
H
MMC. tu ilsM' o@ao l# Ns MA NS|AL *V StAW
f fr oEtatL d ffir 02
f6M FNE.- fkilbs@; ;-r./..:4E : /
GhAPHIC SCALts
#
( |l 7tl, ,
PRELIMINAF|Y, NOTroR
CONSTRUCTION
,.fi
s
x
;
t^
l!
idIi!r
89r(
l^r
I
.zEO
isrEdeE8
Fl
,rl
*t:
t,i
..,
;t
!.1
at ili:t
'h+
!
Ea
s
$
$
,nk
I
$
Nq
EsE s{
EaEE
tElEt
EErIi
itili
ul
*El
:E H$
IiflHB
{.
Er
EI
E9
H.l:'lei
llp
s'
U
H
.l
I
H!d
t
l
I
art
Eet;
J !*r $E
tliiiilli
rN[-iEiiiiE
d$ts r 8{ieE!i \
iilii HNE:Eil I=
$i$i$EE
E:
Eid}T
Br
bE
;E
aa
Efi
rlt.,
I
E,Ifl
JE
Ei
$t
EI
id
tx
$I
EI
Ei
iE
Ell
{x
ua
rE
5edT
sl
n
d
lh
cI
rE
ut
E;
t.
FT
E}
ii
E;
Ei
EEI
(Ar:
t._
-cI
fj$,
sx ll
$ji
tI
H
tii
$EI
EI
-c
e
I
E$i*
E!EEI
u
E
I
!n\\
itrE
EE
ct
Ets
$3
I
ET
EE
I
E
Iq
1...
isr
l$e
*lE
'r8*
I
I
T!tl
II
t
I'I
NI
FI
H
$l
$l
t
ilNSi
FH
_2t&-
ffircEWdN
-ffiM,IW\Mnn@
M'NWEMLIN-ffidAME@
ffiilffiM&tMS(q@)w* M N4d.
frM,R fu*MNUYMNfrMNS
*tutr/w.M@f D
sftHttu
ffi@taaw-@*-** ry|#'
@b#fr*DRAIN INLET
*:,2'.,'<'
I/ALLEY PAI! DAAIL
PREL'MINARY
NOr
FOR
CONSIRUCTION
IfP. EI4ERGICY ROAD CROSS-SECIION
Mrmw
tt M *rtaN&qo*@e' ru&.E. rtuCamaEM
SECNON A-A SECNON B_B
YA?ER, DRAINAGE &
EOADYAY DETAILS
PINYON MESA
PREAMINARY PI.AN
)
)ss
)
llll i{,t }tl,llil HJl,lt,l,lr4 l+Hfl {fiiltrtiii ff | tl ll I
i,"a".,'.?rdfi[i,ffi 9r":,183?E.gp?p.d"38,fi i?"[d..
STATE OF COLORADO
County of Carfield
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado. held in tfr" Co*irissioners'Meeting Room, Garfield County PlazaBuilding. in
Glenwood Springs on Monday, December 11, 2006, there were present:
JohnMmtin-.--,CommissionerChajrman
L-.y lt{.C"*g, ' Commissioner
frdti norpt .- , Commissioner
D"t, D"F*.L ' CountY AttorneY
Mtld*,d Al-td"tf - - , Clerk of the Board
nO CrJ* - , CountY Manager
when the following proceedings, alnong others were had and done, to-wit:
RESOLUTION NO. 2go7-04
A RESOLUTION CONCERNED WMH THE APPROVAL OF A PRELMINARY
PLAN APPLICATION FOR THE PINYON MESA SUBDIVISION IN PHASE 3 OF
THELoSAMIGoSRANCHPLANNEDUNITDEVELoPMENT
WHEREAS, the Board of Courrty Commissioners of Garfield County, Colorado,
received a Preliminary Plan Application from Pinyon Mesa Development' LLC to
subdivide a 60.49-acre p.op.rty Giso known as Phase 3 of the l-os Amigos Ranch PUD)
in to g0 high-density singfe family residential lots and which prcpefiy is generally located
in lower Spring Valle!, approiimately I mile east of the Highway 82 / CR I 14
intersection-in the N /z of Sictions 7 and 8, Township 7 South, Range 88 West of the
Sixth P.M., Garfield CountY; and
WHEREAS, the subject property is located in the High Density Single Family
Zone District within Phase 3 of the Los Amigos Ranch Planned Unit Development
(PUD)I and
WHEREAS, on Ocrober 11,2006, the Garfield County Planning and Zoning
Commission forwarded a recommendation of approval with conditions to the Board of
County Commissioners for the Preliminary Plan; and
WHEREAS, on December l l, 2006, the Board of County Commissioners opened
a public hearing upon rhe question of whether the Preliminary Plan should tre granted,
Branted with condirions, or denied at which hearing the public and interested persons
irere given the opportunity to expres$ their opinions regarding the issuance of said
Preliminary Plan; and
f,q#',,','Heil',q*fl II!
j*;il'.iliH"[':'',,'
WHEREAS. rhe Board of County Commissioneni closed the public hearing on the
December I l, 2006 to make a final decision; and
WHEREAS, the Board
competent evidence Produced
determination of facts:
That proper publication, public notice, and posting was provided as require! by law
for the hiarings before tt" pl*ning and Zoning Commission and before the Board of
County Commissioners.
That the public hearings before the Planning and Zoning Cornmission and the Board
of Cotrnty Commissioners were extensive and complete; all pertinent facts, matters
and issues were submitted; and thar all interested parties were heard at those hearings.
The application is in compliance rvith the standards set forth in Section 4:00 of the
Garfield county subdivision Regulations of 1984. as amended.
That the proposed subdivision of la,nd is in compliance with the recommendations set
forth in the Comprehensive Plan for the unincorporated areas of the County'
The proposed subdivision of land c,rnforms to the Garfield County Zoning Resolution
of fbZS, as amended and the provisions of the High Density Single Family zone
district in the Los Amigos Ranch PUD.
6. The proposed use is in the besr interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of county
Commissioners of Garfield County, Colorado, that based on determination of facts set
forth above, the Preliminary Plan request is approved with the following conditions:
1.That all representations made by the Applicant in the application and as testimony
in the puUiic hearings before the Planning & Trlrung Commission urd Board of
County Commissioners shall be conditions of approval. unless specifically alt6r€d
by the Board of County Commissioners-
All internal roads shall be designed to have a road surface of at least two l2-foot
driving lanes with curb and gutter throughout the subdivision with a minimum
right of way of 50 feet. Such design of the internal road system shall be consistent
witb the design proposed to the IIOCC in the Preliminary Plan.
The length of the cul-de-sac represented as Pinyon Mesa Drive shall be allowed to
be designed, as shown, to 900 lineir feet and the bulb at the end of the cul-de-sac
may remain as designed with a landscaped island in the middle-
of County Commissioners on the basis of suhstantial
at the aforementioned hearing, has made the following
t.
2.
3.
4.
5.
2.
3.
Ill I il"'J lt':r, llF, llU, lH t lltl, l,l4lHilrl Llil, lf rl lit I I I I I I
Recept ions: 716948
02lOAl2OOT 04:38.23 Pl, B:1893 P:0355 Jcen A!berico3 ot 6 Rec Fee,g0,OO Doc Fee, GFRFIELD COUIITY C0
4.The Applicant shall furnish a design and specifications fbr the secondary
emergency point at the end of Paintbrush Way that indicates rhe ability to handle
Iarge / heavy emergency vehicles and methods of break-away gates or other
appropdate mechanism to deter use unless for emergency. This shall be prepared
and provided prior to final plat.
Applicant shall obtain a driveway access permit for both the main enEance into
the projects and for the secondary emergency access point onto CR I 14 these
shall be obtained prior to final plat.
The Applicant shall install a $top sign at each entrance to CR 114. The signs,
posts and location shall be as required by the MUTCD (Manual on Uniform
Traffic Control Devices). An intersection sign shall be placed on both sides of the
main entrance to the subdivision alerting uphill and downhill tmffic to the
entrance. The signs, posts and installation shall be as required in the MIJ"ICD
(Manual on Uniform Traffic Control Devices).
Pursuant to the suggestions by the Road and Bridge Department in Exhibit M, the
Applicant may either l) construct a right-hand turn lane should be installed on the
uphill lane to the main entrance to the subdivision and be reimbursed by the total
amount of Traffic Impact Fees required by the Development (approximately
$150,000.00) or 2) choose not t'r construct the improvement a only pay the Traffic
Impact Fee.
The Applicant shall pay the appropriately calculated Traffic Impact Fee for Study
Area lO which results in a fee of approximately $149,292.00. Only half of this fee
(approximately $74,646.00) is required to be paid at Final Plat with the remaining
half to be amortized by way of individual building permits as the project develops
over time.
9. The Applicant shall cause the conveyance of the School Percel by deed to the RE-
I School District prior to Final PIat or pay the appropriately calculated School /
Land Dedication Fee pursuant to the Subdivision Regulations.
10. All development of this property shall follow tle recommendations of the
Colorado Stat€ Forest Service as stated in their letter dated August 28,2006,
(attached as Exhibit N to the Staff report) which shall be incorporated into the
CCRs as a requiremcnt of the BOCC particularly as they relate to lots l7-2O,36-
48.66-72 and lots 59-65.
11. The Applicant shall pay-in-full the fire impact fee of $437 per dwelling unit to
Carbondale Fire Protection District at the time of Final Plat. (This fee shall be
$34,960.00)
12. The Applicant shall incorporate the recommendations contained in the "Wildlife
6.
7.
8.
_l
r,l ;f1l lt?,llllHri Ht[,tl'l, lilHl{tH[ ]lti iu ] ll I
Rc cept ionH : 716948
O2|O8!2@O7 04:38:23 Pl'l 8.1893 P:0366 Jean Albeirico4 ot 6 Rec Fee,$0.@0 Doc Fee: GARFIELD COUNIY C0
Analysis / Impact and Mitigation Report' prepaled by Rocky Mountain
Ecological Services, [nc. conterined in the Application and shall be included as a
component in the ccRs.
13. Prior to Final Plat submittal. the Applicant shall meet with the DOW in order to
prepare an Elk Management Plan due to the amount of critical wintering habitat
being eliminated with development. (This was not completed.)
14. The Applicant shall cause the open space tracts to be deeded to the Homeowners
Association as part of the Final Plat.
15. The Applicant shall provide a security for revegetation in the amount to be
determined by the County Vegetation Manager (based on disturbed acreage) for
all areas to be disturbed in connection with the final plat and the obligations of
said security which security shall be incorporated into the Subdivision
Improvements Agreement. The security shall be held by Garfield County until
vegetation has been successfully rcestablished according to the Rerlamation
Sundards in the Garfield County Vegetation Management Plan.
16. The Applicant shall provide a Soil Management Plan that includes l) provisions
for salvaging on-site topsoil, 2) a timetable for eliminating topsoil and/or
aggregate piles, and 3) a plan that provides for soil cover if any disturbances or
stockpiles will sit exposed for a period of 90 days or more. The Applicant shall
prepare this plan to be submitted with the final plat documents so that the County
can review prior to finalplat approval.
17. The Applicant shall follow all of the recommendations provided in the
geotechnical analysis prepared by HP Geotech (reports in the Application and
Exhibit S ro the Staff Report) as well as the follow the recommendations provided
by the Colorado Geologic Survey in their letter dated August 30, 2006 also
attached as Exhibit J to the staff report).
18. All easements of record shall be shown on the Final Plat.
19. The Applicant shall include the six points provided in the letter from the Bureau
of land Management dated August 22,2Cfl6 (and attached to the Staff report as
Exhibit P) in the CCRs to place residents in the PUD on notice of these issues.
The CCRs shall be provided as part of the Final Plat submittal.
20. The following plat noces shall he placed on the final plat.
h.
"Control ofnoxiotts weed.s is the respouibility of the property owner."
"One (l) dog will be allon'edfor each residential unit and the dog shall be
required to be confined w,ithin the owners propert* boundaries."
c- "No open hearth solid-fuel .fireplaces will be allow-ed anyn'here within the
lll il'rl,J ]t?,|+,tilil ffi ['a,lilfHf[+r.hll[t{ I lllReception$: 7169t18
O2|OA|2OOT 04 38:23 pltl B. rg93 P 0367 Jean ntberrca5 of 5 Rec Fee:$o.Co Doc Fee, GARFIELD C0UNrY C0
subdivision. One (l) neu, solid-fuel burning stove as defied by C.R.S- 25-7-
101, et. seq., and the regulation.s promulgated thereunder, u'ill be ailowed in
any dwelling unit. All dwelling units will be alloned an unresticted number
ofnatural gas burning stoves andappliances".
d. Nofunlrcr subdivision shall be allowed of a subdivided lot."
e, "All exterior lighting shall be the minimum amoun! necessary and that all
exterior lighting be directe:d inward and downward, towards the interior of
the subdivision, except that provisions may be made to allow for safery
lighting thot goe$ beyond the property hctundaries".
f. "Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et seq.
Inndowners, residents and pisitors mu.tt be prepared to accept the activities,
sights, sounds and smells of Gatfield County's agricultural operations as o
normal and necessary aspect of living in a County with a strong rural
character and a healthy rarrching sector. Those with an urban sensitivity may
perceive such activities, sights, sounds and smells only as inconvenience,
eyesore, noise and odor- However, State law and County policy provide that
ranching, farming or otltcr agricrtltural activities and operations withirt
Gaffield County shall not b,e considered to be nuisunces so long as operated
in conformance with the ktw and in a non-negligent manntr. Therefore, all
must be prepared to errcounter noises, odor, liglfis, ntud, dust, smoke
chemicals, machinery on public roads, livestock on public roads, storage arul
disposal of manure, and the applic'ation by spraying or otherwise of chemical
fertilizers, soil amendments, herbicides, and pesticides, an)- one or nrore of
which may naturally occur as a part of a lagal and non-negligent agricuburul
<tperations.
g. "All owners of land, whelher ranclt or residence, have obligations under State
law and County regulations with regard to the maintenance of fences ard
irrigatiott ditches, contrctl[ing weeds, keeping livestock tutd pets under
control, using propefi in accordarce with zoning, and other aspects of using
and m.aintaining property. Residents and landowners are enc:ouraged to learn
about lhese rights and resportsibiliries and act as good neighbors and citizens
of the County. A good introductory source for such infonttation is "A Guidt
to Rural Living & Small Scale Agriculture" put ottt by the Colorado State
Universitt Extension Ofice in Gafield Couttty."
h. "All lots shall require sile specific geotechnical studies before a building
pennit will be issued by the County Building Department and all foundatiortsslnll be designed by a profes,sional engineer licensed to prac.tice in Colarado.
i. Tttne Disffict Parameters:
Zonc Obtrlcl f;ongmomt
Urcr'
Hmlmum:Lot
Arse
tutmum
Lot
ulilmun
S.tbabkE
uuaflrllm
HCoht
mIl,llum
Floor Area
lll tlt'r lll,l*il Htl ll d,htJlHlJlillfflt{'fi lrl'l ll ll I
Receotion*: 7t6948oztodtzaoz o4r38:23 Pt't 8,1893 P:0368 Jean Alber^co6 of 6 Rec Fee:50.00 Doc Fee: GARFIELD COUNTY C0
Aat otfelcralr\ "A.D. 2007.
COMMISSIONERS,
G COUNTY.
Upon motion duly made and seconded the foregoin
the following vote:
Johqlvtartin - - 'AYe
Er,r,Mcco*n - - - 'AY"Tr6sHrupl - , 'AYe
STATE OF COLORADO
County of Garfield
County Clerk and ex-officio Cler.k of the
Board or@rs in and for the County and State aforesaid do hereby
cenify that the annexed and foregoing Resolution is Uuly copied from the Records of the
proceeding of the Board of County Cornmissioners for said Garfield County, now in my
office.
IN WrrNESS WHEREOF, I have hereunto set my hand and affixed the seal of
said County, at Glenwood Springs, this .- day of . A.D.2007
Gorcraae
Hign uenstty
Slngle FamilY
(HDSR
Home
Occupation 10,000 sq. ft.25c/"
Front / Rsar:
25'
Sides: 10'
28 teet 3,294 sq. ft.
GARFIELD
BOARD
COUNTY
OF
)
)ss
)
County Clerk and ex-officio Clerk of the Board of County Commissioners
Karp^Neu^H^q.p!gn;
James S. Neu
i.:"nampuuqrda'Yllursrnr
January 11,2016
Scott Dillard
sdi I l?rdreal tor{# g:mai Lc,.gm
Sander N. Karp*
James S. Neu
Karl J. Hanlon
Michael J. Sawyer
James F, Fosnaughl
Jefhey J. Conklin
Andrew A. Mueller
' rew d*e Lb0clcdLed@yur,t*Fc
Matthew L.'l'rinidad
Patrick L. Barker
Jon T. iloistad
Delphine ['. Janey
OfCounsel
Richard l. Zuber'r
Anna S. ltenberg
Greg S. Russi
Hollie L. Wieland
fiFet{behc*tt
fp4a, etndmtid L.t,e,
Glenwood Sorines Olfice
2or '76ffi;SffiooP.0. Drawer 2030
Glenwood Springs, CO 81602
Aqten Oflice*r.
323 W. Main Srreet, Suite 301
Aspcn,CO 816ll
'lilephone: (97 O) 9 4 5 -226 I
Factimile: (970) 915-7336
t:r:rr.m!!urlc!nt!!B-ti-mlga![
MWt4b
Re:
Dear Scott:
Spring Vallev Sanitation DistricUPinyon Mesa Phase II
PUD Amendment- Time Extension
As you know, we represent the Spring Valley Sanitation District (the "Distict"). It is my
understanding that you own a portion of Elk Springs PUD known as Pinyon Mesa Phase II which is
to be developed with thirty-two (32) single family dwellings (the "Property"). The Dishict has the
capacity in its wastewater treatment plant and can and will serve the Property with wastewater
treatrnent service subject to &e following conditions:
A complete set of sewer construction plans axe provided to the Dishict for its review
and approval;
The approval by the Distict of any Line Extension Agreement or Line Connection
Agreemenl that may be required by the Dishict's Rules and Regulations; and
Pursuant to the District's Rules and Regulations, the Applicant shall reimburse the
District for all costs incurred by the Distict regarding this project, including, but not
limited to legal and engineering review.
Please let me know if you have any questions.
Very truly yours,
KARP NEU HANLON, P.C.
l.
2.
3.
Z L
Kelly Mullane
es S. Neu
ELK SPRINGS HOMEOWNER'S ASSOCIATION
2929 County Road 114
Glenwood Springs, CO 81601
(970)94s-6399
February 16,2016
To Whom lt May Concern:
The Elk Springs Homeowner's Association (Association) owns and operates the potable water system for
the Los Amigos Ranch PUD.
The Red Canyon Water Company and the Elk Springs Homeowners Association agreed to deliver to the
Lower Valley (Pinyon Mesa), at the Point of Detivery, an amount of water sufficient to serve the
reasonable domestic and residential needs of up to eiehty (80) single family homes in a monthly volume
measured at the Master Water Meter not to exceed the Monthly Basic Allotment of 1,400,000 gallons of
water.
Red Canyon the Elk Springs Homeowners Association also committ"a "srppt.rental volumes of water
in excess of the Monthly Basic Allotment can be provided if such supplemental water is available to the
cornpany after the company fulfils all other water deliver obligations. ,,
The Association understands Pinyon Mesa Phase ll will be developed with thirty-two (32) single famity
lots which combined with the forty-eight (48) existing platted lots will complete development of the
eighty (80) lots envisioned in the Lower Valley.
By means of the letter, the Association acknowtedges the obligation to provide potable water to the
thirty-two {32} single family tots.
R. A. Sweikert
fio-
President Elk Springs Homeowner's Association
3/22n6
RE: Pinyon Mesa phase II
Dear RE Developm.ent Corp. :
The above mentioned development is within the certificated senrice area of Holy crosq Energy.
Holy cross Energy has-adequate power supply to provide electric power to the dwelopment,subject to the tariffs, rules and regulationstohr".'e"ypo*otinr enlargennents, relocations,and new extensions necessary to deliver adequate po*." to *o *itt io th" d;I,;p-ent will beundertaken by Holy cross Energy rpor, .o-iletion of appropriate conG"t ai udo*** *asubject to necessary govemmeotal approvals.
Please advise when you wish to proceed with the development of the electric system for thisproject.
Sincerely,
HOLY CROSS ENERGY
Chris BilbS
Engineering Deparhent
---D
Mtro-ffi
To:
March 2L,20!6
From: Matt Raper
Black Hills Energy
0095 County Rd. 150
Glenwood Springs, CO 81501
970-928-0407
David M. Kotz, PE, CFM
SGM
118 W Sixth St, Suite 200
Glenwood Springs, CO 81601
970-384-9008 I 97 0-37 9 -97 92
RE: Pinyon Mesa Phase ll
Dear David,
The above mentioned development is within the certificated service area of Black Hills Energy.
Black Hills Energy has existing natural gas facilities located on or near the above mentioned project. At
this time it appears that these existing facilities have adequate capacity to provide natural gas service to
your project, subject to the tariffs, rules, and regulations on file. Any upgrading of our facilities
necessary to deliver adequate service to and within the development will be undertaken by Black Hills
Energy upon completion of appropriate contractual agreements and subject to necessary governmental
approvals.
Please contact us with any questions regarding this project, and with a timeline of when you would like
to proceed with your project.
Sincerely,
Matt Raper
Construction Coordinator
Black Hills Energy
{H CenturyLintr-
Strprrger Connectsd*
03t2112016
Attn: David M. Kotz
SGM
118 W Sixth St, Suite 200
Glenwood Springs, CO. 81601
RE: Pinyon Mesa Phase ll
To whom it may concern:
Your request for facilities to Pinyon Mesa Phase ll is within CenturyLink's serving
area and will be provided in accordance with al! the rates and tariffs set forth by
the Colorado Public Utilities Commission.
Connections to CenturyLink facilities are contingent upon the customer meeting
all the requirements of the Utilities tariffs that are in effect for each requested
utility service at the time the application for service is made by the customer and
formatly accepted by CenturyLink. Connection requirements may include
provisions for necessary line extensions and/or other system improvements, and
payment of all applicable system development charges, recovery agreement
charges and other fees or charges applicable to the requested service.
Although CenturyLink diligently seeks to expand its facilities as necessary to
meet anticipated growth, CenturyLink services are provided to etigible customers
at the time of connection to the facilities on a "first come, first served" basis after
acceptance of the customer's application as described above. !n certain
instances, our facilities and capacities may be limited. Accordingly, no specific
allocations or amounts of CenturyLink facilities or supplies are reserved for
service to the subject property, and no commitments are made as to the
availability of CenturyLink service at future times.
Sincerely,
Jason Sharpe
Senior Field Engineer
970-328-8290