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HomeMy WebLinkAbout5.0 Resolution 2016-40 Substantial Modification-Text Amendment-. l l l li r rr iltJl l Hllll{J{f lll I hru.', lh } l#r l#fi fiH h,I f l il IReception$: 878399 OOl14l2016 04:O5:@9 Pll Jean nlberiooI of 10 Rec Fee:go.oo Doc F€e;o.OO GAnfleuo coUNTy cO STATE OF COLORADO County of Garfield ) )ss ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the 9th day of May, 2016,there were present: John Martin . Commissioner Chairman Mike Samson . Commissioner Tom Jankovskv . Commissioner Kevin Batchelder , County Manager TariWillams . County Aftorney Kellv Cave , Assistant County Attorney Jean Alberico . Clerk of the Board when the following proceedings, among others were had and done, to-wit: RESOLUTIONNO. AOI;.TO A RESOLUTION AMENDING THE TEXT OF TIIE LOS AMIGOS RA}.[CH PI.JD (RESOLUTTONNUMBER 2006-16) AS RECORDED ON FEBRUARY t5rtt,2006, RECORDED AS RECEPTION NI]MBER 692367,IN BOOK 1772 N PAGE 493. Recitals A. Garfield County is a legat and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act. B. The Los Amigos Planned Unit Development (PUD) was originally approved rmder Resolution 79-15 and was zubsequently amended under Resolution 81-358, Resolution 96-34, Resolution 2OO4-05, Resolution 2OO6-L6, and Resolution 2008-06; and B. Ou the 6ftday of Febnrary,2}O6,tho Board adopted RasolutionNo. 2006-16 concerning a Text Amendsrent to the Los Amigos Ranch Planned Unit Development, County of Garfield, State of Colorado to modiffthe Commencement Date and Completion Date forthe 3F Phase; atrd C. On April 13, 20l6,the Garfield County Planning Commission recommended approval with conditions for the proposed text amendment to the PIJD to modiff the Date of Completion from December 31, 2010, to December 37,2079, for Phase 3F as identified in Resolution 2006-16. D. On the 9m day of May, 20t6, the Board of County Commissioners opened a public hearing upon the question of whether a PUD Substantial Modification Text Amendment cbanging the Date of Completion for Phase 3F of the Los Amigos PUD from December 31,2010 to December 31,2019 Page I of5 II t t ill tu !l I il Il+ lil ri Hl tHltll+ I l|rll' F lrl I ] h l,{th h'l' E I I I I Receot ion$ : 878399 gZlaiS'lg"'l;3?r3?rE**l"F!"14?35'3E*'rELD couNTy co should be granted; granted with conditions, or denied. At said hearing, the public and iuterested persons were given the opportunity to express their opinions regarding the issuance of said arnendment. E. The Board closed the public hearing on the th day of May, 21l6,to make a final decision. G. The Board on the basis of evidence produced at the aforementioned hearing has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were zubmitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed PUD Substantial Modification Text Amendment to Los Amigos PUD is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. 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. NOW, TIIEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The Los Amigos Ranch PUD, adopted on the 6* duy of February, 2006, and identified as its Resolution No. 2006-16, shall be and hereby is amended and said language will be incorporated into the PUD Guide for the Los Amigos PUD as shown on the attached E)ftibit A. The fully updated and amended PIJD Guide for the Los Amigos PUD is attached as Exhibit B. B. The TextAmendmentto the Los Amigos PUD is hereby approved subjectto compliance with the following conditions: l. That all representations made by the Applicant in the application shallbe conditions of approval, unless specifically altered by the planning Commission. 2. The Applicant shall submit an updated and revised PUD Guide for review by Community Development and County Attomey Staff. Once accepted by County Staff, the Page 2 of5 I I I I H[r U?,IHI hI I ll'trlllHr,h I'th[r ll'ltHil'lll \ [Th il ll I ['"fl"-fi "fl"#fl.Effi ,"rP!.la?36'33*rrELDcouNryco ADOPTED trri, I 3 4 aay ofJrrr*r=, updated and revised PUD Guide shall be recorded with the County Recorder. ATTEST:. ofthe Board' Upon motion duly made and seconded the following vote: .2016 GAMIELD COUNTY BOARD OF GARFIELD COLORADO by the Ayp COMMISSIONER MIKE SAMSON ., Aye COMMISSIONER TOM JANKOVSKY . Aye STATE OF COLORADO County of Garlield County Clerk and ex-officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certiff that the annexed and foregoing Resolution is tnrly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WTINESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this _ day of A.D.2016. County Clerk and ex-officio Clerk of the Board of County Commissioners ) )ss ) ff*T--% Page 3 of5 lll lll,rlill, l$ilf],!!lh }ltll t'illl' i'l'titt hI l'lt'!l' hi' Il lll fr"'fl"'1l,dl:#i,ffi ',*'"*"F:'?a:66'EERFIELDcouNTYGo E}GIIBIT A Ins Amigos Ranch PtlD Phasing Plan, As Amended by this Resolution PnSSe 'Deslgnatior (Preliminary plan) Pnase DesBnation (Final Plat) DescripUon of Phase L;Ommencement Date (Submlsslon of Preliminary Ptan) complefirnol Devalopment Per SubdMsion lmprovemenl Aoraamanl 1 A Approximalsly 38 los on Road A and (1) lot adiacent to Filino 2 uocsmDer31.1990 December31,1999 2 B Approximately 45 lots on Road A near water tank on Road B December31,1999 December 31, 2002 2 c Approximately 45 lots through second draw- Road D DecemberSl,1999 December 31, 2005 2 D Approximately 40 lots through lhird draw Raad F December 31, 1999 December 31. 2008 2 E Remaining single fomily lols, rural resldenlial lots and naiahharhnad nnmmareial DecEmber3l,1999 Daoember 31, 2010 3 F 80 high density single family lots in lovervalley December31,2008 (R$o2(XFl5) ueoemDgr 51, zo19 erop-ruOAmend,rtltFl Page 4 of5 1u+f#j$'i,J#{ilrli|H::'}i:,:':::j::::'*' EXIIIBIT B Los Amigos Ranch PUD Guide Page 5 of5 llllHhnIE-lHlI]llIh{lilllhlljll'.,{tlu.fllll'Il'I$t'tsllll ['"fl'-1;'li#i:[J..;"8"',E-,"1"P!"14:E6.EERFIELDcouNrYco Kevlsed Los Amigos PUD Guide Compiled from Resolutbns 79-f 5, 81-358, 96-34,04-05, 0G16, 2007{,4 and 2008{6 (Drafted May 3, 2016 for Pinyon Mesa ll 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 permltted within said districts, togetherwith the regulations affecting the usage of the Iands contained therein, shall be as follows: Sinole-Familv Residential Distric{ 1. Uses. bv Right: Single.-Family dwelling and customary accessory uses. 2. Uses. Conditional: Churches", hospital, nursery, schoolsite, home ocoupation.g. Fses. specal'. ttone. 4. Minimum LotArea:65,000 sq. ft.(sewerl2ac. (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 Coveraqe: 10 percent. 8. Maximum FloorArea 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. H io h-Densitv Sinol e-Familv Residentia I District (from RES oLUTto N 2oo7 -04) 1. Uses. bv Riqht: Sinole,-Family dwelling and customary accessory uses.2. Uses. Conditional: Home Occupation. 3. Uses. Speciat: None. 4. Minimum Lot Area: 10,000 sq. fi 5. Minimum Setback FronURear: 25 feet, Sides: 10 feet 6. Maximum Height of Buildings: 28 feet 7, Maximum Lot Coveraoe:25 percent. 8. Maximum FloorArea=3294 square feet 9. Additional Requirements: AJ! uses sha!! be subject to any and all of the provisions, covenants, conditions, and restrictions contiained in this application and to additional previsions, covenants, conditions and restictions by the recording of any supplemental declarations. il I I il[r ill I I f{} tll L $11 L llTll rh H'{r I' lilr ll I }' lht h[ Il ll I Receotionf : 878399d*tq7iate @4:05r09 Pl'l Jean nlberioo ;-ai-i6-R;c-FeEl$o.oo ooc FeE:g-@0 GaRFIELD CoUNTY co Multi-Familv 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 duplox 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 !ine).*Totallot coverage of each of Lots 1and2 of the Resubdivision of Los Amigos Ranch Filing No. l shall not exceed 50% ofthe total area of such lot. (a) front and back; 10' sides (b) Zero lot line individual units. *All buildings shallbe setback from the existing lot lines of Lots 1 andz of the Resubdivision of Los Amigos Ranch Filing No.1 as follows:25' front and back; 10' sides (a) 30' (b) 30'*Totatfloor area of all buildings located on Lot 1 orLot2 of the ResubdMsion of Los Amigos Ranch Filing No. 1 shall not exceed 50% ofthe total area of such lot (a) 0.5 zone text anplies to each of Lols and 2 of the Resubdivision of Los Amlgos Ranch Filitw tlo. I as a whole, not to indMdually ueated townhouse, condominium, or attached single family dwelling lots. Rural Residential District 1. Uses. bv Righf Single-famity dwelling and accessory uses.2. Uses. Conditional: Churches, hospital, nursery, schoolsite, home occupation. 3. Uses. Special: None. 4. MinIlLUrLLot Area: 35 acres (ISDS) 5. Minimum Setback: N/A 6. Maximum Heiqht of Buildinqs: 30 feet. 7. Maxi@g-N/A 8. Floor Area Ratio: N/A 9. Additio[?l Reouirements.: All uses sha]l be subject to any and all proMsions, 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- ;il flLilllHJffi'FfltElt I Irl llrjt'lI lflrrr lltrrr tr rr I Receot i on$ : 878399 8% -14%*'F;3?iE?rE'o.i"F!.lA?65' 8E*F r ELD couNry c0 r\ennoornooo uommercial District 1. Uses, bv Riqht: 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 LotArea: one acre (sewer) 5. Minimum Setback: a. Front yard- 25 feet from lot line b. Rear yard - 25 feet tom 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 FloorArea 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, @venants, conditions and restrictions by the recording of any supplemental declarations. SchoolSite District 1. Uses. bv Rioht Elementary School, Nursery. 2. Uses. Conditional; None 3. Uses. Special: None. 4. Minimum Lot Area: NI/A (sewer) 5. Minimum Setback: N/A 6. Maximum Heiqht of Buildinps: N/A 7. Minimum Lot Coveraqe: N/A Open Space District 1. Uses. by Riqht Ranching, farming, and general agricultural activities, and accessory uses, thereto. 2. .U5gg..@itlgna[ None 3. Uses. Special: None. 4. Minjmum Lot Area: N/A 5. Minimum Setback N/A 6. Maximum Heioht of Buildinos: N/A 7. Minimum Lot Coveraqq: N/A Area of AoolicabiliW The PUD coverc the following described unincorporated area of Garfield County: Township 6 South. Flanoe 88 West of the 6th P.M. Section 31: SE-% and Lot 2 Section 32:$-%W,l-y4, Lot 7 and $Er/t,SE-% Section 33: Lots 18 and 19 Township 7 South, Range 88 West of the 6th P.M. Section 5: Lots 3, 4, 5, 6,7,11and the easterly %ollst10,NE-% SW-%, I{\ /-% SEr/o,SE-% NW-% and NE-% Section 6: Lots 2,3, 4,5,6,7, SW-% NE-% and NW-% .SE-y4 H il Hr.il H lltt tltl. lli ff lllfl I'i] il l"d,t l{ I[ Htl',tr'u"$il il ll I Reception#: 878399 g%i{3dA:"6f;3?i8?'B'o"l"F!"?6?35i33RFrELD couNry co Township 6 South, Range 89 West of the 6th P.M. Section 35: Lots 1,2, 10 and 16 Section 36: SE%, N%SW% NE% NW% and Lots 1and2 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. Allthat portion of Lof 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 ol T.7 S., R. 88 W. of the 6th P.M., being alt of Lot 9 and the Westerly one-half of Lot 10 of Sec. 5, all of Lot 5 of Sec. I 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 rightof-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. I bears: N.60"03'34' E.I933.73 feet; thence N.03' 12;18" E.242.69 feet atong the Westerly right-of-way line of said County Road; thence N.14. 58'08" E,144:0l 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 1O24 feet of said Lot 5, Sec. 8 and said Lot 9, Sec. 5. Parcel2 LotSof Sec.5,LotsSandgofSec.6,Lots10and11 of Sec. Tandlot6of Sec.8,T.75,R.88W.ofthe 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 1O24 feet at Lot Five (5), Section Eight (8), and Lot'Nine (9), Seition Five (5), Township 7 South, Range 88 West of the 6'n P.M., also known as Los Amigos Ranch PUD. WASTE1 /ATER (from RESoLUTIoN e6€4) The (44) lots along'Road A'(Los Amigos Drive to the watertank) which could potentially drain into the Spring Valley Aquifer, all lots along Los Amigos Drive that currently lie within the Spring Valley Sanitation Distric-t, all Iots depicted upon the PUD Plan as'High Density''single family lots, and all lots depicted upon the PUD Plan as "Multi-Famitf units shall be serviced by centralsewer provided by the Spring Valley Sanitation District. Given the economic inefficiencies and impracticalities associated with extending and maintaining centralsewer service to the remaining westerly gingle family Iots in the PUD, Applicant shall be allowed to service said remaining lots with individualsewage disposal systems (ISDS), subject to the following conditions: l Itl HlrrlttlEf/'l!lI lfltt|trilt|Hl"tfl ltttlF[I1lt!',It','l' I tl I Receotion$: 8783E9 otattdtzgrc o4:05:o9 Plt Jean Albericgi6';i' i6'F";'i;e;50'b-d o6c-ree,o.oo GARFIELD couNTY c0 (A/ Applcanr snarl proucle to the tsoard all information needed by the Board to review the environmental and health impacts presented by ISDS service, which shallalso be forwarded to the Colorado Department of Health, Water Quality Control Division fortheir 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 (1Xg) UTILITIES (hom RESoLUnoN e6-34) 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 e6{4) 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 (FinalPlat) Description of Phase Gommencement Date (Submission of Preliminary Plan) Completion of Development Per Subdivision lmprovement Aoreement 1 A Approximately 38 lots on Road A and (1) lot adjacent to Filino 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 DecemberSl,1999 December31,2005 2 D Approximately 40 lots through third draw. Road E December3l,1999 December 31, 2008 2 E Remaining single family lots, rural residential lots and neiqhborhood commercia! December 31, 1999 December 31,2010 3 F 80 high density single family lots in Iower valley December 31, 2008 (Reso 200S16) December31,2019 (Prop..PUD Amend 2nu6l