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HomeMy WebLinkAbout1.0 Staff ReportExhibits July 19, 2010 TCI Lane Ranch PUD- Request for Extension of Preliminary Plan Exhibit Letter (A to Z) Exhibit A Garfield County Land Use Resolution of 2008, as amended B Garfield County Comprehensive Plan of 2000 C Staff Memorandum D Resolution 2009-81 — Preliminary Plan Approval E Letter Requesting Extension s neve, f Q}c1-61,A Ry\ vwkkii51)1-e,Zoil �G — ceA/. v‘alJ^`SL d_otc l e/tLcOlYtS REQUEST PROJECT INFORMATION BOCC 7/19/2010 KE Two year extension of the Preliminary Plan Approval for TCI Lane Ranch PUD granted September 8, 2009 PROPERTY OWNER TCI Lane Ranch, LLC REPRESENTATIVE Jon Fredericks - LandWest I. BACKGROUND The Board of County Commissioners (the Board) approved the Preliminary Plan Application for TCI Lane Ranch PUD on September 8, 2009 (See Resolution 2009-81, Exhibit D). The Preliminary Plan approval was granted to subdivide a 100.54 -acre property into 89 single family and duplex residential Tots, common area and quasi -public area. This approval provided the Applicant one (1) year to file a technically complete final plat application to Garfield County. II. REQUEST The property owner requests the Board grant a 2 -year extension to file a technically complete Final Plat which, if granted, would expire on July 21, 2012. (Exhibit E) III. AUTHORITY Section 4-103(8)(a)(1) of the Unified Land Use Resolution of 2008, as amended, provides the Board the authority to grant such extensions for no more than 1 -year so long as the request for the extension is requested prior to the expiration of the 1 -year deadline and upon demonstration of why the original conditions of approval cannot be met." The Applicant has requested a two-year extension citing the following reasons: 1. Current economic conditions have dramatically affected the financing opportunities; 2. The market for new homes has significantly declined; 3. The conditions of approval require TCI Lane Ranch to complete the following items which have will take longer than the original 1 -year time period to satisfy: a. Off-site road improvements; b. Off-site extensions of water and sanitation pipelines; c. A Conditional Letter of Map Revision (CLMR) from the United States Army Corps of Engineers related to the Floodplain Development Permit. 1 IV. STAFF RECOMMENDATION Staff recommends that the Board grant a 1 -year extension to the property owner to file a technically complete Final Plat application by September 8, 2011. 2 ®IIIh'i� �f N�� �F4i ��� ''� 1�'t,IN�i4�''��.j '�.���� Ri11,I41 11111 Reception#: 778758 12/03/2009 10:25:06 PM Jean Alberico 1 of 22 Rec Fee:$0.00 Doc Fee:0.00 GARFiELD COUNTY CO STATE OF COLORADO County of Garfield ) )ss At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, December 7, 2009, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tresi Houpt , Commissioner Deborah Quinn , Asst. County Attorney Jean Alberico , Clerk of the Board Ed Green (absent) , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO, 2009-81 A RESOLUTION CONCERNED WITH APPROVING THE PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAN FOR THE TCI LANE RANCH PUD AND RETRACTING AND REPLACING RESOLUTION 2009-71 (IN ITS ENTIRETY) IN ORDER TO CORRECT SCRIVENERS ERRORS IN THE PUD GUIDE FOR THE TCI LANE RANCH PLANNED UNIT DEVELOPMENT Parcel ID: 2391-311-00-033 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a Planned Unit Development (PUD) Application and Preliminary Plan Application from TCI Lane Ranch, LLC to rezone a 100.54 -acre property from Agriculture / Residential / Rural Density (ARRD) to Planned Unit Development (PUD) and then subdivide the property into 89 single-family and duplex residential lots as illustrated on the PUD Site Plan, PUD Guide, and Preliminary Plan attached as Exhibits A, B and C to this resolution respectively; B. The subject property is generally located approximately '/2 miles east of Catherine Store in Sections 31 & 32, Township 7 South, Range 87 West, approximately 3 miles east of Carbondale on State Highway 82 on the Roaring Fork River in Garfield County and is legally described as shown on the accompanying Preliminary Plan attached as Exhibit C; I11 IA,� ���E�',� �1 ?� 1' ��+ i,�+��l.«i'L " I�l� I °� EI I11 Reception#' 778758 12/09/2009 10:25:06 AM Jean Alberico 2 of 22 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO C. The subject property is located in Study Area 1 of the Garfield County Comprehensive Plan of 2000 and is designated as Residential -High Density on the Proposed Land Use Districts Map; D. The Planning Commission opened and continued a public hearing on February 25, 2009 on the proposed PUD and Preliminary Plan Applications and continued the public hearing until April 22, 2009 and then continued the public hearing until May 27, 2009 requiring the Applicant to re -notice for that hearing date; E. On May 27, 2009, the Garfield County Planning Commission opened a public hearing upon the question of whether the PUD and Preliminary Plan Applications should be granted, granted with conditions, or denied at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Applications; F. The Garfield County Planning Commission closed the public hearing on the May 27, 2009 and recommended "Approval with Conditions" for the Planned Unit Development (PUD) Application and Preliminary Plan Application to the Board of County Commissioners by a vote of 4 to 0; G. On September 8, 2009, the Board of County Commissioners (the Board) opened a public hearing upon the question of whether the Planned Unit Development (PUD) Application and Preliminary Plan Application should be granted, granted with conditions, or denied at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Applications; H. The Board of County Commissioners closed the public hearing on the September 8, 2009 to make a final decision; 1. The Board, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: 1. Proof of proper public notice was provided as required for the public hearings before the Planning Commission and the Board of County Commissioners. 2. The public hearing before the Planning Commission and 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 at those hearings. 3. The Planned Unit Development (PUD) Application and Preliminary Plan Application have met the requirements set forth in the Garfield County Zoning Resolution of 1978, as amended and the Garfield County Subdivision Regulations of 1984, as amended. 4. For the above stated and other reasons, the proposed Planned Unit Development (PUD) Application and Preliminary Plan Application have been 2 Reception#: 778758 12/O9/2009 10:25:06 RM Jean Rlberico 3 of 22 Rec Fee:SO.0O Doc Fee:0.00 GARFIELD COUNTY CO determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. J. The purpose of this resolution is to retract and replace Resolution 2009-71 (in its entirety) with this resolution in order to correct scrivener's errors in the PUD Guide which was attached to Resolution 2009-71 as Exhibit B. This resolution contains all of the original conditions and exhibits without change except the changes in Exhibit B (the revised PUD guide). RESOLUTION NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the Resolution. B. The Planned Unit Development (PUD) Application and Preliminary Plan Application from TCI Lane Ranch, LLC to rezone the subject property from Agriculture / Residential / Rural Density (ARRD) to Planned Unit Development (PUD) and then subdivide the property into 89 single-family and duplex residential lots as illustrated on the PUD Site Plan and PUD Guide attached as Exhibits A and B are hereby approved subject to compliance with the following conditions: 1. REPRESENTATIONS: That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners and Planning Commission, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. WILDLIFE: The Covenants shall contains the following provisions: a. Fencing should be held at a minimum and any necessary fencing should be wildlife friendly. For wire fencing, 42 inches for a maximum height, 4 wires at most with a 12" kick space between the top two strands. Rail fencing should be 48 inches or less with at least 18" between two of the rails. b. The riparian areas along both the Roaring Fork River and Blue Creek are extremely important to wildlife. i. Elk usage of the property has increased considerably during the winter months. Deer and elk conflicts are to be expected within the development and plantings of native vegetation are encouraged to help reduce some of those conflicts. Eliminating the plantings of any berry, fruit, or nut producing plants or shrubs will help discourage elk, deer, bears and other wildlife from feeding upon the landscaping. 3 ®III fir N....4'A Ire '111161Yl1 i r'r, 64'1.r "i ®! 111 Reception#: 778758 12/09/2009 10:25:06 PM Jean Plberico 4 of 22 Rec Fee:$0.00 Doc Fee:O OD GPRFIELD COUNTY CO Homeowners need to be aware that the Division of Wildlife is not liable for any damage to landscaping by deer, elk, or bear. ii. Bear/human conflicts have increased within the Roaring Fork Valley and in the vicinity of Blue Creek Ranch and Catherine Store. This has the potential to be a reoccurring problem. It is important that certain measures be taken to minimize these possible conflicts: a Homeowners have and use an approved bear -proof container for storing all trash/garbage; b. Pets should be fed indoors, and pet food or food containers should not be left outside; c. BBQs should also be securely housed in the garage or cleaned with a bleach solution when not in use due to the fact that leftover food and grease are an overwhelming bear attractant; d. Round door knobs on the outside of doors rather than lever - type can limit bear access into houses. iii. The proposed pedestrian bridge over the Roaring Fork River should be gated to prohibit access to the RFTA that during the winter closure period. iv_ Due to the critical nature of wetland areas for wildlife, it is recommended that any proposed trails or paths be minimized and the public access into these areas should be limited in numbers. Access should be closed completely from December 1 through March 15 in order to limit the disturbance on big game and wintering bald eagles utilizing the riparian corridor. 3. VEGETATION / WETLANDS a. As part of the public improvements to be constructed by the Applicant and secured in the Improvements Agreement as part of the Final Plat Application, the Applicant shall construct a fence to a design specification consistent with the BLM's needs regarding preventing disturbance of the Ute's Ladies Tresses on the BLM parcel in the southeast portion of the development. 4. AFFORDABLE HOUSING a_ The Applicant shall be required to provide nine (9) deed -restricted single- family affordable housing units on Lots 1, 11, 12, 18, 25, 26, 28, 29, and 39. These units shall be governed / administered by the Garfield County Housing Authority. The Final Plat shall note these lots as AH Units on the plat. 4 llPANNIfieltviriniq Nu Nutt wit Receptionil: 778758 12/09/2009 10,25:06 PM Jean Plberlco 5 of 22 Rec Fee:$0.00 Doc Fee 0.00 GARFIELO COUNTY CO b. The Applicant shall meet with the Garfield County Housing Authority prior to Final Plat to ensure that the required deed restriction meets the requirements of the Garfield County Housing Authority. c. "One (1) affordable housing unit is required to be fully constructed and accepted by the Garfield County Housing Authority and the Garfield County Building & Planning Department (as evidenced by the issuance of a Certificate of Occupancy) for every ten (10) "free market" lots developed within the subdivision." d. The Applicant proposes to provide a Letter of Credit to be held in escrow to the benefit of the County in the amount that it would cost for the County to cause the construction of the affordable housing unit. This security would stay in place until all units are built. e. Applicant shall submit an Affordable Housing Plan and Agreement pursuant to Article VIII of the ULUR with the Final Plat Submittal. Security for completion of these units will be addresed in this document. Additionally, the Applicant shall submit the deed restriction and plan for the additional non -required employee units with the Final Plat. 5. OFF-SITE IMPROVEMENTS TO CR 100 / STA I h HIGHWAY 82 INTERSECTION The Applicant shall construct the improvements to the intersection of CR 100 and State Highway 82 as approved by CDOT which includes a new right tum lane from northbound CR 100 to the up valley direction of State Highway 82. Additionally, the applicant will construct a raised median between the northbound and southbound directions on CR 100 (within the SH82 ROW) adding additional safety to the turning movements. These improvements are to be paid for exclusively by the developer within the context of the Improvements Agreement. (This final design approved by CDOT shall be included in the Final Plat Application.) 6. 100 -YEAR FLOODPLAIN The Applicant shall obtain an Administrative Floodplain Permit from the Building and Planning Department prior to the submittal of the Final Plat. The Final Plat shall show the first finished floor elevation (FFFE) on each building envelope on the Final Plat that are located within the 100 -year flood fringe. 5 ®ui lir' bAIi'il& tlM i'i I`1N IAMI IMI it k viii Kfi'i`al1T 1 m"8 1311H Receptiont#: 778758 12109f2009 10:25:06 RM Jean Alberico 6 of 22 Rec Fee:$0.0D Doc Fee:0.00 GARFIELD COUNTY CO 7. ZONING DIMENSIONAL REQUIREMENTS This approval of the PUD shall allow the following variances from the dimensional standards in the ARRD Zone District and provisions in the Subdivision Regulations of 1984: A. Reduction in minimum lot size per the site plan; B. Allow duplex as a use -by -right instead of a conditional use; C. List pipelines under conditional use permit subject to pipeline regulations rather than list under use -by -right; D. Reduction in the ROW width on the main entrance roads (Haystack Road and Riverstone Drive) from 60 feet to 50 feet; E. Allowing "community building" as accessory use to the residential development; and F. Allowing Dragonfly Spur to exceed the 600 linear feet maximum for cul- de-sac by 200 feet. 8. DRAINAGE The Final Plat Application shall address the following drainage questions raised by the County Project Engineer: A. Watershed. The Historic Basin has been divided into six (6) existing sub - basins based on contour mapping, survey information and field investigations. This will generate runoff in addition to the volume calculated within the development on a pre -post calculation methodology using the rational method derived from the SWMM program of intensity, duration and frequency. B. Treatment of Stormwater Runoff. Water quality treatment for storm water is discussed within the Preliminary Plan. In order to protect the water quality in Blue Creek and the Roaring Fork River, it the county's expectation that all runoff from roadways, parking areas, roofs, and similarly developed areas will be treated using best management practices of retention basins and sedimentation swales as per the submitted improvement plans. C. Depiction of Offsite Water Pipeline to Development — These plans will be prepared by the Applicant's engineer and reviewed by the Mid Valley Metro District's engineer. The main issue to the County is proof that CDOT will allow the utilities in the Highway 82 ROW and whether there is adequate room in the ROW for both the water and sewer line. D. Depiction of Offsite Sewer: Same comment as for the offsite water lines. 6 1111Rnn:MY;IV!. Mi5!!!! Reception#_ 778758 12/09(2009 10:25:06 AM Jean Alberico 7 of 22 Rec Fee:$0.00 Doc Fee.0.00 GARFIELD COUNTY CO 9. GEOLOGY The Final Plat and Covenants shall contain the following plat note to address potential sinkholes: "If conditions are indicative of sinkhole related problems are encountered during site specific soil and foundation studies for the houses and other movement sensitive facilities, an alternative building site should be proposed or the feasibility of mitigation evaluated ... Prospective homeowners should be advised of the sinkhole potential, since early detection of building distress and timely remedial actions are important in reducing the cost of building repair and should an undetected subsurface void start to develop into a sinkhole after construction." 10. IMPACT FEES A. The development is subject to development impact fees adopted by the Carbondale and Rural Fire Protection District. The developer will be required to enter into an agreement with the District for the payment of development impact fees. Execution of this agreement and payment of the fees are due prior to the recording of the Final Plat. Fees are based upon the impact fees adopted by the District at the time the agreement s executed. The current fee for residential development is $704.00 per unit. B. The Applicant shall be required to provide a school land dedication or fee in lieu of dedication to the RE -1 School District at the time of Final Plat pursuant to the requirements in the Garfield County Unified Land Use Resolution of 2008, as amended. This fee is collected at the time of Final Plat. 11. NOXIOUS WEEDS The Applicant shall include a provision of weed management in the Improvements Agreement to guarantee that weed management will occur in the future on undeveloped lots and for the open space areas. The County Vegetation Manager recommends an amount of $6,000 per year for four (4) years ($24,000). 12. REVEGETATION SECURITY The County Vegetation Manager requires a revegetation amount of $2,500 per disturbed acre for the upland areas, which would total $60,000 for the 24 acres disturbed by the development. This fee shall be submitted to the County with the Final Plat Application and addressed within the Improvements Agreement. 7 11111 WitIVOIVIVAISATIOIL fq111ii I d Recept i ont# : 778758 12/09/2009 10:25:06 RM Jean Rtberico 8 of 22 Rec. Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 1111 13_ CONSTRUCTED WETLAND SECURITY This area is 0.268 acres in total. The County Vegetation Manager requires that the applicant provide Garfield County with a cost estimate for this work. When this information is provided, Staff will recommended a security amount for the wetlands work. This estimate shall be submitted to the County with the Final Plat Application. 14. COVENANTS Wetlands are mentioned in the covenants (3.36.4). The County Vegetation Manager requires that additional language be added that would disallow landowners from adding fill material into designated wetlands within their lots. The Applicant shall address the issue of mosquito management in the neighborhood constructed wetlands area within the covenants. The Applicant shall provide protective covenants as part of the Final Plat application. Dated this 7 ^ day of , A.D. 2009. m lerk of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARF 1 COUNTY, COL 11 Upon motion duly made and seconded the foregoing = - • utio : + opted by the following vote: John Martin Mike Samson Tresi Houpt , Aye , Aye , Aye STATE OF COLORADO ) )ss County of Garfield ) 8 ®1116�r� FZifrtklt'11111 UV, T 1,40 ®I 111 Reception#: 778758 12/09/2009 10:25:06 RM Jean Rlberico 9 of 22 Rec Fee:$0 00 Doc Fee:0.00 CRRFIELD COUNTY CO 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 it my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2009 County Clerk and ex -officio Clerk of the Board of County Commissioners 9 refr`�1Mini tl Ili 11111I !t'iti a. L �1'ihr'��, �1,LI4 �`,(ih t�ti. , Reception#: 778758 1210912009 10:25-06 AM Jean Alberico 10 of 22 Rec Fee $0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXF UBLT I _A__ ®ui nrii�nr.rrirtir.�n,i�s.irr•,mr ri i iii'�m em n s ni Reception#: 778758 12109!2009 70:25:06 PM Jean Rlberico 11 of 22 Rec Fee:SO 00 Doc Fee D 00 GARFIELD COMITY CO Reception#: 778758 12/09/2009 10:25:06 RM Jean Riberico 12 of 22 Rec Fee:$0 00 Doc Fee:0.00 GARFIELD COUNTY CO TCI Lane Ranch PUD Guide Revised September 2009 TCI Lane Ranch Planned Unit Development Proposed Zone District Designations PURPOSE The purpose of this Development Guide is to define the zone districts within the TCI Lane Ranch PUD. The zone districts contained herein shall serve as the governing land use regulations within the PUD. The Guide replaces the current applicable zoning provisions of Garfield County with project specific regulations that are more appropriate to the goals and objectives of the TCI Lane Ranch PUD. The zone districts contained in this PUD Guide establish a comprehensive framework for the development of TO Lane Ranch, including residential, open space, trails and access, and special utility uses. ENFORCEMENT The provisions of this Guide are enforceable by the authority and powers of Garfield County as defined by law. EXISTING ZONING: A/R/RD -- AGRICULTURAL/RESIDENTIAL/RURAL DENSITY: A. Uses by Right: Agricultural including farms, garden, greenhouse, nursery, orchard, ranch, small animal farm for production of poultry, fish, fur -bearing or other small animals and customary accessory uses including buildings for shelter or enclosure of persons, animals or property employed in any of the above uses, retail establishment for sale of goods Guiding and outfitting, and park; Single-family dwelling and customary accessory uses. (A. 86-09) Accessory dwelling unit approved as a part of a public hearing or meeting on a subdivision or subdivision exemption or guesthouse special use approved after 7/95 and meeting the standards in Section 5.03.02. B. Uses, conditional: Aircraft landing strip, church, community buildings, day nursery and school; group home for the elderly. (A. 97-60) Pipeline (Subject to review and approval per procedure and requirements of Section 9.07) (Added 2005-53) III �i'i a.: lir.th iii.{61111,1+1 'rlekriVAMNICKI B1111 Reception#: 778758 12/0912009 10:25.06 RM Jean Rlberico 13 of 22 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Boarding or rooming houses, studio for conduct of arts and crafts, home occupation, water impoundments. (A. 86-09;87-108) C. Uses, special: Airport utility, feedlot as principal use of the lot, crematorium, agriculture related business, resorts, kennel, riding stable, and veterinary clinic, shooting range facility(A.98-108); Two-family dwelling, camper park, ski lift and trails; broadcasting studio, communication facility, corrections facility, storage, storage of heavy equipment, golf course driving range, golf practice range and accessory facilities, commercial recreation facility/park;(A. 97-60; 97-112) Mass Transit Facility (added 2002-12) Public gatherings; storage of oil and gas drilling equipment; Site for extraction, processing, storage or material handling of natural resources; utility lines, utility substations; recreational support facilities and guest house. (A. 79-132; 80-64; 80-180; 80-313, 81-145; 81-263; 84-78; 86-9; 86-84; 86-106; 87-73; 99-025) Accessory dwelling unit meeting the standards in Section 5.03.02 for any lot not created after a public hearing or meeting after 7/95 Kennel Group Residential Facility for Children & Youth (Add 2004-62) D. Minimum Lot Area: Two (2) acres; except as otherwise approved in a Cluster Option E. Maximum Lot Coverage: Fifteen percent (15%) F. Minimum Setback: 1. Front yard: a. Arterial streets: i. Seventy-five (75) feet from street centerline or fifty (50) feet from front lot line, whichever is greater b. Local streets: i. Fifty (50) feet from street centerline or twenty-five (25) feet from front lot line, whichever is greater 2. Rear yard: Twenty-five (25) feet from rear lot line 3. Side yard: Ten (10) feet from side lot line, or one-half (1/2) the height of the principal building, whichever is greater G. Maximum Height of Buildings: Twenty-five (25) feet H. Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regulations). TCI Lane Ranch — Preliminary Plan / PUD September 2009 2 Reception4: 778758 12/09/2009 10.25,06 PM �� »�-n �e�.'�'��'o �on���� COUNTY CO 14 of 22 Rec r°e.sn TCI Lane Ranch PUD LAND USE 1'if• Total bnd Area Total De -- (Zones) Single Family Residentik ""pexResidential; Community Utility 31.46 acres +/- Total Open Space Area (Zones) Community Center; Common Open Space; Conservation Easement 6D.99acres +/' Tota Number of Residenflal Lots 89 Total Number of Dwefling LJnits 89 Total Area of Proposed Non -Residential Floor Space (existing buildings) Community Center (1,45Us0;Ranch Cabin (65Osf);Log Shed (2Sn,f) 2,350 sf Total Number of Proposed OffStreet Parking Spaces (1 space per BR, min.) 200 - 506 Total Proposed Density 1.13acres/dwelling unit 100.45 acres +/- ' ::4 Zone District Gross Acres +/- /'SxngleFamilynesidcntia| Single Family Residential 20.372 Duplex Residential Half -Duplex 1900 sf 10 Half -Duplex Affordable 1900 sf 8 Single Family 2600 sf 10 Single Family Affordable 2600 sf 6 Single Family 3800 sf 38 Single Family 5500 s 17 TOTAL UNITS 89 ' ::4 Zone District Gross Acres +/- /'SxngleFamilynesidcntia| Single Family Residential 20.372 Duplex Residential 4.109 Community Utility 0.979 Community Center 3.414 Private Comrnon Open Space 33.178 Conservation Easement 32.397 TOTAL ACRES 1(10.45 +/- 7C/LanyRanch—FrelininaryPlan/PUD September 2009 3 ®III 1ei lleriling kiM1 le: 'r oilri t'orixr„ i 131111 Reception#: 778758 12/09/2009 10:25.06 AM Jean Rlberico 15 of 22 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO DEFINITIONS A. Maximum Allowable Floor Area: The total net square footage permitted to be built on a Lot. The net square footage calculation shall include: heated living space, mechanical, stairways, and other traditionally non -habitable space, as measured from the exterior walls. Garages or accessory building(s), heated or non -heated, attached or detached, up to a combined total of 650 square feet shall be exempt from the maximum allowable floor area calculation. Any floor area of these elements in excess of the exempt 650 square feet shall be included in the maximum allowable floor area calculation. Patios, decks, balconies, porches and exterior stairways shall not count towards the maximum allowable floor area unless the total square footage of these features is greater than 20% of the net square footage, in which case the excess of the 20% shall be counted towards the maximum allowable floor area. Landscaped terraces, trellises, and pergolas shall not be counted towards the maximum allowable floor area. TCI Lane Ranch PUD ZONE DISTRICTS A. Single Family Residential Zone District (Lots 1, 4-10, 13, 14, 17-24, 27, 30, 31, 34-36, 39-82, 85, 88, 89) 1. Uses by Right: Detached, single-family dwelling and customary accessory uses 2. Development Standards a. Setbacks: All structures shall be located within building envelopes as identified on the Final Plat 1) Building foundations shall be fully contained with the platted building envelope 2) Roof overhangs shall be permitted to extend a maximum of three (3) feet beyond the platted building envelope 3) Up to 350 square feet of covered porch may extend ten (10') beyond the platted building envelope when said porch fronts the street from which the lot is accessed b. Maximum Height of Structures: Twenty-five (25) feet c. Minimum Lot Area: As defined on Final Plat d. Maximum Allowable Floor Area: 1)Lots 1, 4, 8, 13, 18, 19, 36, 39, 53, 67, 68, 72, 74, 81, 82, 89: 2600 Square Feet 2)Lots 6, 7, 9, 10, 14, 17, 20, 22, 23, 24, 27, 30, 31, 34, 35, 40, 41, 44, 45, 48, 49, 50, 52, 54, 56, 57, 60, 63, 69, 70, 71, 73, 75, 78, 79, 80, 85, 88: 3800 Square Feet 3) Lots 5, 21, 42, 43, 46, 47, 51, 55, 58, 59, 61, 62, 64, 65, 66, 76, 77 : 5500 Square Feet e. Off -Street Parking: One (1) space per bedroom, minimum two (2) spaces required per lot_ Garage, carport and driveway parking shall count toward off-street parking requirement TCI Lane Ranch - Preliminary Plan / PUD September 2009 ,4 ill! Fa,1 F1!EENtl 111 IririY,l91f.:11taii ®III Reception#: 778758 12/09/2009 10:25.06 RM Jean Alberico 16 of 22 Rec Fee $0.00 Doc Fee:0.00 GARFIELD COUNTY CO B. Duplex Residential Zone District (Lots 2, 3, 11, 12, 15, 16, 25, 26, 28, 29, 32, 33, 37, 38, 83, 84, 86, 87) 1. Uses by Right: Attached, single family dwelling and customary accessory uses 2. Development Standards a. Setbacks: All structures shall be located within building envelopes as identified on the Final Plat 1) Building foundations shall be fully contained with the platted building envelope 2) Roof overhangs shall be permitted to extend a maximum of three (3) feet beyond the platted building envelope 3) Up to 350 square feet of covered porch may extend ten (10') beyond the platted building envelope when said porch fronts the street from which the lot is accessed b. Maximum Height of Structures: Twenty-five (25) feet c. Minimum Lot Area: As defined on Final Plat d. Maximum Allowable Floor Area: 1900 square feet e. Off -Street Parking: One (1) space per bedroom, minimum two (2) spaces required per lot. Garage, carport and driveway parking shall count toward off-street parking requirement C. Community Utility Zone (Tract A — 0.939 Acres +/-, Tract G — 0.021 Acres +/-, Tract H — 0.019 Acres +/-) 1. Uses by Right a. The construction, operation, maintenance, repair and replacement of community utilities and related facilities and structures b. To provide centralized utility facilities to benefit members of the TCI Lane Ranch Homeowners Association and other parties to whom the Association may decide to provide such service or conduct business with c. Installation and maintenance of photovoltaic panels, arrays, or other solar power generating systems or equipment d. Wastewater lift station(s) e. Landscaping and irrigation f. Vegetation management necessary to facilitate construction and maintenance of community utilities g. Fencing 2. Development Standards a. Minimum Lot Area: 0.15 Acres +/- b. Minimum Setbacks: 1) From Easements: Five (5) feet 2) From Lot Lines: Five (5) feet, except as noted below 3) From Residential Lots: Fifteen (15) feet c. Maximum Height of Structures: Twenty-five (25) feet d. Per Garfield County Supplementary Regulations 5.03, Conditional and Special Uses, 5.03.17 Solar Power Generating Systems, all proposed solar structures shall demonstrate the following : TCI Lane Ranch — Preliminary Plan / PUD September 2009 5 ANN' fi7 MILM111>; mi til Reception#: 778758 12/09/2009 10:2S:06 RM Jean Rlberico 17 of 22 Rec Fee.$0 00 Doc Fee:0.00 GRRFIELD COUNTY CO 1) No impact to wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions 2) Separated by sufficient distances, such use from abutting property which might otherwise be damaged by operations of the proposed use(s) 3) Comply with the volume of sound standards set forth in the Colorado Revised Statutes 4) The facility shall be operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located 5) The proposed facility will be operated so that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard 6) Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m. 7) Any lighting of the facility shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property D. Conservation Easement (Tract B -- 32.397 Acres +11 1. Uses by Right a. Private trails for the benefit of the Association, their assigns and guests b. Public trails, as signed for said access, being paved or unpaved c. Bridges for pedestrian and bicycle use d. Interpretive signing, displays and installations e. Actions intended to benefit wildlife and/or native species, such as habitat restoration, vegetation management and seasonal closures f. Agriculture, the keeping of livestock and accessory uses and structures related to said uses g. Drainage improvements h. Fencing 2. Development Standards a. Paved trails shall not exceed ten feet (10') in width b. Paths constructed with a aggregate surface, such as crusher fines, shall be a maximum of six feet (6') wide c. Natural surfaced trails shall be a maximum of two feet (2') wide d. Fencing shall be "wildlife friendly", according to standards developed by the Colorado Division of Wildlife TO Lane Ranch — Preliminary Plan I PUD September 2009 6 ®III W NAKIWf i lel sal' Il15:1 4I514'1AItlill 11111 Reception#: 778758 12/05/2009 10:25:06 PM Jean Plberico 18 of 22 Rec Fee.$0.00 Doc Fee:0.00 GARFIELD COUNTY CO E. Private Common Open Space (Tract C — 31.514 Acres +/-, Tract D — 0.493 Acres +/-, Tract E — 0.995 Acres +/-, Tract I — 0.176 Acres +/-) 1. Uses by Right a. Agriculture, the keeping of livestock and accessory uses and structures related to said uses b. Non -organized recreation c. Pedestrian and bicycle trails d. Public parking for the purposes of access to public fishing trails e. Bridges crossing ditches and drainage improvements f. Limited public access (restricted to designated trails/routes only) g. Community entry features/monumentation/ signage h. .Preservation/restoration/maintenance of existing log shed structure and ranch cabin i. Ponds and irrigation ditches j. Wetlands; maintenance and enhancements to existing wetlands and creation of new wetlands k. Landscaping and irrigation I. Mail box facilities for the purposes of centralized mail drop-off and collection m. Picnic shelter or gazebo n. Barbecue o. Drainage improvements p. Utilities q. Fencing 2. Development Standards a. Minimum Lot Area: as depicted on Final Plat b. Minimum Setbacks: Ten (10) feet from adjoining tracts, lots, and easements c. Maximum Height of Structures: Eighteen (18) feet F. Community Center Zone (Tract F — 3.414 Acres +/-) 1. Uses by Right a. Building and/or buildings, including the following uses: 1) Meeting/gathering space 2) Office space for use by the Association 3) Recreational/fitness equipment, workout space and locker rooms 4) Swimming pool (indoor or outdoor) 5) Kitchen facilities 6) Restroom facilities b. Sports fields/open turf areas c. Facilities for other outdoor sports, such as volleyball, par course, running trail, etc. d. Facilities for tennis or other court -based sports e. Community gardens and accessory uses and structures f. Storage and maintenance of equipment and materials used during, or to maintain, recreational and community garden uses; nonresidential structures for persons and equipment engaged in said activities g. Playground/play equipment h. Landscaping and irrigation TCI Lane Ranch — Preliminary Plan / PUD September 2009 7 VIIIliKiOrov oil, 31111 Reception#: 778758 12/09/2009 10725:06 Art Jean Alberico 19 of 22 Rec Fee.$0.00 Doc Fee!0.00 GARFIELD COUNTY CO i. Ponds and irrigation ditches j. Wetlands; maintenance and enhancements to existing wetlands and creation of new wetlands k. Pedestrian pathways I. Parking m. Drainage and utility improvements n. Footbridges over irrigation ditches o. Fencing Z. Development Standards a. Building Setbacks 1) From Access Easements: twenty five (25) feet 2) From Residential Lot Lines: twenty five (25) feet b. Maximum Height of Structures: Twenty-five (25) feet c. Minimum Lot Area: as depicted on Final Plat d. Maximum Allowable Floor Area: none e. Minimum Off -Street Parking: fourteen (14) spaces, including one (1) accessible space f. Additional Off -Street Parking: future community facilities, or expansion of existing facilities, if any, shall provide a minimum of one (1) space per five hundred (500) square feet additional net floor area TCI Lane Ranch — Preliminary Plan / PUD September 2009 8 MIH IVIITed mre. irsIAiTi y iyi1 ir ir m i u Reception #: 778758 12(09/2009 102505 AM Jean Alberico 20 of 22 Rec Fee -$0.O0 Doc Fee:0.00 GARFIELD COLUTY CO r t? 374 . LH. I '•4/ !!„.:1, I ER; • • • 0•.:1 , • , .1 • • 5,. 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Mill IIIeI■111slu■111Pal +Is ni(,■„Taloam,surrIIII ■ mai n, Reception#: 778758 12;0912009 10.25:06 RM Jean Alberico 21 of 22 Rec Fee:$D.00 Doc Fee:0.00 GRRFIELD COUNTY CO •i 111 d j `E r' ! Pit 4111 J IAr Si a f •h i • • It, 44 Ie1SSS \ .- l�- v ti..,;+., `' :i'�b f1 ; \\ :40 f11 19111p° Irk r OF HMI I 11s1i j aji�i F1tsi tt! T 1111 ii 1.4 1511 a 1 a 1 a 1 1 d f, $01r, \pc, 111!11 4.1t' l 3 4`a 1 1@ ; AN,9d ®lll6'i Rillyd',h iclu'ir,N, l;I11f41tiei1ti' ®�►II Reception#: 778758 12/09/2009 10:25:06 AM Jean Alberico 22 of 22 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO TCI LANE RANCH LEGAL DESCRIPTION A TRACT OF LAND STT13ATED IH LOTS 8. 9 AND 10 OF SECTION 31 AND IN LOT'S 5 AND t3 OF SECTION 32, ALL IH, TORNSNIP 7 SOUTH. RANGE 87 WEST OFTHE 6th PRINCIPAL MFRt0tAN, CARRELL) COUNTY, COLCFUIDO, LYING SOUTHERLY C4` ANO ADJACENT i0 THE SOUTHERLY RIGHT -Or -WAY LIRE OF CdA STATE H1G11 AY N0. 82 AND KING WORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGRIMING AT A POINT OH SND SOUTHERLY R:CHT--OF-WAY LINE WHEN::. A STOVE FOUND M PLACE FOR THE WITNESS CORNER TO THE NORTHEAST CORKER OF 5140 SECTION 31 BEARS N2E00'431 1433.52 FEET: THENCE' S79'58'521 2125.37 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY UNE TO 711E NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED R4 800K 1013 AT PAGE 423 OF THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECOROx_R: THENCE ALONG THE VMSTERLY BOUNDARY UNE aF SATO PARCEL ON THE F0LEDWIHG TWO (2) COURSES: 504755'00V 461.40 FEET: THENCE 5011)0'00'E 861.25 FEET TO A P017 ON THE ftORTFCRLY RIES-OF-WAY UNE OF THE ROARING FORK TRANSIT AUTHOROY RAILROAD RIGHT-OF-WAY' THENCE 16937 FEET ALONG SA)O.. NORTHERLY RAHJIOAD RIGH{F- OF -WAY UWE CH THE ARC OFA 1585.69 FOOT 1TADW5 CURVE 70 T147 LEFT. THE CHORD OF WIOCH BEMS S54'32'4311V 169.49 F TT TO A POW ON THE SOUTHERLY BOUNDARY UNE OF SAID LDT 13: THENCE U59'54'101/ 651.37 FEET ALONG THE SOUTHERLY BOUNDARY UNE OF SAR.) LOT 13 TO THE NORTHEAST CORNER OF SAID LOT 10: THENCE 50010'37'E 354.80 FEET ALONG THE EASTERLY BOUNDARY L11E OF' SAD LOT 10 TO A PONT IH THE CENTER OF THE ROARLNC 1.0441E RNER: THENCE ALONG THE CENTER OF SA/D ROARINOO FORK RIVER ON THE MIMING SEVEN (7) COURSES: 586`5354'14 794.14 FEET: THENCE 58532'231 117.60 FEET: THENCE S7829'2514 123.94 FEET; THENCE S8917'47"W 118.54 FEET; THEN£ 5674217-W 386.40 FEET; THENCE 56248i8'YV 124.67 FEET; THENCE S5T58'421V 235.29 FEET TO A POINT ON THE EASTERLY 80UNO4RY UNE OF BLUE CREEK RANCH RECORDED AS RECEPTION NO. 823535 IN THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDEF THERM. AL0N0 711E EASTERLY BOUNDARY UNE OF SAID 8LLIE CREEK RANCH THE FOLLOWING THREE (3) COURSES: 14 01710'37'W 736,64 FEET: THENCE 1489.54'14'W 231.46 FEET: THENCE *400"02'13 W 1577.90 FEET TO TIE SOUTHWEST CORNER OF A PARCEL OF LA110 OESCRIBT IN 80OK 333 AT PAGE 6T1 Of THE GARFIELD COUNTY RECORDS THENCE S79'5242'7 278.00 FEET AL01C THE SOUTHTRLY BOUNDARY UNE OF THE PARCEL DESCRIBED 1N SAID 800K 333 AT PAGE SI1 TO THE SOUTHEAST CORNER OF 5A10 PARCEL• THENCE MD0'021311( 158.69 FEST ALONG THE EASTERLY @)Uf GARY UNE OF SIP PARCEL. TO THE PONT OF 13EC11410840. CONTAI0ING 100.449 ACRES AS SURVEYED. June 23, 2010 WEST EXHIBIT 2 PLANNING I LANDSCAPE ARCHITECTURE 1 DEVELOPMENT SERVICES Kathy Eastley, AICP Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Via Email: keastley@garfield-county.com RE: TCI Lane Ranch - Request for two-year extension of PUD/Preliminary Plan Dear Ms. Eastley, On behalf of TCI Lane Ranch, LLC, I would like to request a two-year extension of the current Planned Unit Development and Preliminary Plan approvals for TCI Lane Ranch (Resolution 2009-81). This request is based on the following considerations: 1. Current lending market and housing market. a. Commercial lending requirements have changed substantially in the past two years, such that the majority of lenders for real estate development projects require at least 50% of the lots to be pre -sold prior to issuing a construction loan. This is a significant hurdle in today's market. b. The current housing market is in significant decline compared to the 2000-2008 time period. The market is also saturated with many distressed properties, which creates significant challenges to the successful marketing of vacant land and new housing product at price points that are comparable to current sales of existing homes. 345 COLORADO AVE. SUITE 106 1 CARBONDALE, COLORADO 81623 1 970.963.1521 Page 1 of 2 2. Condition of Approval #5 requires certain off-site improvements within CDOT's Right of Way, and for the final design of these improvements to be approved by CDOT prior to submittal of an application for Final Plat. While TCI Lane Ranch has received an Access Permit from CDOT based on a conceptual engineering design for the required improvements, we are still working through final design as part of the next step in the process with CDOT, Notice to Proceed. It is anticipated that this step will not be complete in time for a complete Final Plat Application submittal prior to the September 9, 2010 deadline. 3. Condition of Approval #6 requires the approval of a Floodplain Permit from the County prior to the submittal of Final Plat. While we have obtained a Floodplain Permit, a Condition of Approval '� ��� of that Permit requires that TCI Lane Ranch obtain a Conditional Letter of Map Revision (CLOMR)-Wr=�vR7 from FEMA prior to the submittal of Final Plat. Although this process is now underway, it may take several months to complete at the Federal level, and as such we anticipate that this step will not be finished in time for a complete Final Plat Application submittal prior to the September 9, 2010 deadline. 4. Condition of Approval #8, C & D requires that the Final Plat application include depictions of the off-site water and sewer pipelines that will serve TCI Lane Ranch via Mid Valley Metropolitan District services. Since the Preliminary Plan approval, TCI Lane Ranch has been working diligently with the Mid Valley Metropolitan District and area property owners in the creation of certain private easements, outside of the CDOT Right of Way, to enable the transmission of water and sewer facilities. TCI Lane Ranch has received conceptual approval of these private easements from both the Mid Valley Metropolitan District and five individual property owners, and we are in the process of finalizing the private easement agreements for approval and recording. Once recorded, TCI Lane Ranch will commence final design of the water and sewer services to serve the project. While we have made significant progress on these items, it is anticipated that final design of the off-site utilities will not be finished in time for a complete Final Plat Application submittal prior to the September 9, 2010 deadline. 5. Condition of Approval #13 requires that TCI Lane Ranch provide Garfield County with a cost estimate for the constructed wetland within the project. The constructed wetland will serve to mitigate the proposed impact to existing wetlands on site at a ratio of 1:1. TCI Lane Ranch submitted an application to the Army Corp of Engineers in April of 2010. This application is being reviewed by the Army Corp of Engineers, and will be referred out to both the State Historic Preservation Office and the Environmental Protection Agency. Until we receive comment or approval of the application, we cannot accurately estimate the costs associated with the constructed wetland, and due to the lengthy Federal review process it is expected that this item 345 COLORADO AVE. SUITE 106 1 CARBONDALE, COLORADO 81623 1 970.963.1521 Page 2 of 4 will not be finished in time for a complete Final Plat Application submittal prior to the September 9, 2010 deadline. The following Section of the Unified Land Use Resolution sets forth the length of approval period for Preliminary Plan: 4-103.G.8. Expiration of Approval. Unless otherwise provided by these Regulations or stated in action approving a land use change application, the decision to approve or conditionally approve the land use change shall be valid for a period of one year, to complete all conditions of approval. a. Division of Land. (1) Conditional Approval. The Board's decision to approve or conditionally approve the preliminary plan, minor exemption, major exemption or rural lands development exemption shall be effective for a period of up to one year or until the final or exemption plat has received a Determination of Completeness pursuant to Section 4-103(C), Determination of Completeness, whichever occurs first. Prior to expiration of the original approval, the applicant may make a onetime request for an extension of up to one year, upon a demonstration of why the original conditions of approval cannot be met. While the approval of Preliminary Plan allows the applicant to make a one-time request for an extension of up to one year, we believe that a special request for a two-year extension is warranted primarily due to the extraordinary and unanticipated circumstances surrounding the current lending and real estate market. It is also our understanding that the topic of granting two-year extensions has been discussed by Planning Staff and the Board of County Commissioners in recent months, and that the possibility exists that there may be a special revision to the Land Use Resolution to allow two-year extensions to occur. 345 COLORADO AVE. SUITE 106 I CARBONDALE, COLORADO 81623 I 970.963.1521 Page 3 of 4 The individual owners of TCI Lane Ranch, LLC remain highly committed to the successful implementation of this community; however, several major external factors require that additional time be granted by Garfield County to allow us to achieve a positive outcome for the general public, the County, and the developer. We respectfully request an opportunity to discuss these matters with the Board of County Commissioners during the next available time in a regularly scheduled public hearing. Please contact me with any questions or to request additional information. Thank you in advance for your consideration of this request. Sincerely, LANDWEST Jon Fredericks, ASLA Project Manager for TCI Lane Ranch Cc: Fred Jarman, Garfield County E. Michael Hoffman, Garfield and Hecht, P.C. David Marrs, Geronimo Ventures, LLC 345 COLORADO AVE. SUITE 106 1 CARBONDALE, COLORADO 81623 1 970.963.1521 Page 4 of 4