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Home My WebLink About2.0 Staff Report PC 11.11.10Planning Commission - Public Hearing Exhibits TCI Lane Ranch PUD Amendment - November 11,2O1O JmTrrdafu Wdlvtuab 'r ,1,'r(lil fi,ii rFitffill*:;,&#-r IAbEI A lntentionally left blank B Proof of Publication C Zorffis.Resolution of 1978, as amended D Garfield County Unified Land Use Resolution of 2008, as amended E Garfield Countv Comprehensive Plan of 2000, as amendedrApplication G StaffReoort H ResomtiO0g-lt Approving TCI Lane Ranch PUD and Preliminary Plan I Land Use Chanse Permit and PUD Guide recorded at ReceptionNo. 781907 J Resoiution 2Ol0-57 Approvine a one vear extemsion to the Preliminary Plan K fefiei0ated Septerrber 28, 2010 from Geneva Powell, GarCo Housing AqQq4qf- L Planned Unit Development Site Plan dated August 2010tB>l*Annt >{€?0r>dvo\- lrl rl '\0h,, ? B9> -s t'Es 6fF€ Blq:slBL RpN$$ =F+{\: I' $+$ $bE =h< Nh* =\zI t p =\r \)\E\r GUA=(t t-ss F I C- R =s R C\ N \ .-9 *iN.-s 6 \ \> =*<o\t$s$S-L} 4 -{ '\)1\t.sE FX+ '\ 1$A s+' d r--SD \- trE{,i\H\t s$sIssiil s I 1: Ss+s:a (- Jl--.-l c[ OM $$ + FE E *[-' - _\ >rs\ ^ REQUEST PROPERTY OWNER REPRESENTATIVE LOCATION Propertv lnformation: ACCESS EXISTING ZONING RECOMMENDATION TCI Lane Ranch PUD Amendment Planning Commission LLI LOI LO KE PROJECT INFORMATION AND STAFF COMMENTS PUD Amendment TCI Lane Ranch - provision of affordable housing units TCI Lane Ranch, LLC Jon Fredericks - LandWest Sections 31 & 32, Township 7 South, Range 87 west, approximately 3 miles east of Carbondale between State Highway 82 and the Roaring Fork River 100.52 acres CR 100 (Catherine Store Road) and Highway 82 Frontage Road PUD Approval I. GENERAT PROJECT DESCRIPTION TCI Lane Ranch, LLC is seeking to amend a component of the development proposal approved by the Board of County Commissioners in 2009. At the time of approval of the PUD the applicable code was the Zoning Resolution of L978, as amended, which required that land designated as High Density Residential provide at least 10% of the housing mix as affordable units. The Applicant proposed to provide fourteen (14) affordable housing units - nine (9) units as required by the regulations 54.07.15.01, and an additional five (5) 'employee units' that were proposed by the developer, but not required by the regulations. Economic factors have resulted in delays to the development, thus increasing initial costs. These increased costs have, and continue to, make it increasingly difficult to maintain a viable proje$ therefore the Applicant proposes to reduce the number of affordable units to the nine (9) units specifically required by the 1978 zoning code. The Unified Land Use Resolution of 2008, as amended, 58-102, Applicability, states: "These requirements for affordable housing shall apply to all land use change applications in Garfield County, such that t5% of the lots proposed in the development shall be developed with'affordable housing units. This regulation shall apply to developments proposing five (5) or more lots in Garfield County except as modified in Section 7-602, Affordable Housing Standards/Rurol Land Development Exemption.ln computing this requirement, any fraction of a unit lot above .50 will be rounded up and anyfractionofaunit]otlessthan.50willberoundeddown'ffidffi.t!ffi i hfli# rai*ruft{ qr, &rd,ffit r,rrder irli tb*i$asffi TCI Lane Ranch PUD Amendment Planning Commission LL/ t0l tO KE amended and Subdivision Regulations of 1984 as amended.] (Resolution 2009-53) (Resolution 2009- 871." This statement determines that the affordable housing calculation for TCI Lane Ranch PUD is based upon the "old" code, the requirementfor LO%of the units as affordable. HISTORY TCI Lane Ranch PUD and Preliminary Plan were approved by the Board and memorialized via Resolution 2OO9-7L, attached as EXHIBIT H. This approval rezoned the propefi to Planned Unit Developmenf and the preliminary plan approved 89 single-family and duplex lots on the 1100-acre site. An Amendment to the PUD was approved through an Administrative process allowing Community Greenhouses in the Community Center Zone District of the PUD. The determination of non-substantial modification was issued by the Director of Building and Planning and a Land Use Change Permit and PUD Guide were recorded, attached as EXHIBIT l. The Board of County Commissioner granted a one-year extension to the TCI Lane Ranch Preliminary Plan, via Resolution 2OLO-57 attached as EXHIBITJ. !I. TOCATION. ZONING AND ADJACENT USES TCI Lane Ranch PUD is located at the southeastern part of the County about 3 miles east of the Town of Carbondale. Access is provided from CR 100 (Catherine Store Road)to the Highway 82 Frontage Road. TCI Lane Ranch is adjacent to Blue Creek Ranch and the Roaring Fork River. The area is characterized as primarily residentialwith ElJebel and the Eagle County line approximately 1.5 miles to the east. I!I. REFERRAT AGENCIES Comments have been requested from the following agencies and comments received are integrated throughout this memorandum as applicable. 1. Garfield County Housing Authority - EXHIBtT K 2. County Attorney IV. REVIEW CRITERIA & STANDARDS All amendments to an approved PUD shall be processed as a Rezoning as set forth in 54-201, of Article lV, Application and Review Procedures. Code sections typically utilized in such a review would include 56-202, PUD Approval Standards, and 54- zOL 8., Rezoning Criteria. Due to the nature of this request being limited to affordable housing provisions, and the fact that there are no changes proposed to the zoning document (PUD Guide), those code sections are not applicable to this review. The onty the standards and criteria related to affordable housing provisions that are utilized in this review are 54.07.15.01 of the Zoning Resolution of L978, amended, which specifies a requirement for 10% of the PUD lots to be provided as affordable units, and TCI Lane Ranch PUD Amendment Planning Commission LL/ LO/ LO KE 58-102 of the Unified Land Use Resolution of 2008, as amended which defines the current 15% requirement for provision of affordable unit as not being applicable to this development. v. STAFF DTSCUSSTON The reduction of five (5) employee units is not something that staff would typically support, however the development will provide the nine (9) required affordable units. Staff would not support any reduction in number to required affordable units. Geneva Powelt, Executive Director of the Garfield County Housing Authority, responded to a referral request EXHIBIT K, that "...the developer states that they will provide the required 9 units but will not build the 5 voluntary units. Garfield County Housing Authority has no issues with this amendment." Clarification: lt is important to note that the same number of units will continue to be approved within the development, this change will allow the five (5) employee units to become free-market units. VI. SUGGESTED FINDINGS Should the Planning Commission recommend approval of the PUD Amendment request to the Board of County Commissioners, Staff suggests the following findings: 1. That proper public notice was provided as required for the hearing before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete, that a!! pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasont the requested PUD Amendment to decrease the number of affordable housing units within TCI Lane Ranch PUD to nine (9) is in the best interest of the health, safety, morals, convenience, order, prosperity and welfure of the citizens of Garfield County. 4. That the application has not adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended but the application is in compliance with County requirements that were in place at the time of the original approval of the PUD. VII. STAFFRECOMMENDATION, Staff recommends the Planning Commission fonrard a recommendation to Board of County Commissioners to approue the request for a PUD Amendment, TCI Lane Ranch, to decrease the number of affordable housing units in the development to nine (9) as noted on the Planned Unit Development Site Plan dated, August 2010. Garfield County BUILDING & PLANNING DEPARTMENT November 15,2010 Jon Fredericks, ASLA LandWest 345 Golorado Avenue, Suite 106 Carbondale, CO 81623 ion@ landwestcolorado. com Reference: TCI Lane Ranch PUD Amendment Garfield County File No.PDAA6579 Dear Jon; The Garfield County Planning Commission..held a public hearing on the requested PUD Amendment on Wednesday, November 10'n at which time they voted (5-2) to forward a recommendation of approval to the Board of County Commissioners (Board). We have scheduled the Board hearing on this matter for December 20, 2O1O commencing at 1 :15 p.m. An advertised public hearing is required with notice of the proposed action at a regularly scheduled meeting. The Applicant shall be solely responsible for the publication, property posting, and mailing of all notices. The Applicant shall present proof of publication at or before the meeting. The item cannot be heard if correct noticing requirements have not been met. Notice for the meeting shall be given as follows: 1. Notice by Publication. At least thirty (30) and not more than sixty (60) calendar days prior to the date of a scheduled public hearing before the Board of County Commissioner hearing, and at least tharty (30) and not more than sixty (60) calendar days prior to the date of a scheduled public hearing before the Board of County Commissioners, the applicant shall have published a notice of public hearing in a newspaper (Rifle Citizen Telegram is the only newspaper that meets this criteria) of general circulation in the area that the proposed land use change is located. Publication of said notice shall follow a form prescribed by the County. Enclosed is a suqoested public notice in Word format so you can add necessary information, such as the legal description of the subject site - or amend the proiect description to suit the application. The public notice documents for the Planning Commission public hearing are provided as a courtesy. The Applicant must veriff that all information provided in these 108 Eighth Street, Suite 401 . Glenwood Springs, CO 81601 (970) 945-8212. (970) 285-7972, Fax: (970) 384-3470 documents is correct. As always, it is the obligation of the Applicant to correct any deficiencies such that proper notice in form and substance can be established. Feelfree to contact me with any questions. CC: File RBFERRAL FORM Date Sent: Return Requested: Garfield County Building and Planning Department 108 86 Street, Suite 401, Glenwood Springs, CO 81601 970) 945-E2l2lEax File NumberAlame(s)Proiect Name(s)Tvpe of Application(s) PDAA6579 TCI Lane Ranch PUD PIID Amendment Staff Planner: Kathy Eastley (keastler rn garllt'ltl-cott rtl I .cottt)Phone 970-945-8212 Applicant: TCI Lane Ranch LLC Phone: Contact Person: JonFredericks - LandWest Phone: 970-963-1521 Location: Southeastern corner ofthe County just east of CR 100 (Catherine Store Road) on OId Highway 82 Summarv of Request: To anrend the provision of affordable housing 2[Fax. $701384-3470 The Gartield County Ptanning Department has neceived a land use nequest as nefenenced above. Your comments are an important part of the evaluation process. In order to ncview dl appropriate egency comments and incorporate them into the StafrReport, we request your nqrponse by daY AIYD date. GARFIELDCOTNTI'0ffcerDirision OTIIEX.NuderorDetail Housins Arthorih-\ Attome[s Ploming Ctmission II Borrd of Cuui-r- Ctmmissiooers 8 COLOL-TDOSTATE LOCALTED GO\T ENTIIIES DISTRICTS/SER\]CES Kathy A. Eastley From: Sent: To: Gc: Subiect: Jon Fredericks [ion@landWESTcolorado.com] Wednesday, October 06, 2010 4:28 PM 'Comstock, Richard' Fred Jarman; jbzostowicz@drexelbarrell.com; 'Bloor, Jaclyn'; Kathy A. Eastley RE: REVISION Request Received - Garfield County, CO (Case Number 10-08-1088R) - Response Required Bichard, I have received your email verifoing receipt of our application for TCI Lane Ranch. Xhank you- Jon Fredericks, ASLA EET lLrtrillt a I Lrr{olclrl Ancnrrrq?uxl I O;Vftott(ff,T ttffrfit 345 Colorado Ave. #106 Carbondale, colorido 8t6za p: 970.963.1521 ion@landWESTcolorado.com The information contained in this e-mail messa8e is intended for the use of the individual(s) and/or entity(ies) narned above. lt may contain sensitive and private proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. lf the reader of this message is not the intended recipien! you are hereby notified that any printinS, disclosure, dissemination, distribution, or copying of this communication or any part of it is strictly prohibited. From : Comstock, Richard [mai lto : RComstock@ m bakercorp.com] $ent: Wednesday, October 06, 2010 4:20 PM To: jon@landwestcolorado.com Cc fjarman@garfield-county.com; jbzostowicz@drexelbarrell.com; Bloor, Jaclyn Subject REVISION Request Received - Garfield County, CO (Case Number 10-08-1088R) - Response Required DearMr. Fredericks: We have received your request that the Departuent of Homeland Security's Federal Emergency Management Agency (FEMA) issue a conditional revision to the flood hazard infonnation on the applicable National Flood Insurance Program (I.[FIP) map for Garfield County, Colorado. This e-mail is being sent to officially acknowledge the receip of your request and replaces the paper copy acknowledgement letters previously issued by FEMA. We ask that you please resoond directly to this e-mail to veritv that it has been received. The case number assigrred to your request is l0-08-1088& and the project identifier is TCI Lane Ranch. We are reviewing your submitted data and will contact you if additional information is required to process your request. If additional information is not required, we will issue a final letter of determination within 90 days of receiving your request. If you have general questions about your request, FEMA policy, or the NFIP, please call the FEMA Map Information eXchange (FMX), toll free, at I-877-FEMA MAP (l-877-336-2627). If you have specific questions concerning your request, the case reviewer's contact information is listed below, or please contact the Revisions Coordinator for your request, Ms. Jaclyn Bloor, CFM, at ibloor@mbakercorp.com or at(720) 479-3160 Please be assured we will do our best to respond to all inquiries in a timely manner. Thankyor1 Richard Comstock Civil Associate II FEMA hoduction and Technical Services Contractor 165 South Union Blvd., Suite 200 Lakewoo4 CO80228 (720) 479-317s rcomstock@mbakercoro. com Confidentiality Notice: This e-mail tansmission may contain confldential or legally privileged information that is intended only for the individual or entity named in the e-mail address. Ifyou are not the intended recipient, you are hereby notified that any disclosure, copying, disfibution, or reliance upon the contents ofthis e-mail is stricfy prohibited. Garfield County BUILDING & PLANNING DEPARTMENT September 8, 2010 Jon Fredericks, ASLA LandVVest 345 Colorado Avenue, Suite 106 Carbondale, CO 81623 ion@ landwestcolorado. com Reference: TCI Lane Ranch PUD Amendment Garfield County File No.PDAA6579 Dear Jon; The Building and Planning Department has reviewed the submittal material for the TCI Lane Ranch PUD Amendment and determined that the application is technically complete. The Planning Commission hearing date has been set for November 10, 2010 at 6:3O p.m. As a matter of process, the Planning Commissions shall hold an advertised public hearing on the proposed action at a regularly scheduled meeting. The Applicant shall be solely responsible for the publication, property posting, and mailing of all notices. The Applicant shall present proof of publication and mailing at or before the meeting. The item cannot be heard if conect noticing requirements have not been met. Notice for the meeting shall be given as follows: 1. Notice by Publication. At least thirty (30) and not more than sixty (60) calendar days prior to the date of a scheduled public hearing before the Board of County Commissioner hearing, and at least thirty (30) and not more than sixty (60) calendar days prior to the date of a scheduled public hearing before the Board of County Commissioners, the applicant shall have published a notice of public hearing in a newspaper (Rifle Citizen Telegram is the only newspaper that meets this criteria) of general circulation in the area that the proposed land use change is located. Publication of said notice shall follow a form prescribed by the County. Enclosed is a suooested public notice in Word format so you can add necessary information, such as the legal description of the subiect site. The public notice documents for the Planning Commission public hearing are provided as a courtesy. The Applicant must veriff that all information provided in these documents is correct. As always, it is the obligation of the Applicant to conect any deficiencies such that proper notice in form and substance can be established. 108 Eighth Street, Suite 401 'Glenwood Springs, CO 81601 (970) 945-8212. (970) 285-7972' Fox: (970) i84-i470 Note: I have also enclosed a referral form which lists the federal, state and local agencies who will review the application as referral agencies, as well as the iianning Commission and Boaio of Gounty Commissioners. We will require td;t;e (21) copies of the application and all supplemental materials no later than Septerirodr zd, zoto. lf the copies have not been submitted by this date, your public hearing may beieopardized Feel free to contact me with any questions. Attachments