HomeMy WebLinkAbout2.0 BOCC Staff Report 09.07.2004• i
Exhibits for Public Hearing held on September 07, 2004
xhib
A
Proof of Publication
B
Garfield County Zoning Regulations of 1978, as amended
C
Staff Memorandum, 09/07/04
D
Application Materials
E
Lake Springs Ranch PUD Phasing Plan
• •
BOCC 09/07/04
FJ
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST Amend the text of the Lake Springs Ranch
Planned Unit Development (PUD)
APPLICANT Berkeley Family Limited Partnership and
Miriam Berkeley
REPRESENTATIVE(S) Schenk, Kerst, and deWinter, LLP
LOCATION 4001 County Road 114 (above CMC)
ZONING PUD (Planned Unit Development)
I. BACKGROUND
Lake Springs Ranch PUD, a property containing approximately 441 acres, was approved as a
PUD in 1979 and memorialized in Resolution 1979 — 64. The rezoning approved a plan that
envisioned a total of 195 single-family dwelling units to be constructed over the course of 5
phases. This PUD was slightly amended later the same year which reduced the lot count to 194
residential units. Ultimately, the PUD approval also included a phasing plan that required
\ "That the final plat for at least 25% of the 194 single-family residential lots within the PUD
V\ l shall be submitted in adequate time to assure final approval of this Board within twelve months
of the approval of this Resolution..."
Over the years, there have been several preliminary plan iterations but none that have been
formally approved. In 2002, the Board approved the latest preliminary plan for the Lake Springs
Ranch PUD which contained the following condition of approval (No. 6): "Approval of the
Preliminary plan requires the developer to complete the plating of all phases within 15 years of
the first final plat must be recorded within one year of the approval of the preliminary plan."
Most recently, in August, 2003, the Board approved a 1 -year extension to file the first final plat
by November 12, 2004. Also note, the approvals did not specify which phases needed to be
platted first. On August 25, 2004, the Planning Commission unanimously recommended the
Board approve this text amendment request.
II. REQUEST
The Applicant proposes to amend the phasing plan in the PUD to reduce the number of lots
required to be platted in the first final plat. Therefore, rather than plat 25% of 194 single-family
units (48.5 units), the Applicant proposes to plat 10.8% of 194 units (21 units) in the first final
plat which will be all the lots in Phase 5. [Note, the application specifies 196 units. This is a
typo and the correct number of units is 194 as stated above. In addition, Phase 5, or 21 lots is
1
•
actually 10.8% of 194.]
III. EXHIBITS
A. Application Materials (Exhibit D)
B. Phasing Plan (Exhibit E)
IV. STAFF COMMENTS
Section 4.12.03 of the Garfield County Zoning Resolution identifies the criteria the Board of
County Commissioners shall use to determine if a modification to a PUD is warranted (pursuant
to CRS 24-67-106(3)(a — c)). Specifically, it states, all those provisions of the Plan authorized to
be enforced by the County may be modified, removed or released by the County, subject to the
following (these criteria are listed below in bold italics followed by a Staff response):
(1) No modification, removal or release of the provisions of the Plan by the County shall
affect the rights of the residents, occupants and owners of the PUD to maintain and enforce
those provisions at law or in equity; and
(2) No substantial modifications, removal or release of the provisions' of the Plan by the
County shall be permitted except upon a finding by the County, following a public hearing
called and held in accordance with the provisions of Section 24-67-104. C.R.S., that the
modification, removal or release is consistent with the efficient development and preservation
of the entire PUD [and the modification] does not affect in a substantially adverse manner
either the enjoyment of land 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.
(3) If time-share or fractional ownership units or other similar interest in property are
proposed after PUD zoning is granted by the Board of County Commissioners, an application
for such designation shall contain unanimous approval of all owners of real property within
the PUD.
Staff Response
The application states that the proposed reduction of the requirements for the portion of the
PUD which must be finally platted in the first final plat will not affect the enjoyment of any
other land since this is simply a matter of timing for development and will not negatively effect
the public interest inasmuch as the lower percentage is consistent with current regulations and
does not represent any special benefit for any person. Staff agrees that since the proposal is
simply a timing change to the development phase, it remains consistent with the plan that was
approved. The property across CR 114 is also part of the Lake Springs Ranch PUD. Further the
property (Spring Valley PUD) above Lake Springs Ranch PUD recently entered into an
agreement with the Applicant to reroute a portion of CR 114 through Lake Springs Ranch for
the benefit of both projects. This proposal to reduce the lots in Phase one will not affect that
agreement. The PUD does not include any time-share or fractional ownership units. These
criteria are met.
2
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V. PLANNING COMMISSION & STAFF RECOMMENDATION & SUGGESTED
FINDINGS TO THE BOARD OF COUNTY COMMISSIONERS
The Planning Commission and Staff recommend the Board approve of the proposed amendment
to the text of the Lake Springs Ranch PUD finding that:
1. That the meeting before the County Planning Commission and the public hearing
before the Board of County Commissioners was extensive and complete, that all
pertinent facts, matters and issues were submitted and that all interested parties were
heard.
2. The proposed modification, removal or release of the provisions of the Plan by the
County does not affect the rights of the residents, occupants and owners of the PUD
to maintain and enforce those provisions at law or in equity; and
3. The PUD text is consistent with the efficient development and preservation of the
entire PUD [and the modification] affects in a substantially adverse manner either the
enjoyment of land 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.
4. That the proposed PUD Amendment has been determined to be in the best interest of
the health, safety, morals, convenience, order, prosperity and welfare of the citizens
of Garfield County.
5. That the application has met the requirements of the Garfield County Zoning
Resolution of 1978, as amended, specifically Sections 4.12.03.
3
Text Amendment to Zone District / Zoning Resolution
•
•
43 GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
R
JUL 0 9 2004
GARFIELD COUNTY
BUILDING & P Ai NTNG
GENERAL INFORMATION
(To be completed by the applicant.)
> Name of Applicant (Property Owner): BERKELEY FAMILY LIMITED PARTNERSHIP and
MIRIAM BERKELEY
> Address: 4001 County Road 114 Telephone: 970.945.2568
> City: Glenwood Springs State: co Zip Code: 81601 FAX: 970.947.001
> Name of Representative. if any (Planner, Attomey, etc):
John R. Schenk
> Address: 302 Eighth Street, Suite 310 Telephone: 970.945.2447
> City: Glenwood Springs State: CO Zip Code: 81601 FAX: 9 D . 945.4 67
> Specific Section of County Zoning Resolution of 1978 or PUD to be amended:
Resolution 79-64, Section 2.(b)
> Purpose for the proposed text amendment:
To reduce number of lots required for the first final plat.
STAFF USE ONLY
> Doc. No.: Date Submitted: TC Date:
> Planner: Hearing Date:
To:
From:
• •
APPLICATION FOR PUD TEXT AMENDMENT
Garfield County Commissioners
c/o Garfield County Building & Planning Department
108 Eighth Street, Suite 201
Glenwood Springs, CO 81601
Berkeley Family Limited Partnership and Miriam Berkeley
Subject: Zone District Text Amendment /Lake Springs Ranch PUD
1. Nature of Request: An amendment is requested to the text of the Lake Springs Ranch
Planned Unit Development Resolution which amendment will not affect the shape,
boundaries or area of any district in this PUD and which complies with the definition found
in the Garfield County Zoning Resolution of 1978, Section 10.01.01, for a Text Amendment.
1.
Text to be Amended: Resolution 79-64, a copy of which is annexed hereto, states in part in
Section 2.(b), as follows:
"That the final plat for at least 25% of the 195 single family residential lots within
the Planned Unit Development shall be submitted in adequate time to assure final
approval of this Board within twelve months of the approval of the Resolution.... "
3. Requested Change in the Text :
"That the final plat for at least 10% of the 196 single fancily residential lots ~within
the Planned Unit Development shall be submitted in each please of development of
the Planned Unit Development, "
4. Name and Address of Properry Owner (Applicant):
The Berkeley Family Partnership and Miriam Berkeley, 4001 County Road 114. Glenwood
Springs, Colorado, 81601, Telephone: 970.945.2568, Telecopier: 970.947.0012.
5. Name and Address of Owner's Representative:
John R. Schenk, Schenk, Kerst & deWinter, LLP. 302 Eighth Street, Suite 310. Glenwood
Springs. Colorado, 81601, Telephone: 970.945.2447, Telecopier: 970.945.4767.
6. Legal Description:
Township 6
Section 32:
Section 33:
Section -34:
South. Range 88 West. 6th P.M.
Lots 5 and 6
Lots 7 through 17 inclusive,
Lots 20 through 23 inclusive,
and NE'/4SE'/4
SW'/4S\'V1/4
Township 7 South, Range 88 West. 6th P.M.
Sprints :\ppilcation for PLD Tem Amendment.«p.i P(1_: 1 of 2
• •
Section 4: Lots 2, 3 and 9
EXCEPTING therefrom the above those portions conveyed to the Board of County
Commissioners of Garfield County for road purposes by documents recorded June 3, 1929,
in Book 159 at Page 85 as Reception No. 104496 and in Book 159 at Page 87 as Reception
No. 104498.
7 Existinu Use and Size of Property (in acres): Sod farm, other agricultural uses and single
family residences. 441.620 acres
8. Property's Current Zone District Desienation: PUD.
9. Proposed Zone District Designation: PUD.
10. Property's Current Comprehensive Plan Designation: PUD.
11. Property's "Study Area" Designation: 1.
Dated this 29th day of May 2004.
Applicants:
The Berkeley Family Partnership
4Jc
Miriam Berkeley
F: \t ii ' ..,.e Springs\Appiicjuon for PUD Text Amendment.wpd
Page 2 of
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Statement of Response to Sections 4.12.03(1) and (2) of the Zoning Regulations
Berkeley Family Limited Partnership and Miriam Berkeley
PUD Text Amendment
Lake Springs Ranch PUD
4.12 ENFORCEMENT AND MODIFICATION OF PROVISIONS OF THE PLAN
4.12.03 All those provisions of the Plan authorized to be enforced by the County may be
modified, removed or released by the County, subject to the following:
(1) No modification, removal or release of the provisions of the Plan by the County
shall affect the rights of the residents, occupants and owners of the PUD to maintain
and enforce those provisions at law or in equity; and
RESPONSE: The Applicants are the only residents, occupants and owners of
property in the PUD and the proposed amendment requirement for a final plat will
not effect any maintenance or enforcement aspect of the PUD.
(2) No substantial modifications, removal or release of the provisions of the Plan by
the County shall be permitted except upon a finding by the County, following a
public hearing called and held in accordance with the provisions of Section 24-67-
104, C.R.S., that the preservation of the entire PUD does not affect in a substantially
adverse manner either the enjoyment of land 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.
RESPONSE: The reduction of the requirements for the portion of the PUD which
must be finally platted in thefust final plat will not affect the enjoyment of any other
land since this is simply a matter of timing for development and will not negatively
effect the public interest inasmuch as the lower percentage is consistent with current
regulations and does not represent any special benefit for any person, again because
the change will make the PUD consistent with other projects.
FA'd B\PL'D Amendmcm Stutcment of Response to Section 5.03.wpd
•
Recorded at .3�i o'clock
Reception No. 4238"""f
QUIT CLAIM DEED
Michael E. Berkeley
whose address is 3961 County Road 114 ,Glenwood
Springs Countyof Garfield
,andStateof
Colorado
, for the consideration of TenDollars
Dollars, in hand paid,
hereby sell(s) and quit claim(s) to
Miriam M. Berkeley
whose address is 3961 County .Road 114, Glenwood
Springs Countyof Garfield
GARFIELD
E'1AY 2Doc4 . Fes 1991
tate
s Fx,L
,andStateof Colorado ,thefollowingreal
property, in the Countyof Garfield , and State of Colorado. to wit:
A parcel of land situated in Section 33, Township 6 South, Range
88 West of the Sixth Principle Meridian, County of Garfield, State
of Colorado, being more particulary described as follows:
oeginning at a point on the east- west centerline :: :1:d lection
33 whence - the East 1/4 corner of said Section 33 bears S 88 degrees
28' J7" i. 565.00 feet: thence S 43 degrees 00'00" W 780 feet; theacc
S 48 degrees 7 330 feet; tnence S 40 degrees 00' 00" 7 160.00 feet;
S 44 degrees 00'00" C7 104.80 feet; thence N as
W 1078.18 feet; thence N 01 degrees 31' 23" E
,rut to a
point on the east -west centerline of said Section 33; thence along
it
II
I
the east -west centerline of said Section 33 S 88 degrees 28' ;;7"
E 2001.00 feet to the point of beginning. Saud -arcs: .....__cs 26.0
acres, more or less.
also !mown as Street and number
with all its appurtenances
Signed this day of may
'291
STATE OF COLORADO,
aL
County of
The>loreeoin`instrutnenst was acknowledged before me this c "`
19 7/ ,by •). c!•ti E. jeecary Bayo!
i,'; -
My commission expires
WITNESS my hand and official SeaL
+un rub.
'4o.898. Rev. 2-85. QUTT CLAIM CETD SEs. forest
Lata.+/WNW.. 1141 Wale< Si. . D..... 1..0 WO: —..J11 _p, ..Z1)—
. n
•
GARFiE, D
SPECIAL WARRANTY State Doc. Fee
Michael E. Berkeley and Miriam M. Berkeley, Grantors, for consideration or en v
Dollars and other good and valuable consideration, in hand paid, hereby sell and convey to The
Berkeley Family Limited Partnership, a Colorado limited partnership, Grantee, whose legal
address is 3961 County Road 114, Glenwood Springs, CO 81601, the following real property
in the County of Garfield and State of Colorado, to -wit:
Township 6 South Range 88 West of the 6th P.M.
Section 32:
Section 33:
Section 34:
Lots5and6
Lots 7 through 17 inclusive, Lot 20 through 23, inclusive,
and NE'/SEVI
SW V/ SW'/4
Township 7 South Range 88 West of the 6th P.M.
Section 4: Lots 2, 3, and 9
EXCEPTING therefrom that parcel of land described on Deed recorded as Reception No.
419600 in Book 795 at Page 72 of the Garfield County records.
AND EXCEPTING therefrom the above, those portions conveyed to the Board of County
Commissioners of Garfield County for road purposes by documents recorded June 3, 1929, in
Book 159 at Page 85 as Reception No. 104496 and in Book 159 at Page 87 as Reception No.
104498.
with all its appurtenances, and warrant the title to the same against alI persons claiming under
the Grantors.
SIGNED this
15th dav of April
STATE OF COLORADO )
COUNTY OF GARFIELD )
. 41L
April
ss.
, 1994.
ichael E. Berkeley
Miriam M. Berkeley
1u1=6Lnng instrument was acxnowteaged before me this
1994 by Michael E. Berkeley and Miriam M. Berkeley.
WITNESS my hand and official seal.
My commission expires: 9/13/94
day of
d4(t
Notary Public - Barbara 0. Keller
JOHN R. SCHENK
DAN KERST
WILLIAM J. deWINTER. 111
CAROLYN M. STRAITMAN
r •
SCHENK. KERST & deWINTER, LLP
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
ATTORNEYS AT LAW
302 EIGHTH STREET. SUITE 310
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-2447
TELECOPIER: (970) 945-4767
June 8, 2004
Garfield County Building & Planning Department
108 Eir!17tr Street, Suite 201
Glel]«vu� .vriiigs, CO 81601
Re: Berkeley Family Limited Partnership and Miriam Berkeley
PUD Text Amendment
Lake Springs Ranch PUD
Greetings:
In support of an application for a PUD Text Amendment requested by the Berkeley Family
Limited Partnership and Miriam Berkeley, enclosed are the following documents, submitted in
duplicate:
1. Application for PUD Text Amendment executed by the Berkeley Family Limited Partnership
and by Miriam Berkeley.
2. Our check in the amount of $400.00 representing the base fee for this application.
3. The current vesting deeds for this property with the legal description set out on the same.
4. A separate Statement of Response to Sections 4.12.03 (1) and (2) of the Zoning Regulations.
If any aspect of this application is deficient, please contact me.
Very truly yours,
JOHN R. SCHENK
JRS/clh
Enc.
cc: Michael Berkeley, M.D.
FAM B'PUD Amendmem\Garfield County Building & Planning I.wpd
I
LEGEND
RESIDENTIAL ZONE
PER G.C. RESOLUTION /79-84 AND /79-153
AGRICULTURIAL/OPEN SPACE ZONE
PER G.C. RESOLUTION /79-64 AND /79-153
RESIDENTIAL/CLUSTER HOUSING ZONE
PER G.C. RESOLUTION /79-64 AND /79-153
HIGH COUNTRY ENGINEERING, INC.
1517 BLAKE AVENUE,
SUfNE 101
GLENWOOD SPRINGS, CO 81601
PH.(970) 945-8676
FX.(970) 945-2555
14 INVERNESS DRIVE EAST,
SUfrE D136
ENGLEWOOD, CO 80112
PH.(303) 925-0554
FX(303) 925-0547
ORIGINAL P.U.D.
ZONE DISTRICT
SUMMARY
ZONE
RESIDENTIAL/SINGLE FAMILY
RESIDENTIAL/CLUSTER HOUSING
AGRICULTURAL/OPENSPACE/SCHOOL
RIGHT—OF—WAY
TOTAL
PROPOSED 2002 P.U.D.
PRELIMINARY PLAN
LAND USE SUMMARY
ACRES
229.242
25.368
150.066
32951
441.756±
ZONE
RESIDENTIAL/SINGLE FAMILY
RESIDENTIAL/CLUSTER HOUSING
AGRICULTURAL/OPEN SPACE/SCHOOL
RIGHT—OF-WAY
TOTAL
ACRES
231.430
25.245
1'51.875
33.070
441.620±
B.F.L.P.
GARFIELD COUNTY, CO
LAKE SPRINGS, PUD
ZONE MAP
SCALE:1' =1000'
ZONE--MAP.DWG
DES. DJW
CK:
DR. DJW
FILE NO.
DATE: 4/8/02 2021003.54
SHEET
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PC 08/25/04
FJ
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST Amend the text of the Lake Springs Ranch
PUD
APPLICANT Berkeley Family Limited Partnership and
Miriam Berkeley
REPRESENTATIVE(S) Schenk, Kerst, and deWinter, LLP
LOCATION 4001 County Road 114 (above CMC)
ZONING PUD (Planned Unit Development)
I. BACKGROUND
Lake Springs Ranch PUD, a property containing approximately 441 acres, was approved as a
PUD in 1979 and memorialized in Resolution 1979 — 64. The rezoning approved a plan that
envisioned a total of 195 single-family dwelling units to be constructed over the course of 5
phases. This PUD was slightly amended later the same year which reduced the lot count to 194
residential units. Ultimately, the PUD approval also included a phasing plan that required
"That the final plat for at least 25% of the 194 single-family residential lots within the PUD
shall be submitted in adequate time to assure final approval of this Board within twelve months
of the approval of this Resolution..."
Over the years, there have been several preliminary plan iterations but none that have been
formally approved. In 2002, the Board approved the latest preliminary plan for the Lake Springs
Ranch PUD which contained the following condition of approval (No. 6): `Approval of the
Preliminary plan requires the developer to complete the plating of all phases within 15 years of
the first final plat must be recorded within one year of the approval of the preliminary plan."
Most recently, in August, 2003, the Board approved a 1 -year extension to file the first final plat
by November 12, 2004. Also note, the approvals did not specify which phases needed to be
platted first.
II. REQUEST
The Applicant proposes to amend the phasing plan in the PUD to reduce the number of lots
required to be platted in the first final plat. Therefore, rather than plat 25% of 194 single-family
units (48.5 units), the Applicant proposes to plat 10.8% of 194 units (21 units) in the first final
plat which will be all the lots in Phase 5. [Note, the application specifies 196 units. This is a
typo and the correct number of units is 194 as stated above. In addition, Phase 5, or 21 lots is
actually 10.8% of 194.]
1
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6'z C)11 -A---\ �'Z i� /44/1''
9--A a/
• •
III. ATTACHMENTS
A. Application materials
B. Phasing Plan
IV. STAFF COMMENTS
Section 4.12.03 of the Garfield County Zoning Resolution identifies the criteria the Board of
County Commissioners shall use to determine if a modification to a PUD is warranted (pursuant
to CRS 24-67-106(3)(a — c)). Specifically, it states, all those provisions of the Plan authorized to
be enforced by the County may be modified, removed or released by the County, subject to the
following (these criteria are listed below in bold italics followed by a Staff response):
(1) No modification, removal or release of the provisions of the Plan by the County shall
affect the rights of the residents, occupants and owners of the PUD to maintain and enforce
those provisions at law or in equity; and
Staff Response
The application states that the Applicants are the only residents, occupants, and owners of the
property within the PUD. As such the proposed change will not affect the rights of any other
residents, occupants and owners of the PUD to maintain and enforce those provisions at law or
in equity. This criterion is met.
(2) No substantial modifications, removal or release of the provisions of the Plan by the
County shall be permitted except upon a finding by the County, following a public hearing
called and held in accordance with the provisions of Section 24-67-104. C.R.S., that the
modification, removal or release is consistent with the efficient development and preservation
of the entire PUD [and the modification] does not affect in a substantially adverse manner
either the enjoyment of land 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.
Staff Response
The application states that the proposed reduction of the requirements for the portion of the
PUD which must be finally platted in the first final plat will not affect the enjoyment of any
other land since this is simply a matter of timing for development and will not negatively effect
the public interest inasmuch as the lower percentage is consistent with current regulations and
does not represent any special benefit for any person. Staff agrees that since the proposal is
simply a timing change to the development phase, it remains consistent with the plan that was
approved. The property across CR 114 is also part of the Lake Springs Ranch PUD. Further the
property (Spring Valley PUD) above Lake Springs Ranch PUD recently entered into an
agreement with the Applicant to reroute a portion of CR 114 through Lake Springs Ranch for
the benefit of both projects. This proposal to reduce the lots in Phase one will not affect that
agreement. This criterion is met.
2
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(3) If time-share or fractional ownership units or other similar interest in property are
proposed after PUD zoning is granted by the Board of County Commissioners, an application
for such designation shall contain unanimous approval of all owners of real property within
the PUD.
Staff Response
The PUD does not include any time-share or fractional ownership units. This criterion is met.
V. STAFF RECOMMENDATION & SUGGESTED FINDINGS TO THE BOARD OF
COUNTY COMMISSIONERS
Staff recommends the Planning Commission recommend approval of the proposed amendment
to the text of the Lake Springs Ranch PUD to the Board of County Commissioners finding that:
1. That the meeting before the County Planning Commission and the public hearing
before the Board of County Commissioners was extensive and complete, that all
pertinent facts, matters and issues were submitted and that all interested parties were
heard.
2. The proposed modification, removal or release of the provisions of the Plan by the
County does not affect the rights of the residents, occupants and owners of the PUD
to maintain and enforce those provisions at law or in equity; and
3. The PUD text is consistent with the efficient development and preservation of the
entire PUD [and the modification] affects in a substantially adverse manner either the
enjoyment of land 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.
4. That the proposed PUD Amendment has been determined to be in the best interest of
the health, safety, morals, convenience, order, prosperity and welfare of the citizens
of Garfield County.
5. That the application has met the requirements of the Garfield County Zoning
Resolution of 1978, as amended, specifically Sections 4.12.03.
3
• •
average daily vehicle count of Garfield County Roads. The data in this study determined that
43 average daily trips use the intersection of CR 138 and Highway 6. An analysis comparing
the existing daily trips (43) and the estimated daily trips resulting from the type of use due to
the requested rezoning (125) produces a 191 % increase to the intersection. The result, based
on CDOT policy, will require Garfield County to pay for the required improvements to that
intersection. (See Figure II on the preceding page.)
As a matter of background, the State Highway Access Code Section 2.6(6) Changes in Land
Use and Access Use, contains the following language:
Vehicular use and operation of local roads where they connect to (access) a
state highway is the responsibility of the appropriate local authority. The local
authority should maintain such state highway access locations in conformance
with the Code to the extent feasible and practicable within statutory and public
funding limitations. The local authority may fund any necessary improvements
by obtaining contributions from the primary users of the access or as off-site
subdivision improvements necessary for the public safety pursuant to sections
30-28-133 and 133.1, C.R.S., and sections 31-23-201 to 227, C.R.S., or other
available public funds and local requirements.
Ultimately, this means the County (the appropriate local authority) remains responsible for
funding the improvements to the intersection of CR 138 and Highway 6 because a rezoning
action does not allow the County to exact traffic impact fees. Other land use actions that
would allow the County to require the Applicant to fund the improvements required due to
their impacts include Subdivisions and Planned Unit Developments. It should be noted, the
Gabossi property is located in Traffic Study Area 4 which is an impact fee mechanism that
only applies to residential development as part of a subdivision. As such, this commercial
development would not be required to pay any traffic impact fees.
It should also be noted that CDOT is currently considering applications from the adjacent
church to access Highway 6 from their property. If these requested access points are denied, it
will force access to be provided via CR 138. This is a considerable traffic impact as a result of
ADT generated from the site to CR 138 that will probably result in a request from the church
members for the County to participate in the acquisition of a new access permit for the
intersection that will include turning lanes paid for by some entity other than CDOT. These
improvements will not include the possible increase in other improvements resulting from the
commercial development of the applicant's property.
Finally, because of the current limited regulatory mechanisms in place, Staff believes
rezoning this property to commercial/ limited will significantly negatively impact the
County's ability to maintain the existing intersection of CR 138 and Highway 6. As a result,
the County will be burdened with the responsibility for funding all improvements to this
intersection due to this commercial growth in this location and further indicates the
inappropriateness of additional rezoning of property in this area.
7
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8. _.
BERKELEY FAMILY LIMITED PARTNERSHIP
GARFIELD COUNTY, COLORADO
LAKE SPRINGS P.UD.
PLAN
UPDATED 9/13/0�t ORSLOPES end FAULTS
HIGH COUNTRY ENGINEERING, INC.
WO BLAKE ANNIE, MO 14 BNERNNNB ORNE EAST. 8TE. 0109
OLENMOCD MINOR CO 89871 ENGLEWOOD, OD 8022
ry�7O) 946-8678 R1G100/ 9160064
PII,(6001916.1060 MOON 926-0847
DES. DJW
NO.
DATE
REVISION
OY
DR. DJW
9/12/02
ADJUST LOTS AROUND FAULTS, ADO SLOPE SHADING, ETC.
DJW
CK.
DATE 4/8/02
FILE: PHASING
JOHN R. SCHENK
DAN KERST
WILLIAM J. deWINTER, III
CAROLYN M. STRAUTMAN
• •
SCHENK, KERST & deWINTER, LLP
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
ATTORNEYS AT LAW
302 EIGHTH STREET, SUITE 310
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-2447
j PIER: (970) 945-4767
AUG 1 9 200e'ugust 18, 2004
GARFIELD COUNTY
SLOWING & PLANNING
Garfield County Building & Planning Department
Attn: Fred Jarman, AICP, Senior Planner
108 Eighth Street, Suite 201
Glenwood Springs, CO 81601
Re: Berkeley Family Limited Partnership and Miriam Berkeley
PUD Text Amendment
Lake Springs Ranch PUD
Greetings:
Enclosed is the original Proof of Publication from the Glenwood Springs Post Independent
for the Public Notice with regard to the above referenc - \matter.
JRS/clh
Enc.
cc: Michael Berkeley, M.D. (w/enc.)
F:\M B\PUD Amendment\Garfield County Building & Planning 3.wpd
•
JUN 1 9 1979
Recorded Zt t _. o' clock e Z!
�ti-tom
Reception No '-' -'1-'• J Mildred Alsdorf, Recorder
RESOLUTION No. 79-64
BOOK 530 PAGE 93
WHEREAS, Foster Petroleum Corporation has made
application to the Board of County Commissioners of Garfield
County, Colorado, for an amendment to the Zoning Map of
the Garfield County Zoning Resolution, changing the follow-
ing described land from Agricultural/Residential/Rural
Density to Planned/Unit/Development District:
A parcel of land described as Lots 5 and 6,
Section 32, Lots 7, 8, 9, 10, 11, 12, 13, 14,
15, 16, 17, 20, 21, 22, 28 and the NE h SE : of
Section '33, SW : SW : of Section 34 all in Town-
ship 6 Scath, Range 88 West of the Sixth Principal
Meridian and also Lots 2, 3, and 9 of Section 4,
Township 7 South, Range 88 West of the Sixth
Principal Meridian, County of Garfield, State of
Colorado, and
WHEREAS, Foster Petroleum Corporation has, in
association with such zoning amendment, applied for approval
of a plan for Lake Springs Ranch, a Planned Unit Development,
to be contained in the Planned Unit Development District, and
WHEREAS, said application has been referred to the
Planning Commission of Garfield County, Colorado; for its
approval, disapproval, or recommendation all as provided
in Section 10.04 of the Garfield County Zoning Resolution;
and
WHEREAS, said application has been submitted to the
Planting Department of Garfield County, the Environmental
Health Department of Garfield County, and the Regiona�
Engineer of the Colorado State Health Department for thorough
and complete review thereof '- suiting in various comments
and recommendations from said departments, all of which
comments and recommendations have been presented to said
Planning Commission. and Board of County Commissioners and
now comprise a portion of the record of the proceedings in
respect tc such application; and
WHEREAS, the said Planning Commission has provided
to the Board of County Commissioners of Garfield County,
Colorado, its recommendation that the said application be
approved with certain conditions, all as more particularly
specified in the minutes of the said Planning Commission.; and
WHEREAS, the Board of County Commissioners of Garfield
County, Colorado, has duly and regularly held a public hear—
ing on said application in conformity with the laws of the
State of Colorado and the provisions of said Zoning Resolution;
and
WHEREAS, a portion of the proposed planned
opment lies at an elevation which cannot be served
central sewage system which will serve the balance
Planned Unit Development, necessitating the use of
sewage systems in such locations; and
WHEREAS, the ;toard has determined that the orderly
development of Garfield County requires that progress be
made toward development and occupancy of the proposed Lake
Springs Ranch Planned Unit Development, and that such progress
may be assured through the requirement that a final plat for
at least 25% of the 195 single family residential lots within
unit devel-
by the
of the
individual
BOOK 530 PACE 94
the Planned Unit Development shall receive final approval
of the Board of County Commissioners within twelve months
of the adoption of this resolution, and that all utilities
necessary to serve that portion of the development be in
place within eighteen months of the approval of such final
plat; and
WHEREAS, the Board has determined that, other than
in the foregoing particulars, the requested zone change
amendment and plan approval are in general conformity with
the General Plan for Garfield County, Colorado, and meet
allrequirements of the Zoning Resolution of Garfield
County, Colorado, and has further determined that the
requested Planned Unit Development is suitable and approp-
riate for the subject property considering the location,
condition and circumstances of said property, and that the
proposed amendment implements the purposes and meets the
standards and requirements of the Planned Unit Development'
provisions of the Garfield County Zoning Resolution;
NOW, THEREFORE, BE IT RESOLVED, by the Board of
Commissioners of Garfield County, Colorado,
1. That the application for amendment of the above-
described property from Agricultural/Residential/Rural
Density to Planned Unit Development be and hereby is granted,
and that the appropriate zone district maps describing the
areas encompassed by such amendment be amended to reflect
this amendment; subject to the conditions more fully' set
forth below;
2. That the application for approval of the plan
of Lake Springs Ranch be and hereby is approved, with the
following Modifications, ::o which applicantmurt
indicate
its agreement within thirty days of adoption herein, in
order that this Resolution shall be effective:
(a) The final plat or plats of the Planned Unit
Development shall designate those lots to which central
sewage service will not be extended, which shall be limited
to those which, because of natural 'arriers or obstructions
may not receive such service and shall not exceed ten in
number;
(b) That the final plat for at least 25% of the
195 single family residential lots within the Planned Unit
Development shall be submitted in adequate time to assure
final approval of this Board within twelve months of the
approval of this Resolution, and that all utilities to serve
that portion of the development be in place within eighteen
months of the approval of such final plat, in default of
which the Board of County Commissioners may, after establish-
ment of such default at a public hearing of which applicant
or its successors in interest and interested parties shall
be given such notice as is then required for amendments to
the Garfield County Zoning Resolution, order that the zone
district maps of the Garfield County Zoning Resolution be
amended to designate the above-described lands Agricultural/
Residential/Rural Density.
3. That the Planned Unit Development shall consist
of three Zoning Districts, the boundaries of which shall
be indicated upon the final plat of Lake Springs Ranch Planned
Unit Development, which districts shall be identified as
follows:
Residential/Single Family District, also designated R/S.F.
-2-
BOOK 530 r r,E 95
Residential/Cluster Housing District, also designated R/C.H.
Agricultural/Open Space District, also designated A/O.S.
4. That the uses permitted within said districts,
together with the regulations affecting the usage of the
land contained therein, shall be as follows:
I. R/S.F. - RESIDNETIAL/SINGLE FAMILY DISTRICT
A. Uses, by right.
Single -Family dwelling and customary accessory uses
including buildings for shelter or enclosure of
small animals or property accessory to use of the
lot for single family residential purposes and fences,
hedges, gardens, walls and similar landscape features.
Park and Greenbelt.
B. Uses, conditional.
None
C. Uses, special.
None
D. Minimum lot area.
1 acre
S. Maximum Lot Coverage.
15 percent
F. Minimum Setback.
Front yard -- 30 feet
Side yard -- 20 feet
Rear yard -- 50 feet
G. Maximum Building Height.
25 feet
H. Off -Street Parking/Residential.
Four (4) off-street parking spaces on the same lot
for each dwelling unit or one (1) space per 600
square feet of floor area whichever is greater.
II. R/C.H. - Residential/Cluster Housing District
A. Uses, by right.
Single -Family dwelling, Duplex dwelling, Triplex
dwelling and customary accessory uses including
buildings for shelter or enclosure of small animals
or property accessory to use of the lot for residen-
tial purposes and fences, hedges, gardens, walls,
and similar landscape features.
No more than three dwelling units may exist in the
R/C.:I. District.
Park and Greenbelt.
-3-
...
BOOK 530 PAGE 96
B. Uses, Conditional.
None
C. Uses, special.
None
D. Minimum Cluster Housing lot area.
1. The Cluster Housing Lot shall be as shown on
the P.U.D. Final Plat.
2. Lots within a Cluster Housing Lot shall have
no minimum lot area.
E. Maximum Coverage of the Cluster Housing District.
1. 5 percent of the total District area.
2. Lots within the R/C.H. District shall have
no coverage limit except that the combined
coverage of all internal lots shall not
exceed the 5 percent maximum of the total
District area.
F. Minimum Setback from'the Cluster Housing District
.Boundary.
1. 50 feet
2. Lots within the R/C.H. District shall have no
setback requirements.
G. Maximum Building Height.
25 feet
H. Off -Street Parking.
Four (4) off-street parking spaces for each
dwelling unit or one (1) space per 600 square
feet of floor area, whichever is greater.
III. A/O.S. - AGRICULTURAL/OPEN SPACE DISTRICT
A. Uses, by right.
Recreational including, stables, riding arena,
kennel, pasture, water impoundments and customary
accessory uses including buildings for shelter or
enclosure of animals or property employed in any
of the above uses.
Recreation Vehicle Storage
Park and Greenbelt
B. Uses, Conditional.
None
C. Uses, Special.
None
D. Minimum Lot Area
2 acres
-4-
BOOK 530 PAGE 97
E. Maximum Lot Coverage.
15 percent
F. Minimum Setback.
Front Yard -- 40 feet
Side Yard -- 40 feet
Rear Yard -- 40 feet
G. Maximum Building Height.
25 feet
IV. Except as hereinabove provided, and except for the
following sections of the Garfield County Zoning Re-
solution, all provisions of the Garfield County Zoning
Resolution shall be applicable to the Lake Springs
Ranch P.U.D. Zoning Districts. The Sections of the
said Zoning Resolution which shall have no applicability
are as follows:
Section 3.00 through 3.11.04
Section 4.01.02 paragraph #1
DATED this 18th day of June, 1979.
THE BOARD OF COUNTY COMMISSIONERS
ATTEST: OF GARFIELD COUNTY, COLORADO
(?. (L /7*/ttl
Deputy C.erk of the/ Chairman
Board VV/
Res•ion No. 79-153 '
•
WHEREAS, Foster Petroleum Corporation has made application
to the Board of County Commissioners of Garfield County, Colorado,
for approval of an amendment to the Lake Springs Ranch Planned
Unit Development Plan and Resolution No. 79-64 of the Board
approving said Plan and establishing the uses permitted on the
lands described in said Resolution in association with such Plan,
which amendment would decrease the number of single family
dwellings included as part of the Lake Springs Ranch Planned Unit
Development Plan from 195 units to 194 units and increase the
number of dwelling units in the Residential Cluster Housing Dis-
trict from 3 to 16 units; and
WHEREAS, the Board has determined that such an amendment
is consistent with the efficient development and perservation of
the entire planned unit development, does not effect in a sub-
stantially adverse manner either the enjoyment of land abutting
upon or across a street from the planned unit development or
'the public interest, and is not intended solely to confer a
special benefit upon any person, as required by C.R.S. 1973,
24-67-106(3)(b). '
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County,
Section 1. That the modification of the Lake Springs
Ranch Planned Unit Development Plann requested by Foster
Petroleum Company decreasing the number of single family units and lots
within the Residential/Single Family District from 195 to 194 and
increasing the number of dwelling units within the Residential/
Cluster Housing District from 3 to 16 be and hereby is approved;
Section 2. That the number "195"appearing in paragraph
2.(b). of the operative provisions of Resolution NO. 79-64 be and
hereby is amended to read "194";
Section 3. That Resolution.No. 79-64 shall be and hereby
is amended by the addition of a new paragraph in the operative
provisions, which shall read as follows:
4. That the application for approval of the
plan of Lake Springs Ranch Planned Unit Development Plan
dated the 20th day of September, 1979, shall be and here-
by is acquired, and shall govern' the uses permitted on
the described property except as otherwise herein provided.
Dated the "10th' ' day of' 'December. , 1979.
ATTEST:
Nancy ( prick Pao
Deputy Clerk of the Board
' BOARD OF COMMISSIONERS
GARFIELD COUNTY, COLORADO
Pleven J. • rise
Chairmnan
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STATE OF COLORADO
)ss
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in
the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Tuesday, the
_12th of November, A.D. 2002, there were present:
John Martin
Larry McCown
Walt Stowe
Don DeFord
Mildred Alsdorf
Ed Green
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. P1 " lb
A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE
LAKE SPRINGS RANCH PUD SUBDIVISION
WHEREAS, The Berkeley Family Partnership, Miriam Berkeley made application to the
Board of County Commissioners of Garfield County for approval of a Preliminary Plan for the Lake Springs
Ranch PUD Subdivision;
WHEREAS, the Garfield County Planning Commission reviewed the Lake Springs Ranch PUD
Preliminary Plan subdivision application and recommended approval to the Board of County
Commissioners;
WHEREAS, based on the material submitted by the applicant, the recommendation of the Planning
Commission and the comments of the Garfield County Planning Department, this Board finds as follows:
1. That proper publication, public notice and posting was provided as required by law for the
hearings before the Planning Commission and Board of County Commissioners.
2. That the hearings before the Planning Commission and Board of County Commissioners
were extensive and complete, that all pertinent facts, matters and issues were submitted and
that all interested parties were heard at that hearings.
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3. That the Garfield County Planning Commission recommended approval of the Preliminary
Plan.
4. That the proposed subdivision of land is in compliance with the recommendations set forth in
the Comprehensive Plan for the unincorporated area of the County.
5. That all data, surveys, analyses, studies, plans and designs as required by the State of
Colorado and Garfield County have been submitted, reviewed, and found to meet all sound
planning and engineering requirements of the Garfield County Subdivision Regulations.
6. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution.
7. That for the above -stated and other reasons, the proposed subdivision is in the best interest of
the health, safety, morals, convenience, order, prosperity and welfare of the citizens of
Garfield County.
NOW, THEREFORE, BE IT RESOLVED that the Preliminary Plan of the Lake Springs Ranch PUD
Subdivision for the following described unincorporated area of Garfield County be approved with the
following conditions:
1. All representations of the applicant made in the application and at the hearings before the
Planning Commission and Board of County Commissioners shall be considered
conditions of approval, unless approved otherwise by the Board.
2. As a part of any Final Plat submittal, the applicant shall include an analysis of the traffic
impacts of the phase being platted and include at least 50% of that fee at the time of
platting and include in the disclosure statements to prospective and new property owners
a statement identifying their obligation to pay the remaining 50% at the time of building
permit approval.
3. The applicant will provide an appraisal of the property prior to development that is no more
than 24 months old, to be used to establish the school site acquisition fee to be paid at the
time of final platting of the property.
4. Impact fees shall be paid to the Fire District prior to finalization of the final plat. The
applicant shall adhere to the recommendations of the Carbondale and Rural Fire
Protection District.
5. The improvements included with the Final Plat will include a revegetation provision for
the disturbed areas associated with the improvements for the subdivision, along with
security to guarantee that the revegetation has been successful.
6. Approval of the Preliminary Plan requires the developer to complete the platting of all
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phases within 15 years and the first Final Plat must be recorded within one year of the final
approval of the Preliminary Plan.
7. Hepworth-Pawlak Geotech's recommendations shall be followed. Site specific studies
shall be conducted for individual lot development. The need for site specific studies shall
be disclosed in the covenants and on the plat in the form of a plat note. Those
recommendations include the following:
a. Prospective building owners should be made aware of the potential low risk of evaporate
deformation. If the low risk is not acceptable to building owners, it can be reduced by the use
of heavily reinforced foundation system preferably without a basement.
b. It is recommend that buildings not be located within 50 feet of the mapped fault trace
unless site specific studies show that a fault is not present or, if present, the fault is not
geologically young .
c. It is recommended that additional subsurface exploration be made in these areas to
evaluate the engineering characteristics of the lake deposits .
d. The recommended foundation system will depend on the site specific expansion
potential. Also, a structural floor system over a crawlspace may be warranted depending
on the expansion potential at a specific building site. A site specific foundation study by
the individual lot owners should be conducted for design level recommendations.
e. More extensive grading should be evaluated on a site specific basis. As previously
recommended, cut and fill should not exceed 10 feet deep and cut and fill slopes should
be 2: 1 (horizontal to vertical) or flatter. We should review the proposed grading plans
when available and determine if addition subsurface exploration and analysis are needed.
f. The channel crossing should be designed for the appropriate flood discharge and
include provisions for a high sediment concentration flooding. Hydrologic analysis in this
area should also consider flood flow velocities and the need for channel erosion
stabilization to protect proposed Lots 11, 12 and 13, Block 2.
g. Occupied structures should be designed to withstand moderately strong ground shaking
with little or no damage and not to collapse under stronger ground shaking. The region is in
the Uniform Building Code, Seismic Risk Zone 1.
8. Since the applicants have not determined what type of development will occur on the
cluster lots, it will be necessary to have the cluster lots subject to Preliminary Plan
review, on a lot specific basis.
9. Prior to the approval of a final plat, the Plans and Specifications for the drinking water
system must be submitted to the Colorado Department of Public Health and
Environment, Technical Services Unit, for Capacity Development approval.
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10. That prior to any final plat approval, the applicant shall give the Spring Valley Sanitation
district the opportunity to review and approve the wastewater collection system plans for
the development.
11. The following plat notes shall be placed on the final plat:
"The individual lot owners shall be responsible for the control of noxious weeds."
"Application for a building permit for each lot within the subdivision shall include a site
specific foundation study done by a qualified registered professional engineer in the State
of Colorado."
"Garfield County has adopted a "Right to Farm" provision in the Garfield County Zoning
Resolution in Section 1.08, which states among other things, that "residents and visitors must
be prepared to accept the activities, sights, sounds and smells of Garfield County's
agricultural operations as a normal and necessary aspect of living in a County with a strong
rural character and a healthy ranching sector."
"One (1) dog will be allowed for each residential unit on this lot, and the dog shall be
required to be confined within the owner's property boundaries. Enforcement provisions
shall be developed for allowing the removal of a dog from the area, as a final remedy in
worst cases."
"No open hearth solid -fuel fireplaces will be allowed on this lot. One (1) new solid -fuel
burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated
thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an
unrestricted number of natural gas burning stoves and appliances."
"All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be
directed inward, towards the interior of the lot. Provisions may be made to allow for safety
lighting that goes beyond the property boundaries."
12. The following amendments to the covenants need to amended or added.
a. Section 8.16, Animals and Pets, needs to be modified to allow for only one (1) dog
per household, rather than the two proposed.
b. Section 4.3 of the draft covenants should include maintenance of drainage structures.
13. That the Final Plat submitted, include a digital copy of the Final Plat and attached
documents on disk, to a standard acceptable to the Garfield County Information
Technology Department.
14. The names of the roads within the subdivision will be changed to avoid confusion with
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other county roads for safety purposes.
15. The applicant shall make application to the Colorado Department of Transportation,
pursuant to Section 12 (b) of the State Highway Access Code, for a permit for the
reconstruction of an existing access at the intersection of County Road 114 and State
Highway 82. Such application and approved permit shall be tendered as a part of the
approved phasing plan and shall be included with the applicable final plat documents,
specifically the subdivision improvements agreement that includes security for the
intersection improvements.
16. Roadways. The current preliminary plan application for Lake Springs Ranch PUD proposes
fourteen separate accesses onto Garfield County Road 114, hereinafter "CR114".
Notwithstanding any future Board of County Commissioners amendments to current
approvals which may be obtained for the currently proposed design of the roadway accesses
for the Lake Springs Ranch PUD from CR114 and the present design of improvements to
CR114 through the Lake Springs Ranch PUD, based on agreements and representations of
the applicant, the applicant shall adhere to the following criteria:
a. Grade of Garfield County Road 114 at Intersections: At intersections with Lake
Springs Ranch development roads, the vertical alignment of Garfield County Road 114
shall have grades no greater than 5% for a minimum distance of 25 -feet as measured
from the centerline of the intersecting road.
b. Grade of Intersecting Road at Intersections: At intersections with Garfield County
Road 114, all Lake Springs Ranch development roads shall have grades no greater than
4% for a minimum distance of 120 -feet as measured from the centerline of Garfield
County Road 114.
c. Angle of Intersections: Intersections shall be designed as nearly to right angles as
possible, with no intersecting angles of less than 85 degrees. The centerline of
intersecting roads shall be designed with a tangent at the intersection with a minimum
tangent length of 60 -feet as measured from the centerline of Garfield County Road 114
to the first Point of Curvature (P.C.) on the intersecting road.
d. Proximity of Adjacent Intersections: Where two Lake Springs Ranch development
roads intersect Garfield County Road 114, the intersecting centerlines shall be directly
aligned, or shall be separated not less than 200 -feet as measured between intersecting
centerlines. In the event that one or both of the intersecting streets requires that
County Road 114 be provided with auxiliary lanes (acceleration and/or deceleration
lanes) as provided for herein, then the intersecting street centerlines shall be offset
sufficient distances so that the minimum length of the auxiliary lanes, as required for
herein, are provided and do not overlap.
e. Requirement for Auxiliary Lanes: Intersections of all Lake Springs Ranch
development roads shall be provided with auxiliary lanes (left turn deceleration lanes,
right turn deceleration lanes, right turn acceleration lanes, and left turn acceleration
lanes) applying criteria set forth in Section 3.9 of the Colorado State Highway Access
Code dated August 31, 1998.
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f. Design Criteria for Auxiliary Lanes: The design of all required auxiliary lanes shall
be in accordance with then applicable Garfield County specifications, as applicable,
and Section 4 — Design Standards and Specifications of the Colorado State Highway
Access Code dated August 31, 1998.
.Intersection Sight Distance: At intersections of Lake Springs Ranch development
roads and Garfield County Road 114, clear zones shall be designed and maintained to
provide sight distance for the vehicle on the intersecting road (stop or yield) to
observe a moving vehicle on Garfield County Road 114. The clear zone shall be
maintained free of all vegetation and objects taller than 24 -inches except for traffic
signs. The sight distance shall be measured from a point on the intersecting road (stop
or yield) which is 10 -feet from the edge of pavement on Garfield County Road 114.
The minimum intersection sight distance for intersections with Garfield County Road
114 based on a 35 MPH design speed shall be 350 -feet
h. Access Points: Direct accesses onto Garfield County Road 114 by individual lots
shall be prohibited. No individual lot shall access a Lake Springs Ranch development
road within a distance of 100 -feet from an intersection with Garfield County Road
114, as measured from the nearest edge of pavement of Garfield County Road 114.
i. Utilities and Street Construction: Street and road construction shall not proceed
beyond subgrade preparation until all utilities which are intended to be placed under
any part of the street or road are complete, including all service lines, and all utility
trenches are backfilled and compacted in accordance with the street or road
construction specifications as provided by a registered geotechnical engineer.
Other Design Criteria: Except as modified above, CR 114 shall be subject to the
following design parameters:
g.
J•
Garfield County Road 114 Design Criteria
Design Capacity (Vehicles
Per Day)
2500+
Minimum Right of Way
Width
80 -feet
Type of Surface for
Driving Lanes and
Shoulders
Asphalt
Pavement Design and
Subgrade Stabilization
Prepared By Registered Geotechnical Engineer
Based On Site Specific Soil Analysis And
Anticipated Traffic Volume For 20 -Year Design
Life
Minimum Driving Lane
Width
12 -feet
Minimum Shoulder Width
6 -feet
Ditch Width and Storm
Drainage Culverts
Designed by Professional Engineer to Provide
Minimum Hydraulic Capacity to Convey Peak Flow
From 100 -year Storm Event
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Garfield County Road 114 Design Criteria
Cross Slope
2% to 8% Based on Superelevation Design of
Roadway by Professional Engineer
Shoulder Slope
Identical to Cross Slope
Minimum Design Speed
[Miles Per Hour]
35 MPH
Minimum Centerline
Radius [Feet]
Varies with Superelevation
Rate of Superelevation:
2% Crown Section
610 -feet
2%
470 -feet
4%
420 -feet
6%
380 -feet
8%
350 -feet
Minimum Percentage of
Runout on Tangent
80%
Minimum Runout Length
[Feet]
Varies with Change in Rate of Superelevation
Change in Rate of
Superelevation:
4%
84 -feet
6%
126 -feet
8%
168 -feet
10%
210 -feet
12%
252 -feet
14%
294 -feet
16%
336 -feet
Maximum Centerline
Grade
10%
Minimum Centerline
Grade
1%
K -Value for Crest Vertical
Curve
40 minimum
K -Value for Sag Vertical
Curve
50 minimum
17. Well Monitoring. Lake Springs shall participate with Spring Valley and other land owners in
the Spring Valley area in a ground water monitoring program to monitor water levels in the
Spring Valley Aquifer, as described in the Memorandum dated December 6, 2000, authored
by Anne Castle and Chris Thorne of Holland & Hart attached as Exhibit A. The data
collected pursuant to the monitoring program shall be provided to and maintained by the
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Basalt Water Conservancy District (the "Basalt District"). If and when the monitoring
program, or other reliable data and information, provide evidence of a long term trend that
indicates an inability of the Spring Valley Aquifer to satisfy expected demand associated
with decreed water rights owned by Lake Springs, Spring Valley, and the other parties
participating in the monitoring program, the applicant shall cooperate with the Basalt
District to identify and implement necessary and appropriate corrective measures which may
include: (a) implementation of water conservation measures and/or (b) evaluation of the
opportunities for provision of a substitute water supply from a supplemental source.
18. Fire Protection. Under the terms of Resolutions No. 2000-95 and 2002-07, Spring Valley
will be developing a fire station within its project that is planned to be proximate to the Lake
Springs Ranch PUD and which, for all practical purposes upon construction, will be the first
responding fire protection station to any fire within the Lake Springs Ranch PUD which is
currently in the Carbondale Fire Protection District. Accordingly, if a fire station is so
constructed within the Landis Creek Metropolitan District, Lake Springs agrees to use
reasonable efforts to include Lake Springs Ranch PUD within the Landis Creek Metropolitan
District fire protection umbrella so long as the ultimate cost of fire protection services are no
greater than would be imposed by the Carbondale Fire Protection District or, in the
alternative, to assist in reasonable efforts to have funds paid by Lake Springs Ranch PUD
property owners for fire protection services directed to the Landis Creek Metropolitan
District. In addition, the applicant agrees to work with Spring Valley to coordinate
discussions between the Landis Creek Metropolitan District and the Carbondale Fire
Protection District to provide for appropriate reimbursement of costs to Landis Creek
Metropolitan District for any emergency responses it may make to properties located within
the Carbondale Fire Protection District.
Dated this 16th day of December , A.D. 2002.
ATTEST:
G%r
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i
C erk of the T2,gprd
• • ... •
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
1111111 11111 111111 111111 11
11111#111111 r
617155 12/23/2002 01:09P B1419 P571 M ALSDORF
9 of 9 R 0.00 D 0.00 GARFIELD COUNTY CO
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
John Martin , Aye
Larry McCown , Aye
Walt Stowe , Aye
STATE OF COLORADO )
)ss
County of Garfield )
I , County Clerk and ex -officio Clerk of the Board of County
Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing
Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for
said Garfield County, now in my office.
IN WITNESS WHEREOF, l have hereunto set my hand and affixed the seal of said County, at
Glenwood Springs, this day of , A.D. 2002.
County Clerk and ex -officio Clerk of the Board of County Commissioners
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Adwg\PHASING.dwg, 05/07/2002 01:37:54 PM, djw
:lune 16. 2004
John R. Schenk,
Schenk, Kerst, & deWinter_ LLP
302 Eighth Street, Suite 310
Glenwood Springs, Colorado 81601
RE: Lake Springs Ranch PUD Text Amendment
Dear John,
Garfield County
BUILDING & PLANNING DEPARTMENT
This office is in receipt of your amended application requesting an amendment to the zone district text
for Lake Springs Ranch Planned Unit Development. As a matter of process, your request will be
reviewed by the Garfield County Planning Commission in a public meeting on August 11th , 2004
which will forward a recommendation to the Board of County Commissioners. The Board will then
consider your request in a public hearing on September 7th, 2004. As for proper notice, you are only
required to publish the public notice in the newspaper in the following manner for the hearing before
the Board:
Notice by publication, including the name of the applicant, description of the subject lot, a
description of the proposed amendment and nature of the hearing, and the date, time and place
for the hearing shall be given once in a newspaper of general circulation in that portion of the
County in which the subject property is located at least thirty (30) but not more than sixty (60)
days prior to the date such hearing, and proof of publication shall be presented at hearing by the
applicant.
Please provide 20 copies of your letter / application to this office no later than July 7th, 2004. Should
you have any questions please feel free to contact this office.
Very truly yours,
F e Jarman, AICP, S
970.945.8212
Enclosure(s) Public Notice
lanner
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
1A1-7111 nuc 0111 /nin\ ^)oc 7n7'1 7T __.. i11'7111 d0e i 47/1
• •
PUBLIC NOTICE
TAKE NOTICE that Berkeley Family Limited Partnership and Mariam Berkeley have applied to the
Board of County Commissioners, Garfield County, State of Colorado, to request a text amendment to
the Lake Springs Ranch Planned Unit Development (PUD), pursuant to Section 4:00 and Section
10.04 of the Garfield County Zoning Resolution of 1978, as amended, in connection with the
following described property situated in the County of Garfield, State of Colorado; to -wit:
Legal Description: (See Exhibit A attached)
Practical Location: The Lake Springs Ranch PUD property is located at 4001 County Road 114.
The proposed text amendment to the PUD would effectively reduce the number of lots that
would be required to be included in the first final plat from 25% to 10%.
All persons affected by the proposed text amendment are invited to appear and state their views,
protests or support. If you can not appear personally at such hearing, then you are urged to state
your views by letter, as the Board of County Commissioners will give consideration to the comments
of surrounding property owners, and others affected, in deciding whether to grant or deny the request
for the proposed amendment. The application may be reviewed at the office of the Planning
Department located at 108 8th Street, Suite 201, 108 8th Street, Glenwood Springs, Colorado
between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday.
A public hearing on the amendment has been scheduled for the 7th day of September, 2004, at
1:15 P.M. in the County Commissioners Chambers, Room 100, 108 8th Street, Glenwood Springs,
Colorado.
Planning Department
Garfield County
•
GARFIELD COUNTY
413 Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
Text Amendment to Zone District / Zoning Resolution
GENERAL INFORMATION
(To be completed by the applicant.)
D. Name of Applicant (Property Owner): BERKELEY FAMILY LIMITED PARTNERSHIP and
MIRIAM BERKELEY
> Address: 4001 County Road 114 Telephone: 970.945.2568
> City: Glenwood Springs State: co Zip Code: 81601 FAX: 970.947.001
> Name of Representative, if any (Planner, Attorney, etc):
John R. Schenk
> Address: 302 Eighth Street. Suite 310
Telephone: 970.945.2447
> City: Glenwood Springs State: CO Zip Code: 81601 FAX: 970.945.4767
> Specific Section of County Zoning Resolution of 1978 or PUD to be amended:
Resolution 79-64, Section 2.(b)
> Purpose for the proposed text amendment:
To reduce number of lots required for the first final plat.
STAFF USE ONLY
> Doc. No.: Date Submitted: TC Date:
> Planner: Hearing Date:
• •
I. APPLICATION SUBMITTAL REQUIREMENTS
This Application applies to owners of real property in Garfield County who desire to 1) amend, add, or delete
specific text in the County Zoning Resolution, and 2) amend, add, or delete text of an approved zone district
in the Zoning Resolution or an approved Planned Unit Development (PUD).
As a minimum, specifically respond to all the following items below and attach any additional information to
be submitted with this application:
1. Submit a cover letter containing a detailed narrative describing the proposed amendment to an
approved zone district including an approved Planned Unit Development (PUD) or text of the
Zoning Resolution of 1978, as amended. This narrative should describe the overall purpose of
the amendment and the specific sections of the resolution are to be amended.
2. Submit a copy of the deed, legal description, and copy of the County Assessor's Map of the
real property, owned by the Applicant in Garfield County, which will be affected by such change.
3. If you are acting as an agent for the property owner, you must attach an acknowlcdgement
from the property owner that you may act in his/her behalf.
4. Submit payment of the $300.00 Base Fee: Applicant shall sign the "Agreement for Payment"
form and provide the fee with the application.
5. Submit 2 copies of this completed application form and all the required submittal materials to
the Building and Planning Department. Staff will request additional copies once the application
has been deemed technically complete.
II. PROCEDURAL REQUIREMENTS
(An amendment to an approved zone district or text of the Zoning Resolution is considered a two
step process because it is first reviewed by the Planning Commission which makes a
recommendation to the Board of County Commissions. The following steps outline how the Text
Amendment application review process works in Garfield County.)
1. Submit this completed application form (pages 1-4), base fee, and all submittal requirements to
the Garfield County Planning Department. It will be received and given to a Staff Planner who
will review the application for technical completeness.
2. Once the application is deemed technically complete, the Staff Planner will send you a letter
indicating the application is complete. in addition, the letter wiii indicate the dates and times
scheduled for your request to be heard before the Planning Commission during a public
meeting (no notice required) and the Board of County Commissioners during a public hearing
(notice required). The Planning Commission will forward a recommendation to the Board of
County Commissioners to be considered during a properly noticed public hearing. Staff will
send you the appropriate "Public Notice Form(s)" indicating the time and date of your public
hearing and will provide you with a Staff Memorandum regarding your request. (If Staff
determines your application to be deficient, a letter will be sent to you indicating that additional
information is needed to deem your application complete.)
3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the public
hearing before the Board of County Commissioners. if proper notice has not occurred, the
public hearing will not occur. Notice requirements are as follows:
• •
a. Notice by publication, including the name of the applicant, description of the
subject lot, a description of the proposed amendment and nature of the hearing,
and the date, time and place for the hearing shall be given once in a newspaper of
general circulation in that portion of the County in which the subject property is
located at least thirty (30) but not more than sixty (60) days prior to the date of
such hearing, and proof of publication shall be presented at hearing by the
applicant.
4. The Applicant is required to appear before the Planning Commission and the Board of County
Commissioners at the time and date of the public meeting / hearing at which time they will
consider the request. In addition, the Applicant shall provide proof at the hearing before the
Board of County Commissioners that proper notice (publication) was provided.
5. Once the Board of County Commissioners makes a decision regarding the request, Staff will
provide the Applicant with a signed resolution memorializing the action taken by the Board.
Following the Boards' approval, this office will make the approved changes to the Zoning
Resolution.
I have re.. the statements above and have provided the required attached information which is
correct anaccurst of my knowledge.
Berkeley .mil ii -d Partnership and Miriam Berkeley
By:
(Signat
Iicant/owner
Last Revise. • ./08/2004
John R. Schenk
ICDCECo.i c4
Date
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and Berkeley Family Limited Partnership and
Miriam Berkeley
(hereinafter APPLICANT) agree as follows:
1. APPLICANT has submitted to COUNTY an application for
PUD Text Amendment
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the
administration of the fee structure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the consideration of an
application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan.
APPLIC �� T
Berkeley a �_0,7,# tnership and Miriam Berkeley
By: r��
Signa
Date:
6/10/0
John R. Schenk as Attorney for Berkeley Family Limited Partnership and Miriam Berkeley
Print Name
Mailing Address: 302 Eighth Street, Suite 310
Glenwood Sprins, CO 81601
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and
(hereinafter APPLICANT) agree as follows:
Berkeley Family Limited Partnership and
Miriam Berkeley
1. APPLICANT has submitted to COUNTY an application for
PUD Text Amendment
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended,
establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the
administration of the fee structure.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing the
application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional
payments upon notification by the COUNTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the consideration of an
application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs
exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid
prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan.
APPLIC T P
,7rtnership and Miriam Berkeley
04411111
John R. Schenk as Attorney for Berkeley Family Limited Partnership and Miriam Berkeley
Print Name
Mailing Address:
302 Eighth Street, Suite 310
Glenwood Springs, CO 81601
JOHN R. SCHENK
DAN KERST
WILLIAM J. deWINTER, III
CAROLYN M. STRAUTMAN
• •
SCHENK, KERST & deWINTER, LLP
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
ATTORNEYS AT LAW
302 EIGHTH STREET, SUITE 310
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-2447
TELECOPIER: (970) 945-4767
June 10, 2004
Garfield County Building & Planning Department
Attn: Fred Jarman, AICP, Senior Planner
108 Eighth Street, Suite 201
Glenwood Springs, CO 81601
Re: Berkeley Family Limited Partnership and Miriam Berkeley
PUD Text Amendment
Lake Springs Ranch PUD
Greetings:
At your request and with regard to the Application for PUD Text Amendment submitted on
behalf of the Berkeley Family Limited Partnership and Miriam Berkeley on June 8, 2004, the
following are provided (in duplicate):
1. Zoning Text Application; and
2. Agreement for Payment Form.
If you require anything further, please advise. Thank you.
JRS/clh
Enc.
cc: Michael Berkeley, M.D.
FAM B\PUD Amendment\Garfield County Building & Planning 2.wpd
RECEF' 'ED
JUN 1 0 2004
GARFIELD COUNTY
BUILDING & PLANNING
• •
June 9, 2004
John R. Schenk,
Schenk, Kerst, & deWinter, LLP
302 Eighth Street, Suite 310
Glenwood Springs, Colorado 81601
RE: Lake Springs PUD Text Amendment
Dear John,
Garfield County
BUILDING & PLANNING DEPARTMENT
This office is in receipt of your letter requesting an amendment to the zone district text for Lake
Springs Planned Unit Development. The purpose of this letter is to inform you that your request has
been deemed incomplete because neither a "Zoning Text Application" fowl nor an "Agreement to
Pay" form was submitted with your request. I have enclosed these documents for your convenience.
Please complete and return these forms and provide any additional information as required in the
submittal requirements listed in the application.
Should you have any questions please feel free to contact this office.
Very truly yours,
Fred Jarman, AICP, Senior Planner
970.945.8212
Enclosure(s) Application / Agreement to Pay form
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-7972 Fax: (970) 384-3470
JOHN R. SCHENK
DAN KERST
WILLIAM J. deWINTER, III
CAROLYN M. STRAUTMAN
• •
SCHENK, KERST & deWINTER, LLP
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
ATTORNEYS AT LAW
302 EIGHTH STREET, SUITE 310
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (970) 945-2447
TELECOPIER: (970) 945-4767
June 8, 2004
Garfield County Building & Planning Department
108 Eighth Street, Suite 201
Glenwood Springs, CO 81601
Re: Berkeley Family Limited Partnership and Miriam Berkeley
PUD Text Amendment
Lake Springs Ranch PUD
Greetings:
In support of an application for a PUD Text Amendment requested by the Berkeley Family
Limited Partnership and Miriam Berkeley, enclosed are the following documents, submitted in
duplicate:
1. Application for PUD Text Amendment executed by the Berkeley Family Limited Partnership
and by Miriam Berkeley.
2. Our check in the amount of $400.00 representing the base fee for this application.
3. The current vesting deeds for this property with the legal description set out on the same.
4. A separate Statement of Response to Sections 4.12.03 (1) and (2) of the Zoning Regulations.
If any aspect of this application is deficient, p ease contact me.
JO
JRS/clh
Enc.
cc: Michael Berkeley, M.D.
F:\M B\PUD Amendment\Garfield County Building & Planning l.wpd
ry truly yours
RECEIVED
JUN 0 8 2004
L DLINTY
PLANNING