HomeMy WebLinkAbout22.0 BOCC Staff Report 08.09.2010TO
FROM
DATE
REQUEST
MEMORANDUM
Board of County Commissioners
Fred A. Jarman, AICP, Director, Building & Planning Departure
August 9, 2010
Final Plat for Phase I & Vested Property Rights for Spring Valley
Ranch PUD (Pub is Hearing)
APPLICANT Spring Valley Holdings, LLC
REPRESENTATIVE Gamba & Associates (Mike Gamba)
I. GENERAL SITE PLAN FOR PHASE I (Shaded Area)
Project Location
II. BACKGROUND & PURPOSE
The Board of County Commissioners (the Board) approved the Spring Valley Ranch Planned Unit
Development (PUD) and Preliminary Plan on December 7, 2008 which is memorialized in
Resolutions 2008-55 (corrected and amended in Resolution 2010-38) and Resolution 2008-56,
respectively. Since that time, the BOCC awarded the Applicant a 1 -year extension to file the
Final Plat which they have done within that time frame. Staff has worked with the Applicant to
review the project against the required conditions of approval and the pertinent sections of the
Unified Land Use Resolution of 2008, as amended.
Based upon that review, Staff can now recommend the Board of County Commissioners sign
the Final Plat for Phase I which basically includes platting of the open space in the lower
meadows and improvements to the main entrance of the project with an entrance road (and
utilities) of approximately 700 -feet in length into the project which requires a security in the
amount of $266,074.55. The Applicant proposes to tender cash to the County in the form of a
Treasurer's Deposit Agreement (TDA) to secure this infrastructure in Phase I.
Information necessary for the Board to review this Final Plat Application includes the following
documents in the packet:
1. Lagiglia Easement Grant (this was a condition of approval which has been completed)
2. Phase 1 Final Plat (in Mylar form)
3. Subdivision Improvements Agreement and Exhibits. (Staff recommends the BOCC direct
the County Clerk to hold these documents and not record them until this security is in
place.)
4. HOA Master Declaration
5. Landis Creek Metro District Easement Grant
6. Open Space and Road Deed
7. Development Agreement (for vesting of the development rights for a 'Site Specific
Development Plan' for 15 years)
III. REQUEST
The Applicant requests the Board 1) approve the Final Plat Application for Phase 1 of the Spring
Valley Ranch PUD pursuant to Section 5-305 Unified Land Use Resolution of 2008, as amended
and 2) grant vested property rights to the Spring Valley Ranch PUD pursuant to Section 1-202 of
the Unified Land Use Resolution of 2008, as amended.
IV. STAFF COMMENTS FOR VESTED PROPERTY RIGHTS
The Applicant requests the Board grant vested property rights for a Site Specific Development
Plan approved as the Spring Valley Ranch PUD for a period not to exceed 15 years. A vested
property right means the Applicant maintains the right to undertake and complete the
development and use of property under the terms and conditions of a site specific
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development plan for a three (3) year period without being affected by subsequent changes in
County land use regulations.
As you recall, due to the large size of the development and variable market conditions, the
Board approved a phasing plan for the Spring Valley Ranch PUD which is memorialized in
Resolution 2010-38 which contemplates 11 distinct phases requiring Final Plat Applications.
Pursuant to Section 1-202(C), the Board has complete discretion to enter into a Development
Agreement with an Applicant for longer than 3 years due to "all relevant circumstances
including but not limited to project size and / or phasing of the development, economic cycles,
and / or market conditions." Staff believes this project warrants a vested right of 15 years
consistent with this section.
V. ACTION REQUESTED OF THE BOARD
As a result of the foregoing, the Board is being asked to take action on the following points:
1) Approve the Final Plat Application for the Spring Valley Ranch PUD and authorize the
Chairman to sign the Final Plat and Subdivision Improvements Agreement;
2) Approve the request for vested property rights for a Site Specific Development Plan for
a period of 15 years for Spring Valley Ranch PUD and authorize the Chairman to sign the
"Development Agreement";
3) Direct the County Clerk and Recorder to hold the Final Plat until a Treasurer's Deposit
Agreement in the amount of $268,735.30 (cash security of $266,074.55 plus a
Treasurer's Fee of 1%, $2,660.75) has been signed by the Chairman of the Board of
County Commissioners and the County Treasurer at which time the Clerk may record
the Final Plat, Subdivision Improvements Agreement and associated documents;
VI. STAFF RECOMMENDATION
Staff recommends the Board approve the Final Plat Application and sign the Development
Agreement granting vested property rights to the development as proposed.
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