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
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STATE OF COLORADO
County of Garfield
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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
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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
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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
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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
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EXIIIBIT B
Los Amigos Ranch PUD Guide
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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.
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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-
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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
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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:
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(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
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