HomeMy WebLinkAbout1.0 ApplicationSTATE OF COLORADO
)ss
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Silt Fire Hall in the Town of Silt, 611 Main Street on Monday, the
11th day of July, 2011, there were present:
John Martin
Mike Samson
Tom Jankovsky
Andrew Gorgey
Deborah Quinn
Jean Alberico
Ed Green (absent)
, 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.
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 11th day of July, 2011, 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 approved a one-year extension of the TCI
Lane Ranch PUD Preliminary Plan, memorialized in Resolution 2010-57, which 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
the one-year extension of the Preliminary Plan granted by Resolution 2010-57, the
Applicant filed a request for a two-year extension of the Preliminary Plan to September 8,
2013.
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 Unified Land Use Resolution of 2008, 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, 2013. The
motion was approved by a vote of 3-0.
Dated this day of , A.D. 2011.
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
STATE OF COLORADO )
)ss
County of Garfield )
, Aye
, Aye
, Aye
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
Exhibits for BOCC Meeting, July 11, 2011
TCI Lane Ranch PUD Request for Preliminary Plan Extension
Exhibit Letter
(A to Z)
Exhibit
A
Garfield County Land Use Resolution of 2008, as amended
B
Garfield County Comprehensive Plan of 2030
C
Letter Requesting Extension
Staff Memorandum
D
E
Resolution 2009-81 – Preliminary Plan Approval
F
Resolution 2010-57 – Preliminary Plan Extension
(? —J
T61
T.1.rvW-fo�recre_ 2c��+
C) Z,
June 3, 2011
WEST
1
EXHIBIT
PLANNING 1 LANDSCAPE ARCHITECTURE 1 DEVELOPMENT SERVICES
Kathy Eastley, AICP
Garfield County Building & Planning
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, 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, as follows:
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. If approval
lapses, the Planning Director shall record a lapse of approval affidavit
with the Garfield County Clerk and Recorder (Resolution 2010-77).
Prior to expiration of any approval, the applicant may make a request
for an extension to the Board of County Commissioners. The Board
may grant an extension of up to two years based on a request
containing the following submittal requirements:
345 COLORADO AVE. SUITE 106 1 CARBONDALE, COLORADO 81623 1 970.963.1521
Page 1 of 6
i. Fee
ii. A narrative stating the reasons for the applicant's inability to
comply with the specified deadlines of this section such as
unforeseen circumstances and a demonstration of how the
applicant is reasonably pursuing submission of a Final Plat, listing
any changes in the character of the neighborhood, any changes in
the County's Comprehensive Plan, and the Unified Land Use
Resolution of 2008, as amended.
Criteria: the Board of County Commissioners may approve an
extension if it finds that the extension does not result in any
inconsistency between conditions of approval, the Comprehensive
Plan, the Unified Land Use Resolution of 2008, as amended or that
any inconsistency can be mitigated by specific conditions. Should a
change be required to any conditions of approval, they shall occur
in a noticed public hearing pursuant to Section 4-103(F) of the
Unified Land Use Resolution of 2008, as amended (Resolution 2010-
77).
Relevant Project History
There are several County Resolutions and Permits in place concerning the project, as summarized in the
table below:
History of Relevant Project Approvals
, VAX VR; VoaWgMi'4Z,,. .: AZ r ; A . , t ,V.R,AV.�, ..,4S_ M 4V: - , ;
VeaNVAIRMAAROAMOWATAMMIMIMONSVACOMMS
345 COLORADO AVE. SUITE 106 1 CARBONDALE, COLORADO 81623 1 970.963.1521
Page 2 of 6
Preliminary Plan/ PUD
2009-71
9/8/2009
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.
, VAX VR; VoaWgMi'4Z,,. .: AZ r ; A . , t ,V.R,AV.�, ..,4S_ M 4V: - , ;
VeaNVAIRMAAROAMOWATAMMIMIMONSVACOMMS
345 COLORADO AVE. SUITE 106 1 CARBONDALE, COLORADO 81623 1 970.963.1521
Page 2 of 6
As noted in previous table, a prior 1 -year extension was requested and received on 7/19/2010 via
Resolution 2010-57, extending the Final Plat submittal deadline to 9/8/2011. This Resolution of 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 Unified Land Use Resolution of 2008, as Amended, which allows for requests for extensions
of up to two years;
• And Resolution 2010-57, which allows for the applicant to make additional requests for
extensions.
Narrative
This section specifically responds to the submittal requirements of Section 4-1O3.G.8 of the Unified Land
Use Resolution.
1) Applicant's Inability to Comply with Specified Deadlines:
a. National Influences
It is commonly understood that the U.S. economy has been experiencing the most severe
recession since the 193O's. According to the National Bureau of Economic Research, the "Great
Recession" that began in December 2007 "officially" ended in June 2009. However, key national
economic indicators suggest that full recovery of the economy may take several more years.
Unemployment has a major impact on general consumer confidence and purchasing power, and
the national unemployment rate is currently 9.0%, while Colorado's unemployment rate
currently stands at 8.8% (April 2011). Garfield County's unemployment rate as of March 2011
easily surpasses that of the national and state averages at 10.7%. (Bureau of Labor Statistics)
b. Regional & Local Influences
A major factor currently affecting the housing market is negative equity. As of Q2 2010, 20.2% of
all homes in Colorado with mortgages are worth less than what is owed on the mortgage
(CoreLogic). Homeowners with these "underwater" properties may have very little ability to sell,
thus contributing to a stagnation of the housing market. Many of these owners are simply
345 COLORADO AVE. SUITE 106 1 CARBONDALE, COLORADO 81623 1 970.963.1521
Page 3 of 6
forced to ride out the storm until they achieve positive equity in their homes, which would
provide them more flexibility to sell and move up to communities like TCI Lane Ranch. For most
owners to sell and re -buy, an owner must receive enough from their property sale to pay off the
existing mortgage(s), pay a sales agent a 5-6% commission, and place up to a 20% down
payment on a new mortgage. For most potential buyers, these requirements are simply not
feasible and create a significant barrier to movement in the real estate market.
Another factor negatively affecting local real estate values is the high quantity of distressed
properties, or those that are the subject of foreclosure proceedings, short sales, and auctions.
The presence of a high number of distressed properties reduces the value of all similar
properties in the local market. Local foreclosure rates continue to rise dramatically. Garfield
County had 408 foreclosures in 2009, 644 in 2010, and is projected to increase again to 668 in
2011. Eagle County saw 452 foreclosures in 2009, 618 in 2010, and as of the end of April had
163 so far in 2011, which is on a pace to surpass 2010 levels. Additionally, in Garfield County,
average vacant land prices have plummeted 31% from 2008 to 2011 (Land Title Guarantee
Company).
Due to the combination of these and other negative economic influences, the current local
housing market is in significant decline, as opposed to the 2000-2008 time period, when
property values soared. Because the local market is saturated with distressed properties, TCI
Lane Ranch is faced with significant challenges in successfully marketing and selling the lots and
homes approved for its property.
c. Current Lending Market
Developmental lending requirements have changed substantially in the past several years. The
majority of lenders for real estate/ land development projects require at least 50% of the lots to
be pre -sold prior to issuing a construction loan. Achieving 50% pre -sales for TCI Lane Ranch is a
significant hurdle, if not an impossibility in today's depressed real estate market. Developmental
project funding will likely not be attainable until lenders relax these requirements.
2) Demonstration of How Applicant is Reasonably Pursuing Submission of Final Plat:
The following is a description of certain Conditions of Approval found in Resolution 2009-81 which
are being addressed, but will likely not be met within the approved timeframe of having a
technically -complete Final Plat application by 9/8/11. Therefore these Conditions contribute to the
need for the requested extension:
345 COLORADO AVE. SUITE 106 1 CARBONDALE, COLORADO 81623 1 970.963.1521
Page 4 of 6
a. Condition of Approval #5 requires that certain off-site improvements within CDOT's
Right of Way at the intersection of CR 100 and SH 82 be constructed at the time the PUD is
developed, and that final design of these improvements be approved by CDOT prior to submittal
of an application for Final Plat. TCI Lane Ranch has received an Access Permit from CDOT based
on a conceptual engineering design for the required improvements; however this design has
been met with resistance from the owners of the adjacent Catherine Store. TCI Lane Ranch
currently has no authority to move this process forward, as CDOT will need to resolve the issue
with the Catherine Store. TCI Lane Ranch cannot make progress on this item until an agreement
on the proposed improvements is reached between CDOT, Catherine Store and Garfield County.
b. 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, for the transmission of
water and sewer services. TCI Lane Ranch has received conceptual approval of these private
easements from both the Mid Valley Metropolitan District and the 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, the
sensitivities of negotiating and procuring easements from five individual private property
owners have proved challenging, and have taken longer than originally projected.
c. 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 (ACoE) in April of 2010. This application
has been reviewed by the Army Corp of Engineers, and was referred out to both the Colorado
State Historic Preservation Office (SHPO) and the U.S. Fish and Wildlife Service (FWS). Upon
review, the SHPO had several questions with regard to the Archaeological Report for the
property. We are currently working to address these questions, and to submit an updated
report to ACoE and SHPO by June 2011. We have been assured by the ACoE that once the SHPO
questions are resolved, the Federal Wetland Permit will be issued. Once the Permit has been
issued, we will be able to quantify the costs associated with the constructed wetland for the
purposes of Final Plat and the associated Improvements Agreement and Security.
d. All other Conditions of Approval are being adequately and successfully addressed in
preparation for submittal of Final Plat.
345 COLORADO AVE. SUITE 106 1 CARBONDALE, COLORADO 81623 1 970.963.1521
Page 5 of 6
e. We are currently preparing an application for Final Plat with the objective of
completing as much of it as is reasonable pending the recovery of the local housing market.
Certain time-limited items such as property appraisals and engineer's cost estimates will not be
completed until a Final Plat submittal date has been determined by the owners of TCI Lane
Ranch.
Summary
While the current state of the local and national economy has had a profound impact on the
development schedule for TCI Lane Ranch, the owners remain committed to this project and are
optimistic that the market will recover to a level that will allow the project to move forward within the
next few years. By working to address all of the Conditions of Approval, the applicant has shown a clear
commitment to Garfield County and the long-term vision and success of TCI Lane Ranch.
We look forward to discussing this request with staff and the Board of County Commissioners. 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
Principal
Cc: Fred Jarman, Garfield County
David Marrs, Geronimo Ventures, LLC
E. Michael Hoffman, Garfield and Hecht, P.C.
345 COLORADO AVE. SUITE 106 1 CARBONDALE, COLORADO 81623 1 970.963.1521
Page 6 of 6
REQUEST
PROPERTY OWNER
REPRESENTATIVE
1
EXHIBIT
PROJECT INFORMATION
BOCC 7/11/2011
KE
Two year extension of the Preliminary Plan
Approval for TCI Lane Ranch PUD granted
September 8, 2009, extended to 9/8/11
TCI Lane Ranch, LLC
Jon Fredericks - LandWest
I. BACKGROUND AND REQUEST
Conservation Easeme
rsnservat ion
Easement
(32.4 Acresi
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
E). 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 with
Garfield County. The
Board granted a one-year
extension of the Preliminary
Plan at a Public Meeting
held July 19, 2010 which
set the expiration date of
the Preliminary Plan for
September 8, 2011.
The property owner requests the Board grant a 2 -year extension to the Preliminary Plan
which, if granted, would expire on September 8, 2013. (Exhibit C)
II. AUTHORITY
(T.
Section 4-103(8)(a)(1) of the Unified Land Use Resolution of 2008, as amended, states
that "Prior to expiration of any approval, the applicant may make a request for an
extension to the Board of County Commissioners. The Board may grant an extension of
up to two years."
IV. STAFF RECOMMENDATION
Staff recommends that the Board grant a 2 -year extension to the Preliminary Plan for
TCI Lane Ranch PUD to September 8, 2013.
2
11111 PrWilifi,( nrlriV.WINCV.11+1 ®Ilii
Reception#: 778758
12/09/2009 10:25,06 AM Jean A1berico
1 of 22 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO
County of Garfield
)
)ss
)
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 , 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;
1
NI Ili
Reception#: 778758
12/09/2009 10:25,06 RM Jean Rlberico
2 of 22 Rec Fee:SO.O0 Doc Fee.0.00 GRRFIELD 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 bearing 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 snake 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
Ili iii bi�����bi�������1��6f�"�'4ia�,i�'ti3 c�i����►�1,�+��� �� }t
Reception#: 77$758
12/69/2009 10:25:06 AM Jean Aiberico
3 of 22 Rec Fee!$0.00 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
MIIVAria'id'$ IMF 'ilNbiiliurr1iir'iitsliaN4?iwTi' ITrk Estl1if
Reception#: 778758
12/09/2009 10:25:06 RM .lean 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.
The proposed pedestrian bridge over the Roaring Fork River should
he 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
(ill i � �,��,��� �s 14I,N7.121,W„t et I!1
ReceptionS1: 775758
12/0912009 10.25:05 011 Jean Rlberico
5 of 22 Pec Fee•,50.00 Doc Fee:0.00 GARFIELD CCU/TY 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 / STATE HIGHWAY 82
IN 1 hRSECTION
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
m'
Recep t i Dull : 778758
12(0912009 10:25:06 AM Jean A1berico
6 of 22 Reo Fee:$0.00 Doc Fee:0.O0 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 Dis(iict 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
®Ili�l'i �� '�'fkfi� �l+ iF��`! 101r10 t ',�. 1�( '� AlJel x(111
Reception#: 778758
12/09/2009 10:25:66 AM Jean Alborico
+ of 22 Rec Fee:$0.00 Doc Fee:0.0O 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
flf IN Kiri it lil
Receptiont4: 778755
12109f2009 10:25:06 RM Jean Rlberico
8 of 22 Rec Fee1S0.00Doc Fee:0.00 GARFIELD COUNTY CO
13. CONSTRUCTED WETLAND SECURITY
This area is 0268 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.
nn at-JAAA-c-c-ti
GARFIELD COUNTY
BOARD OF
COMMISSIONERS,
GARF. 1 COUNTY,
COL
lerk of the Board
1
Upon motion duly made and seconded the foregoing ` •• utiip
• opted by
the following vote:
John Martin
Mike Samson
Tresi Houpt
, Aye
, Aye
, Aye
STATE OF COLORADO
County of Garfield
)ss
8
■!II Fi''>b1114r, 4,111111 WO, Hr. NT �
11Si11
Receptionf: 778758
12/09/2009 10:25:06 AM Jean Atberico
9 of 22 Pec Fee.$0 00 Doc Fee:0.00 GARFIELO 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 iv 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
• BillJW 1411
Reception#: 778758
12(0912009 10,25-06 AM Jean Alberico
10 of 22 Rec Fee $0.00 Doc Fee,0.00 GFRFIE1D COUNTY CO
EXHIBIT
a
ce.
o
g
3
• , „ •
;.7
, , • • 4.1,..,7,A;;;V.,.,.
";!'”i-`4: •
. .S1, -.4W • .
•
• r'
— ,
• 4-,:ff. "-.•;,:':.
........a.d...,. ...,.., .-„,..,,.......... L.
i.p.;-,-.- ,7 ., '''''..r. .' •-•:.ir -..
----. - - • ..,:.:th
., • : , ',IN, • tr",o;: : • • :.
0,---!—*
,- • -4 ""---•••4•-poi,•,,,•,i ,,,:-.:,.....
't,":.•4;• ,cr:. ' -
.
-77---' - ,1....2.-" "ikt .
...,:i.;;;;. -r[
t". .4- -::::--- ,_ . . ,-.
,.. ,ty,,,,,„• :
.; . -:-..•;.-.-•-..,
,..,. , , . •. , . 01.7,', -,,,. . . ,-.. ----..,
if .,:i......„:1:,..,.........,i,-1.rit '
..„.:- ,, , ... ..
.. _
-...--: ' ••'--. . ..‘.' L -f% - ' ]. :' - . ."'=,-• ,,,-•-•;• • ' -"
1••
;,. :.: ... -.....,...i.4,4e, 1,.0. rii.: ,,, ,r., .,, - ,t,,,,.r „.„,,,,,.....::, 44
..: ? 1,-.-,- . ..1---e-_,,---., .,.f....... .„.--...-.,.-„.„... ,,o:„:,,., .„-,„,;,q.„,... 4,
i...4:..6.-, ',I '4.-'..7'. - ^•.,..1..;-,-.7)-• -..:. ', ...X.
1&:.';7','-' -'..-T.-, '.4"'"ef-4;t4.:::'•.L.,,. :- 4...0. .4.15,.:, V., '''..:..• ,;.- - r''';f-,''Z"''...,,-,.,..--',,-",-.4"-,,
---...... , 4. x„. .. ,, .714.- \ .,,.; ., ,f - ; ,,. , . . ,-......;',,,,,..0.1.k..:•.-..-,-.,..:..-., it:......,...„......,.v.,. i.,..„,..,..,.. :,......A.:.,,,7
- • •-••,' . NX1L, A . .
--..., . • - ... ......„, A ,..,,, 71,7,:,„..,„......„..a.: -:......;-.7:.:::.,.............,-,7_,J.,4„,..:.:„:—_,..::
i....-\•
.......1.s.:,...._:: -.Jr.
) .....
. .!..., .,-..:i.g.i, ... ._,..........,-,. , *. , , ...
,A.::, —",:,1•1.-,,,
..,_, ....,- . ,..,.. , •
sin iiunrds-i'i11111* m'anV i MI 111
Receptionll: 778758
12!0912009 10,25,06 RM Jean A1berico
11 of 22 Rer. Fe..e.SO 00 Doc Fee 0 00 GARFIELD CO3!NTY CO
1111 Fik 11 it l
Rviception#: 789509
0810412010 10:10:00 AM Jean AIberIco
1 of 3 Rec Fee7$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, 20I0, there were present:
John Martin
Mike Samson
Tresi Houot
• 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 TRE 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 19t 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
n
dill's 'h� 1i`�� ':�1�1r►1 1 j, rpi�+�`l ` 4 L IVA lil��i 1 ff l
ReceptionU. 789509
08/04/2010 10:18!00 RM Jean Rlberico
2 of 3 Rec 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 nd day of
A.D. 2010.
ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD
COUNTY, COLORADO
[O'li bili NdIA 14 44 ', "h `'M Illlli, it Ill
r ceptton#. 759508 J¢an Alberico TY CO
13 of 3RE= Fee-O. 2016 10:t% DOC Fe6:0.00 GPRFtELD COUN
of 3
rvA
erk of the Board
Upon motion duly made and seconded the foregoing
following vote:
John Martin
Mike Samson
Tresi Houpt
Aye
, Aye
, Aye
STATE OF COLORADO
)ss
County of Garfield
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 Com.missioners 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
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. If approval lapses, the Planning Director shall record
a lapse of approval affidavit with the Garfield County Clerk and
Recorder (Resolution 2010-77).
Prior to expiration of any approval, the applicant may make a
request for an extension to the Board of County Commissioners.
The Board may grant an extension of up to two years based on a
request containing the following submittal requirements:
Fee
ii. A narrative stating the reasons for the applicant's
inability to comply with the specified deadlines of
this section such as unforeseen circumstances and
a demonstration of how the applicant is reasonably
pursuing submission of a Final Plat, listing any
changes in the character of the neighborhood, any
changes in the County's Comprehensive Plan, and
the Unified Land Use Resolution of 2008, as
amended.
Criteria: the Board of County Commissioners may
approve an extension if it finds that the extension
does not result in any inconsistency between
conditions of approval, the Comprehensive Plan,
the Unified Land Use Resolution of 2008, as
amended or that any inconsistency can be
mitigated by specific conditions. Should a change
be required to any conditions of approval, they shall
occur in a noticed public hearing pursuant to
Section 4-103(F) of the Unified Land Use
Resolution of 2008, as amended (Resolution 2010-
77).
(2) Final Plat. The Board's decision to approve or
conditionally approve the final plat and subsequent recording shall
be effective for a period of up to 90 days. Prior to expiration of
the original Final Plat approval, the applicant may request an
extension of 90 days.
(3) Subdivision Exemption Plats. The Board's decision to
approve or conditionally approve an Exemption Plat shall be
effective for a period of 90 days. Prior to expiration of the original
Exemption Plat approval, the applicant may request an extension
of 90 days.
b. Impact Review
(1) Administrative Review. The Director's decision to approve
or conditionally approve a land use change application by
Administrative Review shall be effective for a period of one year.
Prior to expiration of the original Administrative Review approval,
the applicant may request an extension of one year to complete
conditions of approval.
(2) Limited Impact Review. The Board's decision to approve
or conditionally approve a land use change application by Limited
Impact Review shall be effective for a period of one year. Prior to
expiration of the original Limited Impact Review approval, the
applicant may request an extension of one year to complete
conditions of approval.
(3) Major Impact Review. The Board's decision to approve or
conditionally approve a land use change application by Major
Impact Review shall be effective for a period of one year. Prior to
expiration of the original Major Impact Review approval, the
applicant may request an extension of one year to complete
conditions of approval.
I 1 OZ/6/S JO se pamnaje:
198
198
198
198
198
198
198
198
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
O
0
O
N
O
4t
O
O
NUMBER
O
O
O
O
O
V
O
O
03
O
O
— 28
1 Mi. 40
r 63
{
154
G
197
244
194
165
80
® 65
® 32
S 32
i 37
in 18
M 19
in 18
IN 14
nn 19
MI 24
® 40
NMI 50
III 47
® 69
MNIMINNINIIII
114
106
121
81
96
108
a
408
644
238
1 66:
1
11
Kathy A. Eastley
From: Jon Fredericks Uon@IandWESTcolorado.com]
Sent: Thursday, April 28, 2011 4:26 PM
To: Kathy A. Eastley
Subject: TCI Lane Ranch
Hi Kathy,
I hope you are doing well. I've got a couple of update items to let you know about in regards to TCI Lane Ranch:
1. RFTA's Board of Directors did not give final approval for the pedestrian bridge. Therefore, the owners have
decided to pull the bridge from the plan. I will be submitting an application for amendment to this effect in the
next few weeks.
2. I will also be submitting a request to the Board for another Preliminary Plan extension.
My hope is that we can gain some efficiencies and process these two requests simultaneously.
Also — I can't find a copy of the Resolution for the PUD Amendment we did on 12/20/10 (loss of 5 AH units). I think the
Reso was approved on 1/3/11....would you be able to send me a copy of the recorded Resolution?
Thank you -
Jon Fredericks, ASLA
LAND
WEST
PLANNING i LANDSCAPE ARCHITECTURE I DEVELOPMENT SERV;CES
345 Colorado Ave. #106
Carbondale, Colorado 81623
p: 970.963.1521
www.LANDWESTcolorado.com
The information contained in this e-mail message is intended for the use of the indlviduaits) and/or entity(ies) named above. ,t may contain sensitive and private
proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If the reader of this message is not the intended
recipient, you are hereby notified that any printing, disclosure, dissemination, distribution, or copying of this communication or any part of it is strictly prohibited.
1
LAND
May 12, 2011
WEST
PLANNING 1 LANDSCAPE ARCHITECTURE 1 DEVELOPMENT SERVICES
Kathy Eastley, AICP
Garfield County Building & Planning
108 8th Street, #401
Glenwood Springs, CO 81601
Via Email:
RE:
keastley@Barfield-county.corn
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, 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, as follows:
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. If approval
lapses, the Planning Director shall record a lapse of approval affidavit
with the Garfield County Clerk and Recorder (Resolution 2010-77).
Prior to expiration of any approval, the applicant may make a request
for an extension to the Board of County Commissioners. The Board
may grant an extension of up to two years based on a request
containing the following submittal requirements:
345 COLORADO AVE. SUITE 106 1 'CARBONDALE, COLORADO 81623 I 970.96.3.152.,
Page 1 of
k."?
\,, '
. A narrative stating the reasons for the applicant's inability to
comply with the specified deadlines of this section such as
unforeseen circumstances and a demonstration of how the
applicant is reasonably pursuing submission of a Final Plat, listing
any changes in the character of the neighborhood, any changes in
the County's Comprehensive Plan, and the Unified Land Use
Resolution of 2008, as amended.
Criteria: the Board of County Commissioners may approve an
extension if it finds that the extension does not result in any
inconsistency between conditions of approval, the Comprehensive
Plan, the Unified Land Use Resolution of 2008, as amended or that
any inconsistency can be mitigated by specific conditions. Should a
change be required to any conditions of approval, they shall occur
in a noticed public hearing pursuant to Section 4-103(F) of the
Unified Land Use Resolution of 2008, as amended (Resolution 2010-
77).
Relevant Project History
There are several County Resolutions and Permits in place concerning the project, as summarized in the
table below:
History of Relevant Project Approvals
Preliminary Plan/ PUD
2009-71
9/8/2009
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.
As noted in previous table, a prior 1 -year extension was requested and received on 7/19/2010 via
Resolution 2010-57, extending the Final Plat submittal deadline to 9/8/2011. This Resolution of 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 Unified Land Use Resolution of 2008, as Amended, which allows for requests for extensions
of up to two years;
• And Resolution 2010-57, which allows for the applicant to make additional requests for
extensions.
Narrative
This section specifically responds to the submittal requirements of Section 4-1O3.G.8 of the Unified Land
Use Resolution.
1) Applicant's Inability to Comply with Specified Deadlines:
a. National Influences
It is commonly understood that the U.S. economy has been experiencing the most severe
recession since the 193O's. According to the National Bureau of Economic Research, the "Great
Recession" that began in December 2007 "officially" ended in June 2009. However, key national
economic indicators suggest that full recovery of the economy may take several more years.
Unemployment has a major impact on general consumer confidence and purchasing power, and
the national unemployment rate is currently 9.0%, while Colorado's unemployment rate is
actually growing and currently stands at 9.2%. Garfield County's unemployment rate as of
March 2011 easily surpasses that of the national and state averages at 10.7%. (Bureau of Labor
Statistics)
b. Regional & Local Influences
A major factor currently affecting the housing market is negative equity. As of Q2 2010, 20.2% of
all homes in Colorado with mortgages are worth less than what is owed on the mortgage
(Corelogic). Homeowners with these "underwater" properties may have very little ability to sell,
thus contributing to a stagnation of the housing market. Many of these owners are simply
forced to ride out the storm until they achieve positive equity in their homes, which would
345 COLORADO AVE. SUITE 106 I CARBONDALE, COLORADO 81623 j 970.963.1521
Page 3 of
provide them more flexibility to sell and move up to communities like TCI Lane Ranch. For most
owners to sell and re -buy, an owner must receive enough from their property sale to pay off the
existing mortgage(s), pay a sales agent a 5-6% commission, and place up to a 20% down
payment on a new mortgage. For many owners, these requirements are simply not feasible and
create a significant barrier to movement in the real estate market.
Another factor negatively affecting local real estate values is the high quantity of distressed
properties, or those that are the subject of foreclosure proceedings, short sales, and auctions.
The presence of a high number of distressed properties reduces the value of all similar
properties in the local market. Local foreclosure rates continue to rise dramatically. Garfield
County had 408 foreclosures in 2009, 644 in 2010, and is projected to increase again to 668 in
2011. Eagle County saw 452 foreclosures in 2009, 618 in 2010, and as of the end of April had
163 so far in 2011, which is on par to surpass 2010 levels.
Due to the combination of these and other negative economic influences, the current local
housing market is in significant decline compared to the 2000-2008 time period. Since the local
market is saturated with distressed properties, TCI Lane Ranch is faced with significant
challenges to the successful marketing and sales of vacant land and new housing product at
price points that are comparable to current sales of existing lots and homes.
c. Current Lending Market
Commercial lending requirements have changed substantially in the past several years, such
that the majority of lenders for real estate/ land development projects require at least 50% of
the Tots to be pre -sold prior to issuing a construction loan. Achieving 50% pre -sales for TCI Lane
Ranch is a significant hurdle, if not an impossibility in today's depressed real estate market.
Commercial project funding will likely not be attainable until lenders relax these requirements.
2) Demonstration of How Applicant is Reasonably Pursuing Submission of Final Plat:
The following is a description of certain Conditions of Approval (Resolution 2009-81) that are being
addressed, but will likely not be met within the approved timeframe of having a Technically
Complete Final Plat application by 9/8/11. Therefore these Conditions contribute to the need for the
requested extension:
a. Condition of Approval #5 requires certain off-site improvements within CDOT's Right of
Way at the intersection of CR 100 and SH 82, and for the final design of these improvements to
be approved by CDOT prior to submittal of an application for Final Plat. TCI Lane Ranch has
received an Access Permit from CDOT based on a conceptual engineering design for the
required improvements; however this design has been met with resistance from the owners of
the adjacent Catherine Store. TCI Lane Ranch currently has no jurisdiction to move this process
5 COLORADO AVE. i: 103 ; ..RBOiVCFAL[_ COLORAD
91623
970 953.'
Page 4 of
forward, as CDOT will need to resolve the issue with the Catherine Store. TCI Lane Ranch cannot
continue on this item until an agreement on the proposed improvements is reached between
CDOT, Catherine Store, and Garfield County.
b. 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, the sensitivities of negotiating and procuring easements from 5 individual private
property owners have proved challenging, and have taken longer than originally projected.
c. 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 (ACoE) in April of 2010. This application
has been reviewed by the Army Corp of Engineers, and was referred out to both the Colorado
State Historic Preservation Office (SHPO) and the U.S. Fish and Wildlife Service (FWS). Upon
review, the SHPO had several questions with regard to the Archaeological Report for the
property. We are currently working to address these questions, and to submit an updated
report to ACoE and SHPO by June 2011. We have been assured by the ACoE that once the SHPO
questions are resolved, that the Federal Wetland Permit will be issued. Once the Permit has
been issued, we will be able to identify costs associated with the constructed wetland for the
purposes of Final Plat and the associated Improvements Agreement and Security.
d. All other Conditions of Approval are being adequately and successfully addressed in
preparation for submittal of Final Plat.
e. Preparation of the application for Final Plat is currently taking place with the objective
to complete the application to the extent reasonable until the market recovers to a point
deemed sufficient for submittal by the owners. Certain time-limited items such as property
appraisals and engineer's cost estimates will not be completed until a Final Plat submittal date
has been determined by the owners of TCI Lane Ranch.
345 COLORADO AVE. SUITE: 106 j CARBONDALE., COLORADO X1.523
Page 5 of
Summary
While the current state of the local and national economy has had a profound impact on the
development schedule for TCI Lane Ranch, the owners remain committed to this project and optimistic
that the market will recover to a level that will allow the project to move forward within the next few
years. By working to address all of the Conditions of Approval, the applicant has shown a clear
commitment to Garfield County and the long-term vision and success of TCI Lane Ranch.
We look forward to having the opportunity to discuss this request with staff and the Board of County
Commissioners. 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
Principal
Cc: Fred Jarman, Garfield County
David Marrs, Geronimo Ventures, LLC
E. Michael Hoffman, Garfield and Hecht, P.C.
345 COLORADO AVE. SUITE 106 CARBONDALE COLORADO 81623 j 970.963.1521
Page 6 of 6