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Home My WebLink About1.0 Staff ReportExhibits for Board of County Commissioners Public Meeting September 8, 2015 - TCI Lane Ranch PUD Preliminary Plan Extension Exhibit Letter (A to Z) Exhibit A Garfield County Land Use and Development Code, 2013 B Garfield County Comprehensive Plan of 2030 C Application D Staff Memorandum E Resolution 2009-81 — Preliminary Plan Approval F Resolution 2010-57 — Extension G BOCC Minutes July 11, 2011 H Resolution 2013-58 - Extension I Draft Resolution J Key Points Memo from John Fredericks dated September 8, 2015 LAND August 14, 2015 WEST PLANNING I LANDSCAPE ARCHITECTURE I DEVELOPMENT SERVICES Kathy Eastley, AICP, Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Via Email: RE: keastley@garfield-county.com TCI Lane Ranch - Request for Two -Year Extension of Preliminary Plan Dear Ms. Eastley, On behalf of TCI Lane Ranch, LLC, I am requesting a two-year extension of the current Preliminary Plan approvals for the TCI Lane Ranch PUD. The current approvals require that a technically complete Final Plat application be submitted by September 8, 2015. This request is to extend that deadline to September 8, 2017. This request for an Extension of Conditional Approval is made in accordance with Section 4-101.1 of the 2013 Garfield County Land Use and Development Code, as follows: 1. Extension of Conditional Approval. It is the Applicant's responsibility to timely satisfy any conditions of approval. Prior to the expiration of a conditional approval, however, the Applicant may request an extension of the expiration date as follows: 1. Supporting Documentation. Application shall be made to the decision maker that issued the original approval and shall include a written explanation of the reasons why the conditions have not been met and the estimated timeframe in which the conditions will be met or completed. 2. First Extension. a. Extensions of 1 year may be granted for all conditional Land Use Change approvals, and Subdivision or Conservation Subdivision Preliminary Plan approvals. b. Exemptions and Final Plat approvals may be extended by a period of 90 days. 3. Additional Extensions. Requests for longer periods of time, or additional time extensions following the first extension, shall be made to the decision maker that issued the original approval, prior to the expiration of the current approval. 345 COLORADO AVE. SUITE 106 1 CARBONDALE, COLORADO 81623 1 970.379.4155 Page 1 of 9 4. New Application Required. If an Applicant fails to timely request an extension as set forth in section 4-101.1., the approval will be void and the Applicant must submit a new application for the desired Land Use Change or division of land approval notwithstanding the foregoing, the BOCC may grant an extension of an otherwise expired approval upon a finding by the BOCC that the failure to file for an extension was due to extenuating circumstances and that it benefits the public interest to grant the extension. Relevant Project History There are several County Resolutions and Permits in place concerning the TCI Lane Ranch PUD, as summarized in Table 1 below: Table 1. History of Relevant Project Approvals Type Preliminary Plan/ PUD Resolution # 2009-71 Date 9/8/2009 Description Original approval. Preliminary Plan/PUD 2009-81 12/7/2009 Retract and replace Resolution 2009 71 to correct scrivener's error. PUD Amendment Land Use Change Permit PDAA6269 2/9/2010 Administrative approval of text amendment of PUD Guide to allow "greenhouse" as a Use by Right. Floodplain Development Permit Land Use Change Permit FDPA6264 5/21/2010 Administrative approval of development in floodplain. Preliminary Plan Extension 2010-57 7/19/2010 To allow a 1 -year extension (to 9/8/2011) with the opportunity to request additional extensions. PUD Amendment 2010-101 12/20/2010 To convert (5) voluntary employee units to standard units due to market conditions. Preliminary Plan Extension TBD 7/11/11 To allow a 2 -year extension of the Preliminary Plan to allow for the filing of a technically complete final plat until September 8, 2013. Preliminary Plan Extension 2013-58 9/3/3013 To allow a 2 -year extension of the Preliminary Plan to allow for the filing of a technically complete final plat until September 8, 2015. 345 COLORADO AVE. SUITE 106 1 CARBONDALE, COLORADO 81623 1 970.379.4155 Page 2 of 9 As noted in Table 1, a prior 1 -year extension and two 2 -year extensions were requested and approved. With the 1 -year extension in 2010, the Board of County Commissioners expressly allowed for the applicant to request additional extensions in the future. The following is an excerpt from Resolution 2010-57 to that effect: E. A motion was made to approve the extension of the Preliminary Plan to allow for the filing of a technically complete final plat until September 8, 2011, with the ability for the applicant to request additional extensions in the future. The motion was approved by a vote of 3-0. Basis of Request This request for a two-year extension is being made pursuant to: • The 2013 Garfield County Land Use and Development Code, which allows for requests for longer periods of time, or additional time extensions following the first extension; • Resolution 2010-57, which allows for the applicant to make additional requests for extensions; • And Resolution 2013-58, which extended the Preliminary Plan approval to September 8, 2015. Narrative This section demonstrates the need for a 2 -year extension per Section 4-101.1 of the 2013 Garfield County Land Use and Development Code. Regional & Local Real Estate Market Influences TCI Lane Ranch was conceived and designed in 2007, prior to the U.S. economy experiencing its most severe recession since the 1930's. The community was designed with a significant amount of Open Space (69%) and high level of amenities that was generally fitting with the sales values of local real estate in the mid -Roaring Fork Valley at that time. The result of these high design standards is an infrastructure package for the community that is higher in cost -per -lot than many other subdivisions in Garfield County. The continued sluggish market recovery of single family homes and especially vacant land has led to the inability to successfully bring the project to market since Preliminary Plan was approved in 2009. Rather than to re -tool and make concessions on the design quality and amenities of the community, the partners of TCI Lane Ranch, LLC have elected to maintain the high design standards as they were conceived and ultimately approved of by Garfield County in 2009. This has required the owners to take a long-term view of the project, with a firm commitment to its design characteristics as an eco -friendly, recreation -based, and livable community that will serve as a positive example for other rural cluster communities in Garfield County and the region. This 345 COLORADO AVE. S� .TE 106 y CARBONDALE, COLORADO 81623 970.379.4155 Page 3 of 9 long-term view would not be possible without the continued support of the Garfield County Planning Staff and the Board of County Commissioners. The following tables provide a historical view and current snapshot of the real estate market for single family homes and vacant land in Garfield County and the Carbondale area. As noted in Table 2 below, the average price of vacant land in Garfield County has declined 46% since the TCI Lane Ranch Preliminary Plan was designed in 2008, from $281,617 to $151,323. During that same timeframe, the average price of a single family home has declined 19%, from $448,167 to $361,572. , Table 2. Garfield County Historical Cost Analysis (from Land Title Guarantee Company) YEAR Average Price Single Family Home Average Price Vacant Land 2008 $448,167 $281,617 2009 $414,627 $261,845 2010 $387,630 $224,867 2011 $311,271 $182,419 2012 $333,078 $184,029 2013 $317,879 $202,342 2014 $377,208 $161,957 2015 YTD $361,572 $151,323 345 COLORADO AVE. SUITE 106 0 C'..-.30 - COLORADO 81623 I 970.379.4155 Page 4 of 9 Perhaps one of the biggest factors affecting the development of TCI Lane Ranch is that recent sales transaction data suggests that real estate values in portions of Garfield County are still in decline. In Table 3 below, note that the Carbondale market (where TCI Lane Ranch is located) saw a 7% decline in average single family homes prices over the past year. Table 3. Full Year 2014 versus YTD. June 2015 (from Land Title Guarantee Company) Area Average Price Single Family 2014 Average Price Single Family YTD 2015 % Change Year -to - Date vs. Prior Year Parachute $196,111 $166,075 -15% Battlement Mesa $156,978 $183,951 17% Rifle $200,334 $230,132 15% Silt $277,220 $299,812 8% New Castle $298,204 $334,004 12% Rural $565,000 $500,000 -12% Glenwood Springs $437,904 $433,262 -1% Carbondale $721,821 $668,367 -7% Gross Live Average: $377,208 $361,572 -4% Additionally, Table 4 shows that the average price of vacant land in the Carbondale market saw a 2% decline over the past year. Table 4. Full Year 2014 versus YTD. June 2015 (from Land Title Guarantee Company) Area Average Price Vacant Land 2014 Average Price Vacant Land YTD 2015 % Change Year -to -Date vs. Prior Year Carbondale $196,973 $192,325 -2% 345 COLORADO AVE. SU TE 106 i CARBONDALE, COLORADO 81623 1 970.379.4155 Page 5 of 9 Local transactions of vacant lots have been picking up slightly, but the pace of lot sales still remains sluggish. Table 5 provides detail on vacant lot sales in the Carbondale Area over the past year. The average sales price of a vacant lot over the past year was $178,686, with sellers continuing to provide deep discounts from their list prices by an average of 10%. Table 5. Carbondale Area Vacant Lot Sales: August 2014 - August 2015 data from Sotheby's_ _ 1:,., C.. ,3O., CO - DC) 81523 j 970.379 Page 6 of 9 Address Closing Date List Price Sold Price Disc. 1 0373 Golden Bear 8/19/2014 $ 100,000 $ 85,000 -15% 2 Tbd W Diamond A Ranch Road 8/22/2014 $ 100,000 $ 85,000 -15% 3 20 Patterson 8/22/2014 $ 250,000 $ 250,000 0% 4 28 Equestrian Way 9/8/2014 $ 149,000 $ 115,000 -23% 5 Tbd Pine Street 9/15/2014 $ 225,000 $ 200,000 -11% 6 223 Rivers Bend 9/24/2014 $ 285,000 $ 235,000 -18% 7 Tbd Homestead Road 10/3/2014 $ 69,000 $ 60,000 -13% 8 6 Equestrian Way 10/7/2014 $ 159,000 $ 110,000 -31% 9 545 Graceland Drive 10/13/2014 $ 595,000 $ 570,000 -4% 10 125 River Park 10/27/2014 $ 611,000 $ 611,000 0% 11 288 Midland Point Road 11/12/2014 $ 149,000 $ 149,000 0% 12 Tbd Iron Horse 11/12/2014 $ 145,000 $ 135,500 -7% 13 150 Sopris Mesa Drive 11/14/2014 $ 199,900 $ 190,000 -5% 14 1112 Heritage Drive 11/21/2014 $ 199,500 $ 185,000 -7% 15 Tbd Homestead Rd. 11/28/2014 $ 75,000 $ 75,000 0% 16 224 W Diamond A Ranch Road 12/3/2014 $ 200,000 $ 200,000 0% 17 Tbd Meadow Court 12/4/2014 $ 300,000 $ 300,000 0% 18 261 Golden Bear 12/15/2014 $ 105,000 $ 95,000 -10% 19 0032 Fenwick 12/17/2014 $ 850,000 $ 750,000 -12% 20 Tbd Highway 82 12/24/2014 $ 135,000 $ 142,000 5% 21 142 Ponderosa Pass 12/29/2014 $ 235,000 $ 130,000 -45% 22 38 Equestrian Way 1/6/2015 $ 175,000 $ 165,000 -6% 23 Tbd Cattle Creek Road 1/7/2015 $ 98,700 $ 95,500 -3% 24 Tbd Seeburg Circle 1/27/2015 $ 120,000 $ 100,000 -17% 25 Tbd Lions Ridge Road 1/29/2015 $ 225,000 $ 175,000 -22% 26 82 Fox Fox Prowl 2/9/2015 $ 125,000 $ 90,000 -28% 27 Tbd Stonefly Drive 3/5/2015 $ 128,000 $ 120,000 -6% 28 Tbd Wader 3/11/2015 $ 149,000 $ 135,000 -9% 29 Tbd Midland 3/30/2015 $ 125,000 $ 125,000 0% 30 4119 Crystal Bridge Drive 5/6/2015 $ 169,000 $ 155,000 -8% 31 184 Sopris Mesa Drive 5/15/2015 $ 299,000 $ 223,620 -25% 32 0057 W Diamond A Ranch Road 5/15/2015 $ 129,000 $ 100,000 -22% _ 1:,., C.. ,3O., CO - DC) 81523 j 970.379 Page 6 of 9 33 lLO? O 0167 Midland Loop 5/19/2015 $ 200,000 $ 200,000 0% 34 671 N Bridge Drive 5/22/2015 $ 175,000 $ 175,000 0% 35 317 W Eighth Court 6/16/2015 $ 87,000 $ 87,000 0% 36 325 W Eighth Court 6/16/2015 $ 87,000 $ 87,000 0% 37 319,321,32 W Eighth Court 6/16/2015 $ 159,000 $ 159,000 0% 38 327,329,33 W Eighth Court 6/16/2015 $ 159,000 $ 159,000 0% 39 000026 Crystal Canyon Dr 6/16/2015 $ 175,000 $ 140,000 -20% 40 313 Ponderosa Pass 6/19/2015 $ 225,000 $ 210,000 -7% 41 0037 Primrose 6/29/2015 $ 245,000 $ 245,000 0% 42 0247 Stonefly Drive 7/15/2015 $ 399,000 $ 399,000 0% 43 153 Sopris Mesa 7/17/2015 $ 157,500 $ 125,000 -21% 44 178 Ponderosa 7/17/2015 $ 199,500 $ 198,000 -1% 45 4123 Crystal Bridge Drive 7/31/2015 $ 139,000 $ 120,000 -14% 46 18 Sunflower Loop 8/3/2015 $ 250,000 $ 170,000 -32% 47 171 Sopris Mesa Drive 8/12/2015 $ 147,000 $ 125,000 -15% AVERAGES $ 197,614 $ 178,686 -10% AVE, SUIT= 136 CARBONDALE, CO_O ;ADO 8:.23 1 970.379.4155 Page 7 of 9 Current Lending Market for Construction and Vacant Land Today's construction lending sources have become more accessible; however the requirements for approval remain stringent. Those lenders that are willing to lend on new residential projects require pre -sale contracts for qualified buyers that equal or exceed 125% of the Loan amount combined with additional borrower collateral and guarantees from principals with strong liquid balance sheets. The loan requirements of today are a reflection of the risk and the current softness in the market for new residential construction. It will be difficult to pre -sell approximately 60% of the TO Lane Ranch lots at prices that would cover the costs incurred by TCI Lane Ranch to make those available to the market place. In discussions with the local real estate sales community, it appears that the trend in prices is moving upward and demand for new properties is improving. Current Developer Marketing Efforts Over the past year, the development partners have embarked on a concentrated effort to market TCI Lane Ranch to local and regional buyers. The end goal of this effort is to obtain approximately 15-20 soft reservation contracts (fully refundable) for lots. Obtaining this level of buyer commitment in the project may enable the partners to obtain the necessary construction financing to file Final Plat and initiate construction. This current marketing effort has included: • Hiring a local real estate broker to lead sales efforts. • Field surveying and staking of 25 (of 89) lots. • New website and marketing media/ video (www.tcilaneranch.com). • Print and radio advertising campaign. • Design and installation of site real estate signage. • Building temporary viewing platforms on several available lots. • Listing 25 (of 89) lots on the local Multiple Listing Service. This marketing campaign is ongoing, and these efforts by the project partners clearly demonstrate their unwavering commitment to the successful implementation of the TCI Lane Ranch community. 343 COLORADO AVE. SU TE 106 i CARBONDALE, COLORADO 81623 I 970.379.4155 Page 8 of 9 Summary The sale prices for vacant lots and homes in the Carbondale area are improving, however lot prices and square foot values must continue to improve in order to enable the initiation of Final Plat and construction for TCI Lane Ranch. The project partners remain firmly committed to this project and to providing all of the amenities as approved in 2009, and are not contemplating surrendering any of those amenities or qualities in order to push the project forward today. Thus, we ask for additional time to bring this amazing project forward as the market will (hopefully soon) allow. We look forward to discussing this extension request with Planning Staff and the Board of County Commissioners. Please contact me with any questions or to request additional information. Thank you in advance for your time and consideration of this request. Sincerely, LANDWEST Jon Fredericks Principal Cc: Fred Jarman, Garfield County David Marrs, Geronimo Ventures, LLC Ace Lane, TCI Lane Ranch, LLC Att: 1) Signed Division of Land Application Form 2) Letter of Authorization 3) Resolution of Approval 2013-58 345 COLORADO AVE. SUITE 106 I CARBONDALE, COLORADO 81623 j 970.379.4155 Page 9 of 9 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION Owner/Applicant Name: TCI Lane Ranch, LLC Phone: ( 970 ) 963-5799 Mailing Address: 401 Tree Farm Drive City: Carbondale State: CO Zip Code: 81623 ■ Minor Subdivision Representative (Authorization Required) Name: Jon Fredericks, LANDWEST)Phone: ( 970 379-4155 • Preliminary Plan Amendment Email: lon@Iandwestcolorado. com Major Subdivision PROJECT NAME AND LOCATION Project Name: TCI Lane Ranch 0 Final Plat Amendment • Sketch ■ Preliminary ! Final Zone District: PUD Property Size (acres): 100.52 ❑ Common Interest Community Subdivision Conservation Subdivision • Public/County Road Split Exemption • Yield L❑ Sketch 0 Preliminary ■ Final • Rural Land Development Exemption 1:1 Time Extension INVOLVED PARTIES Owner/Applicant Name: TCI Lane Ranch, LLC Phone: ( 970 ) 963-5799 Mailing Address: 401 Tree Farm Drive City: Carbondale State: CO Zip Code: 81623 E-mail: David Marrs: dave@geronimoventures.biz Representative (Authorization Required) Name: Jon Fredericks, LANDWEST)Phone: ( 970 379-4155 Mailing Address: 345 Colorado Ave #106 City: Carbondale State: CO zip code: 81623 Email: lon@Iandwestcolorado. com PROJECT NAME AND LOCATION Project Name: TCI Lane Ranch Assessor's Parcel Number: 2391 _ 311 - 00 - 033 Physical/Street Address: 16411 Old Highway 82, Carbondale, CO 81623 Legal Description: see Plat Zone District: PUD Property Size (acres): 100.52 OFFICIAL USE ONLY File Number: Fee Paid: $ Project Description Existing Use: Agriculture Residential. Proposed Use (From Use Description of Project: Table 3-403): Request a two-year extension to the current Preliminary Pian approvals. Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family 71 71 26.730 varies Duplex 18 18 4.034 varies Multi -Family 0 0 0 0 Commercial 0 0 0 o Industrial 0 0 0 0 Open Space 5 0 68.780 varies Other 3 (community utility) 0 0.978 0 Total 97 89 100.52 REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Signature of Property caner Date 760720 12/29/2008 04:29:14 PM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $6.00 Doc Fee: $0.00 eRecorded Statement of Authority (Section 38-30-172, C.R.S.) L This Statement of Authority relates to an entity named:TCI Lane Ranch, a Colorado limited liability company 2.. The type of Entity is a: • corporation nonprofit corporation . Jf limited liability company —general partnership limited partnership , _ registered limited liability partnership registered limited liability limited partnership limited partnership association government or governmental subdivision or agency trust 3. The entity is formed under the lawS of the State of Colorado. 4. The mailing address for the entity is: 401 Tree Farm Drive, Carbondale, Colorado 81623. I. 5. The name of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: Andrew N. ("Ace") Lane as Co -Trustee of the William N. Lane Trust dated July 30, 1969 FBO Andrew N. Lane . 6. The authority of the foregoing.person to bind the entity is not limited. 7. Other matters concerning the manner in which the entity deals with interests in real property: 8: This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 9. This Statetnent of Authority amends and supersedes in all respects any prior Statement of Authority executed on behalf of the entity. Executed this Z day of Decetnber, 2008. Name: TCI LANE RANCI-I, LLC a Colorado limited liability company By: William N. Lane Trust dated July 30, 1969 FBO Andrew N. Lane, Member By: - • Andrew . Lan Co -Trustee STATE OF COLORADO ) ) ss. COUNTY OFa- 6...) ) • The foregoing instrument was acknowledged before me this .& day of December, 2008, by Andrew N. Lane, as Co - Trustee for the William N. Lane Trust dated July 30, 1969 FBO Andrew N. Lane as Member of TCI Lane Ranch, LLC. WITNESS my hand and official seal. My commission expires: 7- 7 CI 9 r Notary blit 401 Tree Farm Drive Carbondale, Colorado 81623 970.963.5696 August 12, 2015 Kathy Eastley, AICP, Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 RE: TCI Lane Ranch, LLC: Letter of Authorization Dear Ms. Eastley, This letter grants authorization to Jon Fredericks of LANDWEST Colorado, LLC (dba LANDWEST) to submit various land use applications and to represent TCI Lane Ranch, LLC throughout various land use review processes with Garfield County. Sincerely, TCI Lane Ranch, LLC William N. Lane Trust dated July 30, 1969 FBO Andrew N. Lane, Member By: a �_ Arpdrew.N. Lane, Co -Trustee Cc: Jon Fredericks, LANDWEST David Marrs, Geronimo Ventures, LLC 111'i'E a FAMIC R Ih I I/ 4141NA 10**,04 101 Reception#t: 840245 09/04/2013 02:44:33 PM Jean Alberico 1 of 3 Rec Fee$0 00 Doc Fee:0.00 GRRF1ELD COUNTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Garfield County Administration Building, 108 8th Street, Glenwood Springs on Monday, the 3`d day of September, 2013, there were present: John Martin Mike Samson Tom Jankovskv Frank Hutfless Carey Gagnon Jean Alberico Andrew Gorgey , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Assistant County Attorney , Clerk of the Board County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. -23613 -58 A RESOLUTION CONCERNED WITH THE APPROVAL OF A THIRD EXTENSION FOR THE TCI LANE RANCH PUD PRELIMINARY PLAN LOCATED EAST OF CATHERINE STORE AND CR 100 ON OLD H[GHWAY 82, GARFIELD COUNTY PARCEL NO. 2391-311-00-033 Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act. B. On 3rd day of September, 2013, the Board considered whether a request for a two- year Preliminary Plan extension, to allow for an additional period of time for the Applicant to file a technically complete Final Plat, should be granted, granted with conditions, or denied at which meeting the public and interested persons were given the opportunity to express their opinions regarding the issuance of said extension. C. The Board of County acted on the basis of substantial competent evidence produced at the aforementioned meeting. D. The Preliminary Plan for the TCI Lane Ranch PUD subdivision was approved by the Board on the 8th day of August. 2009 under Resolution No. 2009-81 for real property described in the document recorded at Reception Number 705846 in the records of the Clerk and Recorder, Garfield County, Colorado. 3 0111 'E'rlil'hirAPE+i ori L4eill:EntIV,riti 141 IN 01 II Receptiont3: 840245 09)04/2013 02.44 33 PM Jean Aiberico 2 of 3 Rec Fee $0.00 Doc Fee 0 00 GARFIELD COUNTY CO E. In accordance with the Garfield County Land Use Resolution of 2008, as amended, and the Preliminary Plan approval for the TCI Lane Ranch PUD subdivision, the Applicant was required to file a technically complete Final Plat application prior to September 8, 2010. F. The Board of County Commissioners held a public meeting on July 19, 2010 to consider an extension of the TCI Lane Ranch PUD Preliminary Plan, which was approved for a one-year period and memorialized in Resolution 2010-57. This extension required that the Applicant file a technically complete Final Plat application prior to September 8, 2011. H. In accordance with the Garfield County Land Use Resolution of 2008, as amended, the Preliminary Plan approval for the TCI Lane Ranch PUD subdivision and subsequent extension, the Applicant filed a request for a second extension of the Preliminary Plan. I. The Board of County Commissioners held a public meeting on July 19, 2011 to consider an extension of the TCI Lane Ranch PUD Preliminary Plan, which was approve for a two-year period which extended the requirement for filing of a technically complete final plat until September 8, 2013 J. In accordance with the Land Use and Development Code of 2013, the Preliminary Plan approval for TCI Lane Ranch PUD and subsequent extensions of that approval, the Applicant filed a request for a third extension of the Preliminary Plan. 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 this Resolution. B. The request for extension of the Preliminary Plan is consistent with the requirements of the Garfield County Land Use and Development Code of 2013. C. The public meeting before the Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and all interested parties were heard at that hearing. D. The granting of a two-year extension is in the best interest of the health, safety and welfare of the citizens of Garfield County. E. A motion was made to approve the extension of the Preliminary Plan to allow for the filing of a technically complete final plat until September 8, 2015. The motion was approved by a vote of 3-0. ®1111'1', )'Y001114iS,1i'tt W1,1,110111111 111111 Reception#: 840245 00/04!20t3 02:44.33 PM Jean P1bericc 3 of 3 Rec Fee:$0.00 Doc Fee. 0.00 GRRFIELD COUNTY CO it4 Dated this 3 day of 471-. . , A.D. 2013. ATTEST: GARFIELD COUNTY BOARD COMMISSION" ARFIELD COUNTY, COLORADO m LLiC.ti-w.o erk of the Board Upon motion duly made and seconde following vote: John Martin Mike Samson Tom Jankovsky STA I OF COLORADO County of Garfield } )ss 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, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of A.D. 2013. County Clerk and ex -officio Clerk of the Board of County Commissioners BOCC September 8, 2015 KE REQUEST APPLICANT / OWNER REPRESENTIATIVE LOCATION SITE DATA EXISTING ZONING TCI Lane Ranch Preliminary Plan Extension TCI Lane Ranch, LLC Jon Fredericks, LandWest Old Highway 82 east of CR 100 100.54 acres/ 89 Single Family and Duplex Lots PUD Canserv&ior Easement (32.4 Acres) AllowoDt Dwelling 51rie I REQUEST TCI Lane Ranch, LLC requests the Board of County Commissioners (the Board) grant a two-year extension to the Preliminary Plan which will expire on September 8, 2013. The Land Use and Development Code of 2013 (LUDC) contains a provision that allows an Applicant to request extension of a Preliminary Plan pursuant to Section 4- 101 (I). The Board granted Preliminary Plan approval for this subdivision on September 8, 2009, Resolution No. 2009-81, Exhibit E, with a one year timeframe in which the final plat 1 BOCC September 8, 2015 KE application must be accepted as complete by the Community Development Department. Prior to the expiration of the approval TCI Lane Ranch, LLC requested the Board consider an extension of the Preliminary Plan for a one year period. The Board, in a Public Meeting held on July 19, 2010, extended the approval to September 8, 2011, Exhibit F. A second request for extension was received from TCI Lane Ranch, LLC which the Board considered in a Public Meeting held on July 11, 2011. At that time the Board extended the Preliminary Plan for two (2) years, until September 8, 2013. The minutes to that meeting are attached as Exhibit G. A third request for extension was received from TCI Lane Ranch, LLC which the Board considered in a public meeting on September 3, 2013. At that time the Board extended the Preliminary Plan for two (2) years, until September 8, 2015, Exhibit H. TCI Lane Ranch seeks a fourth extension, for a period of two (2) years which, if granted would extend the Preliminary plan until September 8, 2017. 11 Section 4-101 I. Extension of Conditional Approval. It is the Applicant's responsibility to timely satisfy any conditions of approval. Prior to the expiration of a conditional approval, however, the Applicant may request an extension of the expiration date as follows: 1. Supporting Documentation. Application shall be made to the decision maker that issued the original approval and shall include a written explanation of the reasons why the conditions have not been met and the estimated timeframe in which the conditions will be met or completed. 2. First Extension. a. Extensions of 1 year may be granted for all conditional Land Use Change approvals, and Subdivision or Conservation Subdivision Preliminary Plan approvals. b. Exemptions and Final Plat approvals may be extended by a period of 90 days. 3. Additional Extensions. Requests for longer periods of time, or additional time extensions following the first extension, shall be made to the decision maker that issued the original approval, prior to the expiration of the current approval. 4. New Application Required. If an Applicant fails to timely request an extension as set forth in section 4-101.1., the approval will be void and the Applicant must submit a new application for the desired Land Use Change or division of land approval notwithstanding the foregoing, the BOCC may grant an extension of an otherwise expired approval upon a finding by the 2 BOCC September 8, 2015 KE BOCC that the failure to file for an extension was due to extenuating circumstances and that it benefits the public interest to grant the extension. The Board may consider a two-year extension of the Preliminary Plan which would allow TCI Lane Ranch, LLC additional time to satisfy conditions of approval and submit a technically complete Final Plat. Should the Board approve this request a Draft Resolution is included as Exhibit I which would extend the timeframe to submit a technically complete final plat until September 8, 2017. 3 11111 11111,'aAI ACieliiii10.«G1, N11,141 111" 111 111 Reception#: 778758 12/09/2009 10 25 06 AM Jean Alberico 1 of 22 Rec Fee 80.00 Doc Fee 0 00 GARFIELD COUNTY CO STATE OF COLORADO County of Garfield ) )ss 1 EXHIBIT 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 Mike Samson Tresi Houpt Deborah Quinn Jean Alberico Ed Green (absent) , Commissioner Chairman , Commissioner , Commissioner , Asst. County Attorney , Clerk of the Board , 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 1/2 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; 1 Illi 'i%Priii' ';iIlildirhorlitiliiMOCVI 11111 Recept i on#t : 778758 12709/2009 10.25'06 RM 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 I 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; I. 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 1111 '11♦P1?iireilliV,i14GL1' 1CWI1 R ILMN ITT ■M„. Reception#: 778758 12/09/2009 10:25:06 PM Jean R1berico 3 of 22 Rec Fee:$0 00 Doc Fee.0.00 GARFIELD COUNTY C0 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 ■Gii nri�i" '& irir'�INi�TII� �r �� Irr'& M'711.YNd��'�'s & ■! 111 Reception##: 778758 12/09/2009 10.25:06 AM Jean Alberico 4 of 22 Rec Fee $0,00 Doc Fee 0.00 GARFIELD 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 ■lll h'i'1Phr1iMia liti ltHil.lIOidM111, '1M int Reception##: 778758 12/09/2009 10.25:06 AM Jean Alberico 5 of 22 Rec Fee.$0.00 Doc Fee 0,00 GARFIELD COUN1Y 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 thc deed restriction and plan for the additional non -required employee units with the Final Plat. 5. OFF-SITE IMPROVEMENTS TO CR 100 / STATE 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 turn 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 ■ I I IKi r i V17 1.111 J' 11, 11111111911M/I IN' r u'u '.! R r m r+ 1111111 Recept i onis : 778758 12/09/2009 10:25:06 AM Jean Alberico 6 of 22 Rec Fee;$0.00 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 swates 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 1111 h'i PriiiVifL1110 rime vo. multi Awl ■! II 1 Receptions#: 778758 12/09/2009 10:25:06 RM 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 ■11I!Pi Nl?i1itffaJ11IW°IAL It/ Pi 11111 Reception#: 778758 12/09/2009 10.25 06 RM Jean Rlberico 8 of 22 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 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. A Iii ST: ft rYl lerk of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARF 1 COUNTY, COL „471 J la 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 County of Garfield )ss 8 •Illh'i1,1.6P11INIlt4tiNir' rifir, 'i WO, !. IIII! Rece p t i on#1 : 778758 12/09/2009 10.25:06 PM Jean Rlberico 9 of 22 Pec Fee $0 00 Doc Fee:0.00 GARFIELD 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 j 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 9 111 WI %NtilivY. ,I07L0:I0,IY4IKni 11 II Reception#: 778758 12/09(2009 10:25-06 AM Jean Alberico 10 of 22 Rec Fee•$0.00 Doc Fee -0.00 GARFIELD COUNTY CO MP fir is6wrirdrirti1'.urri,ill'hIT uIU1 IN111711111T11011 111 Reception##: 778758 12/09/2009 10:25:06 AM Jean Alberico 11 of 22 Rec Fee:$0 00 Doc Fee:0 00 GARFIELD COUNTY CO ■IIIA''♦ +I�1!l�tii.lh�`1��'�G+�1F,l�l"�1,�1ti1�1tiMl�N�� • II! Reception#: 778758 12f0912009 10:25.06 AM Jean A1berico 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) ■IIIAtliiirli II.1 GTIM1�lir.1A4'1CICKItliii 11111 Reception#: 778758 12/09/2009 10.25 06 RM Jean Alberico 13 of 22 Rec Fee.$0,00 Doc Pee .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). TC! Lane Ranch — Preliminary Plan / PUD 2 September 2009 111110|111Ao 1111 Reception#: 778758 12109/2009 10.25.06 AM Jean Alberice 14 of 22 Pec Fee:$0 00 Doc Fee.0 00 GARFIELD COUNTY CO TCI Lane Ranch PUD LAND USE Total Land Area 100.45 acres +/- Total Developed Area (Zones Single Family Residential; Duplex Residential; Community Utility 31.46acres +/- Total Open Space Area (Zones) Community Center; Comnion Open Space; Conservation Easement 6Q.QQacres +/' Total Number of Residential Lots 89 Total Number of Dwelling Units 89 Total Area of Proposed Non -Residential Floor Space (existing buildings) Community Center (1'4S8sB;Ranch Cabin (G5Usf);Log Shed (2SOsf) 2,350 sf Total Number of Proposed Off -Street Parking Spaces (1 space per BR, min.) 200 - 506 Total Proposed Density 1.13 acres/dwelling unit TCIcuneRanx»—Pmlininary Pian / PUD 3 September 2009 Unit Type / Max. Sq. Ft. Max. Sq. Ft. Quantity 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 sf 17 TOTAL UNITS 89 TCIcuneRanx»—Pmlininary Pian / PUD 3 September 2009 +/- SingIe Family Residential 26.372 Duplex Residential 4.109 Community Utility 0.979 Community Center 3.414 Private Common Open Space 33.178 Conservation Easement 32.397 TOTAL ACRES 100.45 +/- TCIcuneRanx»—Pmlininary Pian / PUD 3 September 2009 11IIIh'i'ilitillirJlhE,tr,10.1kr,Ir UCCOlilfiVrti"i11it1 Reception#: 778758 12/09)2009 10:25'06 RM Jean Alberico 15 of 22 Rec Fee:$0,00 Doc Fee:0 CO 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 4 September 2009 1111 WC Irilefill,I1041411N 11111 Reception#: 778758 12/09/2009 10:29:06 AM 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 : TC1 Lane Ranch — Preliminary Plan / PUD 5 September 2009 Mill h'i IllrakIKElifIr y"ail:['Uri■I1t1 Reception#: 778758 12(09/2009 10:25:06 9M Jean R1berxco 17 of 22 Pec Fee -$0.00 Doc Fee:0 00 GARFIELD 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 +/-) 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 TCI Lane Ranch — Preliminary Plan / PUD 6 September 2009 111111Atell',1,hINJOIt 10.161l1:114TN1105'1l11iiii 1111 Reception#: 778758 12/09/2009 10.25 06 AM Jean AL6erico 18 of 22 Rec Fee•$0 00 Doc Fee0.00 GARFIELD COUNTY CO E. Private Common Open Space (Tract C — 31.514 Acres +/-, Tract D — 0.493 Acres +/-, Tract E — 0.995 Acres +/-, Tract 1— 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 TC! Lane Ranch — Preliminary Plan / PUD 7 September 2009 ■IIW14+Y'1!l�lf+A+t4101161Cia'terle01!0111 ■ �� Recept iontt : 778758 12109/2009 10 25.06 AM 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 2. 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 TC! Lane Ranch — Preliminary Plan /PUD 8 September 2009 IfF16 MIN 1111111. ITI i IVA 1711111Nritiiniuml, Reception#: 778758 12/09/2009 1025,06 nm Jean Alberico 20 of 22 Rec Fee1.0 00 Doc Fee:0_00 GARFIELD COUNTY CO ./ i• ;17 !!2 ; • 01 ! II ;I 41/ f!' /45. 1„3 A Y t; t; / 3 t Lil vk .354.30' N/ id:.' fi .4.,I ', !" ' SO0310'371 ---;.:,./ '''. '1, * ,11.,, hif:11: \:''41:'': 1 il:'\ii:t)14u '. L l'"' 4 774;31\1.; i _''Z'i!.4.0' 'I 1 1!) . 1 , 1!!!!Ptte g ;t • 1 • !I 3 477 sto P I I r!! 1;' 4 No' ', • it t- a pit 4 g; I; ; 0 , th. , 1 il liP.„ gi, if !:::,• : !UR !IP " ri ' 14 itt' ;1111 i 3t iM -1"; 1 4 4 li fi qh 1 11 q;111 4:1 I 0 11 1. it,: 11..! ..1 111 IN 3,1 • / i I . I 1T1 i I 1 I 1 i ii III ii i 1 501111 i 4 1 3 ...m °4 - tx.' • 211,1 rlf !II Ili - 1 ;:ii t f,- II i g Igio.sui 11,_, $101 els 0 It Ai 14111 vilo 1 ile 11., ; 0 0 ,z•iFii• :1 :i;ifilligitA PA -4 ilt 140. 661'1! 6 ;' ,i .16A IsR .a Iii sli Oil 'A 10 11 ;0 14 IPA ir" i fi 1 • 1140 / 1 a ..... -I, - '000 a 460 i li 14 0ti )0 !tr. f '3 ;0 ii,f 4 % li !Pis i I ia 01 ; 0)I • ,i- - 1 ' 6 li 60 mgoi !11, l' i [ ; tJ 1 4 , , 0., ,, 11, ia 1 3tr tra 471 r 414413i194 r" -r eq!, tj W.V. t 445,Fut73 - I A iy 3 1 4 I ' 1Vld A}dVNIV11138c1 Zap !I 3 !!, klia• 0 5 r 2 re 1'1 -4 • • 1111011 111 1111111111111111111 III ■ H11 1111 11 =111111■ M11111111 v ni • tai ii i Reception#: 778758 12,0912009 10:25.06 P11 Jean Alberico 21 of 22 Rec Fee $0.00 Doc Fee:0.00 GARFIELD COUNTY CO tg B 1 9 to a4 r i •111 ftr. .W.14l A 1fr ■ I'CII,iIT i 11 II I Reception#: 778758 12/09/2009 10 25.06 AM Jean AIberico 22 of 22 Rec Fee,$0 00 Doc Fee:0.00 GARFIELD COUNTY CO TCI LANE RANCH LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN LOTS 6. 9 AND 10 OF SECTION 31 AND IN LOTS 5 AND 1.3 OF SECTION 32. AU. IN. TOWNSHIP 7 SOUTH. RANGE 87 WEST OF THE 6th PRINCIPAL MOAN, GARFIELD COUNTY, COLORADO, LYING SOUTHERLY OF AND ADJACENT TO THE SOUTHERLY RIGHT-OF-1NAY UNE OF OLD STATE HIGHWAY NO. 82 AND BEING MORE PART1CUL $I LY DESCRIBED AS FOLLOWS: BEGINNIN0 AT A POINT ON SAID SOUTHERLY R•4HT-OF-WAY UNE YA4t u A STONE FOUND M PLACE FOR THE WITNESS CORNER 70 THE NORTHEAST CORNER OF SAID SECTION 31 BEARS N26'00'43'E 1433.52 FEET: THENCE S79558'521 2125.37 FEET ALONG SAID SOUTHERLY RIGHT -0F -WAY UNE TO NE NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN 1300K 1013 AT PAGE 423 OF THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORD L THENCE ALCM THE YIESTERLY BOUNDARY UNE OF SAID PARCEL ON THE FOLLOWING TWO (2) COURSES: SO4'55'00'W 461,90 FEET: THENCE 50I'O0'00T 861.25 FEET TO A POINT ON THE /FORMERLY RIGtIT-OF-WAY UNE OF THE ROARING fORK TRANSIT AUTHORITY RAILROAD RIGHT-OF-WAY: THENCE 169.57 FEtt ALONG SAID NORTHERLY RARJROAD RIGHT- OF -WAY UNE CN THE MC OF A 1565.69 FOOT RADIUS CURVE TO THE LEFT, THE CHORD OF WHICH BEARS S54'32'431Y 169,49 FEET TO A POINT ON NE SOUTHERLY BOUNDARY UNE OF STUD LOT 13: THENCE N89'54'14'W 651.37 FEET ALONG THE SOUL LY BOUNDARY UNE OF SAND LOT 13 TO THE NORTHEAST CORNER OF SAID 1.07 TO: THENCE S0010'37E 354.80 FEET ALONO THE EASTERLY BOUNDARY UNE or SAID LOT 10 70 1 PO4NT P4 THE CENTER OF THE ROARING FORK RIVER: THENCE ALONG THE CENTER OF SAID ROARING FORK RIVER ON THE FOLLOWING SEVEN (7) COURSES: S86'53'04 W 294.14 FEET: THENCE 58532.23'1N 117.60 FEET: THENCE 578'29'25'W 123,94 FEET: THENCE S89'17'47'14 118.54 FEET: THENCE 56742'27*W 386.40 FEET: THENCE 562'4818'V 124,67 FEET; THENCE 55758'42"W 236.29 FEET TO A POINT ON 714E EASTERLY BOUNDARY UNE OF BLUE CREEK RANCH RECORDED AS RECEPTION NO. 623535 IN THE RECORDS OF THE GARFIELD COUNTY CLERK .AND RECORDER; THENCE ALONG NE EASTERLY BOUNDARY LINE OF SAID BLUE CREEK RANCH THE FOLLOWING THREE (3) COURSES: N 0010'37'W 736.64 FEET; THENCE N89.54.14 W 231.46 FEET: THENCE N00'02'131W 1677.90 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBaa) IN BOOK 333 AT PAGE 811 OF THE GARF1Etf COUNTY RECORDS: THENCE 57952`121 278.00 FEET ALONG THE SOUTHERLY BOUNDARY UNE or THE PARCEL DESCRIBED IN SAID BOOK 333 AT PAGE 511 70 THE SOUTHEAST CORNER OF SAID PARCEL; THENCE 1400'02'13-W 156.69 FEET ALONG THE EASTERLY eOUNDAP.Y UNE OF SAID PARCEL TO THE POINT OF BEGINNING. CONTAININC 100.449 ACRES AS SURVEYED. nil 11111 Reception#: 789509 08104/2010 10.18 00 A41 Sean Alberico 1 of 3 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, the 19th day of July, 2010, there were present: John Martin Mike Samson Tresi Houpt Deborah Quinn Jean Alberico Dale Hancock for Ed Green , Commissioner Chairman Commissioner Commissioner , Assistant County Attorney , Clerk of the Board County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2010-57 A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXTENSION FOR THE TCI LANE RANCH PUD PRELIMINARY PLAN LOCATED EAST OF CATHERINE STORE AND CR 100 ON OLD HIGHWAY 82, GARFIELD COUNTY PARCEL NO. 2391-311-00-033 Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act. B. On 19th day of July, 2010, the Board of County Commissioners opened a public meeting upon the question of whether a Preliminary Plan extension to allow for an additional period of time for the Applicant to file a technically complete Final Plat should be granted, granted with conditions, or denied at which meeting the public and interested persons were given the opportunity to express their opinions regarding the issuance of said extension. C. The Board of County Commissioners closed the public meeting on the 19th day of July, 2010, and acted on the basis of substantial competent evidence produced at the aforementioned hearing. D. The Preliminary Plan for the TCI Lane Ranch PUD subdivision was approved ■111 h4 MJ?illtillil r llel ilr>ti'Wt ill119.1iii 11111 Reception#: 789509 08/04/2010 10 18.00 PM Jean Rlberico 2 of 3 Reo Fee $0.00 Doc Fee:0.00 GARFIELD COUNTY CO by the Board on the 8th day of August, 2009 under Resolution No. 2009-81 for real property described in the document recorded at Reception Number 705846 in the records of the Clerk and Recorder, Garfield County, Colorado. E. In accordance with the Garfield County Land Use Resolution of 2008, as amended, and the Preliminary Plan approval for the TCI Lane Ranch PUD subdivision, the Applicant must file a technically complete Final Plat application prior to September 8, 2010. F. In accordance with the Garfield County Land Use Resolution of 2008, as amended, and the Preliminary Plan approval for the TCI Lane Ranch PUD subdivision, the Applicant filed a request to extend the Preliminary Plan to allow for the filing of a technically complete final plat for a period of two years to September 8, 2012. 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 this Resolution. B. The request for extension of the Preliminary Plan to allow for the filing of a technically complete final plat for a period of two years is inconsistent with the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended which stipulates that an extension may be granted for a period of one year. The Board may grant a one year extension. C. The public meeting before the Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and all interested parties were heard at that hearing. D. The granting of a one-year extension is in the best interest of the health, safety and welfare of the citizens of Garfield County. E. A motion was made to approve the extension of the Preliminary Plan to allow for the filing of a technically complete final plat until September 8, 2011, with the ability for the applicant to request additional extensions in the future. The motion was approved by a vote of 3-0. Dated this a nA day of Qt A.D. 2010. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY. COLORADO iv KNIAtN}Mit 141 I �Iri'til' ` IN III1 Reception#: 789509 08/0412010 10:19.0 AM Doc 0.00 0ean 00rGARFIELD COUNTY CO Met erk of the Board Upon motion duly made and seconded the foregoing following vote: John Martin Mike Samson , Aye , Aye Tresi Houpt , 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, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this _ day of , A.D. 2010. County Clerk and ex -officio Clerk of the Board of County Commissioners July 11, 2011— BOCC Minutes EXHIBIT A. CONSIDER A REQUEST FOR A TWO (2) YEAR EXTENSION OF THE PRELIMINARY PLAN FOR TCI LANE RANCH PUD SET TO EXPIRE ON SEPTEMBER 8, 2011. APPLICANT I5 TCI LANE RANCH, LLC. — KATHY EASTLEY ****Kathy Eastley, Dave Morris and Jon Fredericks, Principal of TCI Lane Ranch were present. Kathy submitted the following exhibits for this public meeting: Exhibit A — Garfield County Land Use Resolution of 2008, as amended; Exhibit B — Garfield County Comprehensive Plan of 2030; Exhibit C — Letter Requesting Extension; Exhibit D — Staff Memorandum; Exhibit E — Resolution 2009-81— Preliminary Plan Approval; and Exhibit F — Resolution 2010-57 — Preliminary Plan Extension. Chairman Martin admitted these exhibits A — F into the record. Kathy summarized the letter from Land West Planning, Landscape Architecture, and Development Services saying the request is for a two-year extension of the current Preliminary Plan approvals for the TCI Lane Ranch PUD. The current approvals require that a technically complete Final Plan application be submitted by September 8, 2011. This request is to extend that deadline to September 8, 2013. Requests for Preliminary Plan extensions are allowed in accordance with Section 4-103.G.8 of the Unified Land Use Resolution of 2008, as Amended. Discussion Jon Frederick — Items listed as Exhibit G through J and submitted these exhibits to Jean: Exhibit G — Garfield County Foreclosure History; Exhibit H — Market Analysis from Land Title; Exhibit I — Additional work analysis from Land Title; and Exhibit J — Local Area Unemployment Statistics Map. Chairman Martin entered Exhibits G —1 into the record. Jon explained the exhibits in detail giving statistics in a spreadsheet and submitting information from Land Title, foreclosures and unemployment statistics showing Garfield County as 9.3%/ The unemployment rate in Garfield County is not impressive. There are many things with this development and we plan to do many things to move forward with this development. We originally intend to do construction in 2010. We need to do everything to keep this project alive. Therefore, we are requesting an additional two more years. Chairman Martin — Or you could start over when the economic conditions improve. Dave — As an owner of the project, I am committed to the development of this project. We have a Website and Marketing tools in place. We have in our plans a Greenhouse that creates a project for the community. Again, we are deeply committed. Commissioner Jankovsky — After all the time you've spent and where you are I would encourage you to go ahead and I'll make a motion that we approve the 2 -year extension until September 8, 2013. Commissioner Samson — Second. Commissioner Jankovsky — We have several others with the same issues. In favor: Jankovsky — aye Martin — aye Samson — aye 1111 h'iili F:"heihrfA r4P. G ,11.0,111,1 1111 Reception#: 840245 09104/2013 02:44:33 PM Jean Alberico 1 of 3 Rec Fee:$0 00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) EXHIBIT At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Garfield County Administration Building, 108 8th Street, Glenwood Springs on Monday, the 3`d day of September, 2013, there were present: John Martin Mike Samson Tom Jankovsky Frank Hutfless Carey Gagnon Jean Alberico Andrew Gorgey , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Assistant County Attorney , Clerk of the Board County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. -10/3 -5b' A RESOLUTION CONCERNED WITH THE APPROVAL OF A THIRD EXTENSION FOR THE TCI LANE RANCH PUD PRELIMINARY PLAN LOCATED EAST OF CATHERINE STORE AND CR 100 ON OLD HIGHWAY 82, GARFIELD COUNTY PARCEL NO. 2391-311-00-033 Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act. B. On 3rd day of September, 2013, the Board considered whether a request for a two- year Preliminary Plan extension, to allow for an additional period of time for the Applicant to file a technically complete Final Plat, should be granted, granted with conditions, or denied at which meeting the public and interested persons were given the opportunity to express their opinions regarding the issuance of said extension. C. The Board of County acted on the basis of substantial competent evidence produced at the aforementioned meeting. D. The Preliminary Plan for the TO Lane Ranch PUD subdivision was approved by the Board on the 8111 day of August, 2009 under Resolution No. 2009-81 for real property described in the document recorded at Reception Number 705846 in the records of the Clerk and Recorder, Garfield County, Colorado. 3 1111 1141.110[G1016,140 1 III Recept ion#3 : 840245 09/04/2013 02:44:33 PM Jean Alberico 2 of 3 Rec Fee:$0 00 Doc Fee:0 00 GPRFIELD COUNTY CO E. In accordance with the Garfield County Land Use Resolution of 2008, as amended, and the Preliminary Plan approval for the TCI Lane Ranch PUD subdivision, the Applicant was required to file a technically complete Final Plat application prior to September 8, 2010. F. The Board of County Commissioners held a public meeting on July 19, 2010 to consider an extension of the TCI Lane Ranch PUD Preliminary Plan, which was approved for a one-year period and memorialized in Resolution 2010-57. This extension required that the Applicant file a technically complete Final Plat application prior to September 8, 2011. H. In accordance with the Garfield County Land Use Resolution of 2008, as amended, the Preliminary Plan approval for the TCI Lane Ranch PUD subdivision and subsequent extension, the Applicant filed a request for a second extension of the Preliminary Plan. I. The Board of County Commissioners held a public meeting on July 19, 2011 to consider an extension of the TCI Lane Ranch PUD Preliminary Plan, which was approve for a two-year period which extended the requirement for filing of a technically complete final plat until September 8, 2013 J. In accordance with the Land Use and Development Code of 2013, the Preliminary Plan approval for TCI Lane Ranch PUD and subsequent extensions of that approval, the Applicant filed a request for a third extension of the Preliminary Plan. 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 this Resolution. B. The request for extension of the Preliminary Plan is consistent with the requirements of the Garfield County Land Use and Development Code of 2013. C. The public meeting before the Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and all interested parties were heard at that hearing. D. The granting of a two-year extension is in the best interest of the health, safety and welfare of the citizens of Garfield County. E. A motion was made to approve the extension of the Preliminary Plan to allow for the filing of a technically complete final plat until September 8, 2015. The motion was approved by a vote of 3-0. 1111 �'i y�'Y1��K +G�IlI ll�i4lf�a�,��;�+��fii ?1 l�t�,l1��11111 Reception#: 840245 09!0412013 02 44 33 PM Jean Plberico 3 of 3 Rec Fee $0 00 Doc Fee 0 00 GPRFIFLD COUNTY CO Dated this 3 day of , A.D. 2013. ATTEST: GARFIELD COUNTY BOARD COMMISSION" ARFIELD COUNTY, COLORADO m Qittuu--moo erk of the Board Upon motion duly made and following vote: John Martin Mike Samson Tom Jankovsky STATE OF COLORADO County of Garfield seconde )ss Resol 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, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2013. County Clerk and ex -officio Clerk of the Board of County Commissioners STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Garfield County Administration Building, 108 8th Street, Glenwood Springs on Tuesday, the 8th day of September, 2015, there were present: John Martin Mike Samson Tom Jankovsky Kevin Batchelder Tari Williams Kelly Cave Jean Alberico Commissioner Chairman , Commissioner , Commissioner , Acting County Manager , Acting County Attorney , Assistant County Attorney , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. A RESOLUTION CONCERNED WITH THE APPROVAL OF A FOURTH EXTENSION FOR THE TCI LANE RANCH PUD PRELIMINARY PLAN LOCATED EAST OF CATHERINE STORE AND CR 100 ON OLD HIGHWAY 82, GARFIELD COUNTY PARCEL NO. 2391-311-00-033 Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act. B. On 8th day of September, 2015, the Board considered whether a request for a two- year Preliminary Plan extension, to allow for an additional period of time for the Applicant to file a technically complete Final Plat, should be granted, granted with conditions, or denied at which meeting the public and interested persons were given the opportunity to express their opinions regarding the issuance of said extension. C. The Board of County acted on the basis of substantial competent evidence produced at the aforementioned meeting. D. The Preliminary Plan for the TCI Lane Ranch PUD subdivision was approved by the Board on the 8th day of August, 2009 under Resolution No. 2009-81 for real property described in the document recorded at Reception Number 705846 in the records of the Clerk and Recorder, Garfield County, Colorado. E. In accordance with the Garfield County Land Use Resolution of 2008, as amended, and the Preliminary Plan approval for the TCI Lane Ranch PUD subdivision, the Applicant was required to file a technically complete Final Plat application prior to September 8, 2010. F. The Board of County Commissioners held a public meeting on July 19, 2010 to consider an extension of the TCI Lane Ranch PUD Preliminary Plan, which was approved for a one-year period and memorialized in Resolution 2010-57. This extension required that the Applicant file a technically complete Final Plat application prior to September 8, 2011. H. In accordance with the Garfield County Land Use Resolution of 2008, as amended, the Preliminary Plan approval for the TCI Lane Ranch PUD subdivision and subsequent extension, the Applicant filed a request for a second extension of the Preliminary Plan. I. The Board of County Commissioners held a public meeting on July 19, 2011 to consider an extension of the TCI Lane Ranch PUD Preliminary Plan, which was approved for a two-year period which extended the requirement for filing of a technically complete final plat until September 8, 2013 J. In accordance with the 2013 Land Use and Development Code, the Preliminary Plan approval for TCI Lane Ranch PUD and subsequent extensions of that approval, the Applicant filed a request for a third extension of the Preliminary Plan. K. The Board of County Commissioners held a public meeting on September 3, 2013 to consider an extension of the TCI Lane Ranch PUD Preliminary Plan, which was approved for a two-year period which extended the requirement for filing of a technically complete final plat until September 8, 2015. J. In accordance with the 2013 Land Use and Development Code, as amended, the Preliminary Plan approval for TCI Lane Ranch PUD and subsequent extensions of that approval, the Applicant filed a request for a fourth extension of the Preliminary Plan. 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 this Resolution. B. The request for extension of the Preliminary Plan is consistent with the requirements of the Garfield County 2013 Land Use and Development Code, as amended. C. The public meeting before the Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and all interested parties were heard at that hearing. D. The granting of a two-year extension is in the best interest of the health, safety and welfare of the citizens of Garfield County. E. A motion was made to approve the extension of the Preliminary Plan to allow for the filing of a technically complete final plat until September 8, 2017. Dated this day of , A.D. 2015. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Date Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin Mike Samson Tom Jankovsky , Aye/Nay , Aye/Nay , Aye/Nay 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, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2015. County Clerk and ex -officio Clerk of the Board of County Commissioners September 8, 2015 WEST PLANNING I LANDSCAPE ARCHITECTURE 1 DEVELOPMENT SERVICES TCI Lane Ranch - Request for Two -Year Extension of Preliminary Plan KEY POINTS: 1. The average price of vacant land in Garfield County has declined 46% since 2008, from $281,617 to $151,323. (Table 2 of Application letter) 2. The average price of a single family home in Garfield County has declined 19% since 2008, from $448,167 to $361,572. (Table 2 of Application letter) Table 2. Garfield County Historical Cost Analysis (from Land Title Guarantee Company) YEAR Average Price Single Family Home Average Price Vacant Land 2008 $448,167 $281,617 2009 $414,627 $261,845 2010 $387,630 $224,867 2011 $311,271 $182,419 2012 $333,078 $184,029 2013 $317,879 $202,342 2014 $377,208 $161,957 2015 YTD $361,572 $151,323 3. Carbondale market saw a 7% decline in average single family homes prices over the past year, from $721,821 to $668,367. (Table 3 of Application letter) 4. The average price of vacant land in the Carbondale market saw a 2% decline over the past year, from $196,973 to $192,325. (Table 4 of Application letter) 5. Vacant lot sellers in Carbondale market are continuing to provide deep discounts from their list prices by an average of 10%. (Table 5 of Application letter) 345 COLORADO AVE. SUITE 106 I CARBONDALE, COLORADO 81623 I 970.379.4155 Page 1 of 1