HomeMy WebLinkAbout2.0 Staff Report DD 04.06.17Directors Determination - Staff Report Exhibits
Applicant is PMGC 2, LLC
Amended Final Plat - Administrative Review
April 6,2017
(Fi !e F PAA-0 2-17 -851 8)
Exhibit
Number
Exhibit Description
1 Public Hearinq Notice lnformation
2 Receiots from Mailinq Notice
3 Garfield Countv Land Use and Development Code, as amended
4 Garfield Countv Comprehensive Plan of 2030
5 Application
6 Staff Report
7 Referral Comments from the Countv Survevor - Dated March 27,2017
I Referral Comments from the County Designated Engineer - Dated
March 21.2017IResolution 96-34
10
TYPE OF REVIEW
APPLTCANT (OWNER)
REPRESENTATIVE
SURVEYOR
LEGAL DESCRIPTION
PRACTICAL DESCRIPTION
ZONING
RECOMMENDATION
File No. FPAA-O2-17 -8518
Director's Determination
DP
PROJECT INFORMATION AND STAFF COMMENTS
Amended Final Plat
PMGC 2, LLC
Chad Lee, Esq. of Balcomb and Green,
P.C.
SGM, lnc.
Pinyon Mesa Subdivision, Filing 2
Said properties are located at TBD
Paintbrush Way and TBD Pinyon Mesa
Drive (OPEN SPACE A, AND LOTS 51,
52, 53, 55, 61, 62, PINYON MESA,
FILING 2), Glenwood Springs, CO
81601, approximately 4.5 miles south of
the City of Glenwood Springs, Colorado.
PUD - Pinyon Mesa High Density Single
Family (HDSF)
Approval with Conditions
I. DESCRIPTION OF PROPOSAL - REQUEST
The Applicant, PMGC 2, LLC, is requesting an Amended Final Plat to amend certain
property lines within Filing 2 of the Pinyon Mesa Subdivision as outlined below. All lots
are located within the High Density Single Family Residential (HDSF) Zone District of the
Los Amigos PUD.
Lot 51:
- Eliminated corridor between Lots 51 and 52 which increased the Lot size from
0.33 acres (14,553 sq. ft.) to 0.43 acres (18,727 sq. ft.)
Lot 52:
- Eliminated corridor between Lots 51 and 52 which increased the Lot size from
0.34 acres (14,629 sq. ft.) to 0.42 acres (18,317 sq. ft.)
Lot 53:
- Eliminated corridor between Lots 51 and 52 which increased the Lot size from
0.33 acres (14,536 sq. ft.) to 0.41 acres (17,706 sq. ft.)
Lot 61:
- Eliminated corridor between Lots 61 and 62 which increased the Lot size from
0.25 acres (10,895 sq. ft.) lo 0.27 acres (11,917 sq. ft.)
Lot 62:
- Eliminated corridor between Lots 61 and 62 which increased the Lot size from
0.25 acres (11,022 sq.ft.) to 0.28 acres (12,042 sq.ft.)
Open Space A:
- Prior acreage was 21,391 acres + and it will now be 21.090 acres + due to the
removal of corridors between Lots 51 and 52 and Lots 61 and 62
Lot 55:
- Created a new five-foot (5') utility easement on south boundary lot line. The lot
size did not change and remains at 0.34 acres (14,648 sq.ft.)
No changes to the existing access or utilities are proposed as a result of the amended
plat. ln addition, no non-conforming conditions have been noted to result from the lot line
modification.
II. AUTHORIry _ APPLICABLE REGULATIONS
The Amended Final Plat Application is being processed in accordance with Section 5-
305, Amended Final Plat Review and Tables 5-103 Common Review procedures.
Section 4-103 and 4-101 address details of the review procedures.
The Application has been determined to be complete including the waiver requests
addressing the fact that an Improvements Agreement is not warranted for the Plat
Amendment Request and no new CCRs are proposed. Public notice was required for the
Director's Decision in accordance with Sections 4-103 and 4-101. The Applicant has
provided evidence of completion of the required notice for the Directors Decision.
III. STAFF ANALYSIS
1. The Applicant's proposal was reviewed against the Amended Final Plat Criteria
contained in Section 5-305 (C), as follows:
1. Does not increase the number of lots; and
- The proposed Amended Plat will not increase fhe number of lots.
2. Does not result in a major relocation of a road or add any new roads; or
- The proposed Amended Plat will not result in a major relocation of a road
or add new roads.
3. Will correct technical errors such as surveying or drafting errors.
- The Amended Plat has not been proposed to correct technical elrors.
Filing
Filing
2. Resolution 96-34, which created the HDSF Zone District within the Los Amigos
PUD (See Exhibit 9), requires that "The land dedicated as common open space ... shall
equal or exceed in amount of total acreage, 25o/o of the 'High Density Single Family'
property." A calculation of existing and proposed open space acreages for the HDSF
Zone District as follows:
1 and Filing 2 as Approved:
1 and Filing 2 as Proposed:
30.528 acres of 60.1 acres total (50.8%)
30.227 acres of 60.1 acres total (50.3%)
As a result, it appears that with the proposed reduction in open space, compliance with
Resolution 96-34 can be achieved to at least a level of 25% open space within the HDSF
Zone District.
3. No conflicts with the existing underlying zoning have been noted including lots size
and setbacks.
4. No changes to existing utility locations or access are proposed as part of the
amended plat process.
5. Referral comments from the County Engineer has indicated that the applicant
should provide a statement as to why the open space area between these lots is no longer
needed and describe its original purpose. A review of the past documents indicate that
the purpose of the open space is for visual relief and passive recreation. As the reduction
in open space still meets that standards as originally approved, it is Staff's opinion that
that original purpose continues to be met.
6. The Application was referred to the Pinyon Mesa and Elk Springs Homeowners
Association, however no comments were received.
7. The Application was referred to Colorado Parks and Wildlife, however no
comments were received.
8. The Application was referred to the County Surveyor, who identified no issues with the
proposed plat.
9. The Applicant completed the County Public Notice lnformation form indicating that
public notice was sent on March 21,2017. Certified mail receipts were also provided. No
public comments from adjacent property owners were received by the Community
Development Department in response to the public notice. Staff has reviewed the
Applicants representations and evidence regarding public notice and it appears the
requirements have been adequately satisfied.
V. SUGGESTED FINDINGS AND RECOMMENDATION
Staff supports a finding that the Pinyon Mesa Filing 2 Amended Final Plat Application
meets the requirements and standards of the Garfield County Land Use and Development
Code as amended and is recommended for Administrative Approval by the Director of the
Community Development Department subject to the following conditions of approval.
1. That all representations of the Applicant contained in the Application submittals
shall be conditions of approval unless specifically amended or modified by the conditions
contained herein.
2. The Plat shall be subject to final review and approval by the County prior to
submittal of the plat for final execution. All standard plat certificates and signature blocks
shall be included on the final plat.
3. The Applicant has 90 days within which to satisfy conditions of approval and
provide the following documentation for BOCC signature and recordation:
a. A plat mylar with signed Certificates that include Dedication and Ownership,
Title, Taxes, Applicant's Surveyor, and any mortgagees;
b. Recording Fees.
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EXHIBIT
PUBLIC HEARING NOTICE INFORMATION
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. ln addition, please initial on the blank line next to the statements lf they accurately reflect the
descrlbed actlon.
My appllcatlon required written/mailed notice to adiacent property ownerc and mineral
ownens.
x
x
Mailed notice was completed on the 21st day of March . ZOjJ
All owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorde/s office at least 15 calendar days prior to sending
notice.
All owners of mineral lnterest in the subject property were identified through records in
the Clerk and Recorder or Assessor, or through other means llistl
-
x
r Please attach proof of certified, return receipt requested mailed notice.
tr My application required Published notice.
Notlce was published on the day of
. Please attach proof of publication in the Rifle Citizen Telegram.
tr My application required Posting of Notice.
Notice was posted on the
-
day of , 20-.
Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
Gurfield Coun$
I testify that the above information is true and accurate.
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SURWYOR
SCOTT AIBNER, P.L.S
Bob Brandeberry - SGM
Scott Aibner - Garfield County Surveyor
Plat Review - First Amended Plat Pinyon Mesa Filing 2
03t27t2017
To:
From:
Subject:
Date:
Bob,
Upon review of the First Amended Plat Pinyon Mesa Filing 2Plat,l have no comments or corrections to be
made prior to approval for survey content and form.
Once all final comments from Community Development have been completed, the Mylar may be prepared for
recording. The Mylar shall be delivered to the Community Development office with all private party signatures
no later than Monday the week prior to the next commissioner meeting day in order to make that meeting.
Sincerely,
Scott Aibner
Garfield County Surveyor
cc David Pesnichak - Community Development Department
t09 8 th Street ,Suite 1008, Glenwood Springs, C08l60l , (970)945-1377 , e-mail:saibner@garfield-countycom
^.TA MOUNTAIN CROSS
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March 21,2017
Mr. David Pesnichak
Garfi eld County Planning
108 8th Sffeet, Suite 401
Glenwood Springs, CO 81601
RE: Review of the Amended Final Plat for Pinyon Mesa Filing 2: FPAA-02-17-85f 8
Dear David:
This office has perforrned a review of the documents provided for the Amended Final Plat
Application of Pinyon Mesa Filing 2. The subrnittalwas found to be thorough and well organized'
The review generated the following comment:
. The Applicant should explain what has changed and why the original pulpose for the open
space, easement, and/or gap that was between the lot lines of Lots 5l and 52 and Lots 61
and 62 is no longer needed.
Feel free to call if you have any questions ot comments.
Sincerely, {
lv[ountaip Cross Enginee{ing,y'rtc.,' '\ l t I II \ ) I I \ l,{ " |^*-^^,4 I i",(f-\ ," l*{
kfro. Hale, PE I
826'/,Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F : 970.945.5558 www.mountaincross-eng.com
4S4584 B-982 P-1O3 06/f8l98 1O:34A FG
MILDRED AI.SMRF GARFIEID CC[,]NTY CLERK
/hrta,*
oF 14 REC m
REConDm o.oo
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EXHIBIT
in
1
AND
STATE OF COLORADO
COUNTYOT GARFIEIJ)
fu a regular rHing ofthe Board of County Comrnissioners for Garfield Curuty, Colorado,
bddutlpCogtho'seinderwooa Sprin$saMonday .the lTLtdayof .rune -. 1996,
tlere were Prererrt:
Marian I. SmittL Commissioo€r/Chdrmao
Amold L. lvlackleY, Commissioner
Ekmr(Bucky) fubarcy; eunurissio'ner
Don D. De,For4 CountY AttomeY
Ml&ed Aldor[, Clcrk to the Board
The following proceedingq among others, were had and done, to'wit:
Rf,SOLUTION NO.96 34
)
)
)
A RESTOLImON CONCERNING APPROVAL OF TEE LOS ANIIGOS BANCE
PARTNERStrIP APPLICATION FOR AMENDMENT TO TEE I'OS AMIGOS RANCE
PII\NNED UNIT IIEVEIOPMEI{T ZONE TEXT, PUD PLAN AND DE\TEIOPMENT
PL\!I
WHEREAS, the Los Amigos Ranch Partnership (tlereinafter sometimes "Applicarr') is the
own6 of a parcd ofhnd locatcd In C.tnaa County, Cotorado whicb pursuarn to Board of County
Commissio'ner Resolution No. 81-358 is prese,utly zoned as a planned unit derrelopmc'ot'
WHEREAS, the Los Amigos Ranch Partnership hss filed an Application with thc Board of
Cornty Conrnissiorrers ofGarficldihrrty, Colorado, foi approval of amendmenf to tho Los Amigos
Ranch Planned Unit Doriloprrcnt Zone fex and Planned Unit Developmeot Plan (Hereinafta
sometimes,' ApPlication');
WHEREAS, the Board of Coumy Commissioners has now considered that Application.
Now,TIIEREFoRE'BEITREsoLvEDBYTHEBoARDoFcoUNTY
COMMISSIONERS OF GAMiEI-D COUNTY, COITRADO, thaf basod gpon the oridooce, sworn
tesilrofiy, adubls, *rxly ofthe conpreharsrve plan for thcunincorporated areas of Garfield Couty'
commcflts from Garfictd Couoty O"p"tt *t of rcgut"toty Ofrces and t*y4 and thc Garfidd
irriay if"rrrg Con*irrioo *d *o**tt from 8[ interested parties, this Board erilers tlrc
followhg findings and conclusions;
494584 8-982 P-1O4 6/LA/96 1o:34A PG 2 oF 14
HNIUNGS
L Applicant,s spplication wus filcd with the Regulatory officeg urd Personncl
Depanm ofCi.iiAA Cogntyin february 12, lgg6,and referred to tlrc Plaoning Commission on
fdruary 26,1996.
2. Thc Garfield county PluninS comrnissioa reviewed thc Application and
recommended approval oftlp Application undcr certain cooditions ol March 13, 1996'
3. The Board of Cognty Commissioners established a datc for publio hcaring on-the
Applietion for pUO pfan ana tod asreirdmenr urd the veSing of thedevelopnent rights po $2a-
68.103' c.Rs', as ane,oded, which comrrenced on April 15, lry-.t S-o.clock p.m. and yas
ttrercafto proper.iy continued to MEy 6, 1996 at 12 o'clock p.m. and May 20, 1996 at 2 o'clock'
4. Pursuant to evid€,nc€ produced &t thc public hearing oo 116 4pplic*ior\ tlre Board
FINDS:
(a)Thcpropertyowtrrssdjsc€,lttothepropertythatistbesrrbjectofthis
epflication received notifcation ofthe atte ti* t d locarion ofthc above-referenced public
hcaring W "r,tfi;d ,rll sert * toa* fifteen (15) days prior to the commencement of the
hearing
o)NotificationofthepubliclrearingwasprblishcdTlnewspap€rofgcrrcral
cirarlation at least ihirty (30) &ys prior to the commcocetnent of the hcaring
(c) Tt€ $6gmcc of rhc mailed and publislred notification substantially inbrmed
fu€le6*ed-pardcs "it" *tl* rnatter and location of the requcsted modificmion to oristiag
aning and PllD Plan;
(d) The Board of County Commissioners has jruisdiction to conduct the public
hcaring on thc Application aod rerdq a decision thereon'
(e)ThereqtresredrrpdificaionstothePUDnlan..ar-.ecopistentwithth€efrcient
dcvelopmen * t;-.Oon of th," efitire PUD, do oot ilfft"3 in a substantidly advsse
mann€t' uitl",' tL ;t;y; of hnd abutting upos or agryry-a sred tom tbe PUD' or the
public interesg and arinot grssted soldy to confer a special bene6t upon any p6sorl,
5. The hearing 6g{:ore the Board was eprteosive and complete, alt pertinent facts, roatters
end iszues x,efe srbmiild'and alt interested parties were heard at ttre hearing'
494584 8-982 P-1O5 06,/18/S lO:34A E 3 OF 14
6. hrnrarn to S4.02 of the Garfield County Zoning Resolution of 1978, ss smendod:
(a) The PUD will provide necessary commercial and recreational facilitics
conveniently located to housing,
(b) The PLID zome di$/rct tod and map dkect ttre dwdling type, dcnsity, and open
space in a ma^nnff consistent with aristing zoning laws;
(c) ThePLJD provides avariety ofhousing types and a layout allowing for open
space ancillary to the building;
(0 Ttr6 PUD will provide for the transfer of ownership and contol of thewater
distribution systems, waler and water rights to thc Los Anrigos Ranch Homeownsrs
Associatioq Inc..
(e) The PUD will provide for ttre pa)'rmt of a rmd inpact fee glfficient to oftet
the traffic burdens imposed instant to the development.
(0 The PUD dweloped to its fulI extent will result in an iocreased assessed
valuation of the property;
(g) The PUD process was used to dwelop a plan which preserves the site's
agricultural land and
"ralntains
the scenic qu"lity ofthose portions ofthe site erposcd to
publicview;
(h) The PUD will be developed in ptr,ased preliminary plan and final plat
ap,plications srbrnitted in accordance with the phasing schedulc aet forth herein at paragraph
17 ofthe conditions ofapproval.
7. The PIJD as conditioned herein and in accordance with $4.M ofthc Garficld County
ZonngResolution of 1978, as amended, and $24-67-105(l), C.R.S., as amerdd is in general
conformity with the Garfiold County Comprelrensive Plan.
8, Purflrant to g4.O7.Ol ofthe Garfidd County Zoning Resolution of 1978, as arnended,
ttrc Board of County Commissiorss herein 6nd thet subjest to strict compliance with thc conditionr
set forth hereir\ tilc Los Amigos Ranch Planned Unh Development win m€€t the standards ard
requirements of $4.00, d sq. of that Zoning Resolution.
4e4584 B-S82 P-1o8 Oi/LS/% 1O:34A PG 4 OF 14
9. Subjed to the mnditions set forth herdr& the PLID mo{s tlrc requiremarts of $a'07'03
oftheGarfieldCountyZoningResolutionoflgTE,asamended'asfollowt:
(a)ThePUDhasanappropriaterelationshiptothesurroundingareaanddl
uoreasorable adverse ef,Feots on thi eurrounding area .re minimized.
o) ThepuD provides htefital streets that are adequate for the traffic generaied
and which provid; J"q,i"t" access for police and fire protectioq safety, corwenience and
separation from living areas.
(c) Thc PUD provides adequate parking for all proposed uses;
(d) The pIlD provides cornmon opeD space thatis adequate for the usage ofits
residcnts *Al"ni"fr pr*i*o both the natural features of the tenain and most productive
agricultural lards within the proPerty.
(e) The pLJD provides for a vuiety of horsing types and the commercial facilities
oecessary for the enjoyment ofthe dwelopment;
(0 The puD tkough lot siziog, buildinc set backs and architcctural cuntd
provides adequate privacy between the dwelling units'
(g) The puD will allow clustering of development in some areas permitting the
creation ofadditional open sPace.
10. The overall density ofthe dorelopment under the terms and conditions s€t forth h€rein
and pursuant to thc provisiont of 5+.OZ.OO ofthe Garfield County Zoning Resolution of 1978' as
amende{ will be no Sreater than four (4) dwelling units per acre'
11. The PUD exc€eds ttle minimum number of acres required for PUD size.
12. More than 25o/o of tlrc PUD is devoted to common open sPace'
13. Under the terms and conditions set forth herein d prrsrant to the PUD Dwelopmelrt
Plaq tbe PUD dernonstrates the location aad total acreage for each proposed use, togeth€f with thc
limitations on lot size and total density within each use'
14. subject to the conditions set forth below all uses by right, mnditional uses, minimum
lot areag minirnrmiot *rerage, minimum set-backs, morimum height of buildings and all ojlcr usc
.ia'o"*p"o.y restristions ippU.*r" to this PUD are hereby approved by thc Board of 99'P
Corrmissioncrs as set forth in the zone text attached hereto aad incorporated herein as Exhibit A'
494584 rfiigaz P-lof (E'/t8lg8 l0:34A PG s OF 14
15. pursuanr to the provisions of $4.08.05 the Garfield County Zoning Resolufion of
198, as armdod the Applicant'krcludod in its written roquest fof PUD rezoning dl of thc following:
(a) A stateurert of ownerstrip intere* and written consern of the property owuers;
(b) a proposed plan indicating the morimum of dwelling uaits' 1be
minimrm acreage, a.ii*t*a op* ryro, tyfr of p.opod uses and acreage dwotcd to riies,
proposed majoi;ter*t cko.rlcion system, the acreag€ dedicated to school sites or payocrt
in fi* tf,66.oi; tn" g*o.f fo"aion oi commercial sites within the PUD, the manner in which
provision foi w*-er, sewer, telephone, electric and gas would el<ist and other rEcessary
restrictions sough by the Applicant;
(c)areglonallocationmapshowingthelocationoftheproposedPt]Din
relationship to conaecting roads and other public facilities;
(d)asitemapindicaringtheboundariesofthePUD,itsacreage'existing
stnrstures and existing ^oing;
(e) rsite'topographicmp-withtfootintervals;
(0 a legat descriptiso of the area included within the PUD;
(g)awritterrapplicationsettingforththeobjrytivelto.beachievedbythePUD,
a dwelofmetrt schedule, t hi"l "t modified below sets forth the beginniog and complaion
&t65 for constrLlctioq copies ofcovenantq conditions and restristions' which have now becn
amplified as set forrh hereiq a list of property owners with-in 3OO fest of the boundaries of thc
pUD, statement by a licensed engne€r that provided information concerning thc ploposed
sogrce ofwater to lm pUO, a foposed method of sevage treafinent, and a gcneral mannq
in wlich provision would be made for poteotial natural hazards, iocluding landslide areas, all
ofwhich are zubject to the conditions set forth herein'
16. The PuD, zubject to the oonditrons set forth herein, wil be designed with the
consideranion oftbe ndgrai environment of the site and surrounding area' and will not urueasonably
destroy or displace wildhfe, natural vegetation or unique features oft!-e site
17. subject to the provisions of $4.08.06 of the Garfield County Zoning Resolution of
197g, as ansrded, the,Board oiCounty Commissioners fird that no portion of tho PUD conditionally
"pprored
herein may be occupied urtil appropriate final plats have been approved by this Board'
4945a4 8-982 P-1O8 O6./L8/96 tOr34A PG 6 OF 14
CONDITIONS OF APPROVAL
The foregoing Findings are sp€cifically entered subject to the adoption of and strict
compliane€with the conditisns-set forth below, Suoh conditionsare *rezult sf consideration of all
widence, including public comment.
ROAD IMPACTS
l. Applicant shall construct, consistent with Board of County Commissioner Resolution
No 92aql, as alende( . nottt bourO bn-hand turn lane at the inter$ection of County Road
114 and los Amigos Drive, which is the main entry road into t os Amigos Ranch PUD As
further conditions under this commitment, Applicant shall:
(A) Obtain all required approvals from the county to vacate and relocate those
portions oftle County Road i i+ right ofway necessary for consffuction oftlre above
i.t-t una t'r- tane, widch approvals will not be unreasonably withheld by the County.
(B) complcte construction of the above referenced left-turn lane shall be
completed W gtl9T or within the next construstion season fullowing completion of
fegiprocn*ings and entry of final orders ,.anthg title the County or Applicant for
the subject right-of-way above referenc€d.
2. At the time of each Final Plat approval, a fee shall be paid to the county in such an
ailxrmt as shall be established by ttre BouO pursuarrt to a road impaA analysis to be accepted
by ttre County at the time of each Preliminary Plan approval. Such fee shall be assessed as
a per unit road inpact fee based gpon ttp estirnated cost oftwo lane improvements to County
Road 114 fiom its intersectionwith the highway frontage road adjacent to Highway 82 to its
intersectist with the entry road to Auburn Ridge housing project The road impact analysis
accepted by the county above, as the same may be fiom time to time modified to reflect
*rr*t -sr, shall be incorporated hto 8ll future analyscs used by the county in quanti$ing
road impact-fees in the County Road I 14 corridor, Payment of said road impacn fees, shall
be expressly conditioned upon the assessment by the county, at the time of Final Plat, of
propo'.tion"tay equal road impact fees upoo all subsequently dweloped properties accessed
in whole or part by CountY Road 114.
3. Paragraphs I and 2 set forth the firll and complete obligation of the Applicant with
respect to irnprovements to County Road I l4 for the complete development of Los Amigos
Ranch PUD as herein aPProved.
4s4584 B-982 P-log M/La/SB 1O:34A PG 7 OF 14
DEDICATI.O.N OF ROADS
4. AII roads contained within the Los Amigos Ranch PUD shall be dedicated to the
homeowner's associations which will utilize the same for access to its properties and upon
dedication, the respective homeowner's association shall thereafter be responsible for the
maintenance and car€ thereof Applicant shall submit a plan to the County prior to
preliminary Plan approval to privatizilhe roads within the Los Amigos Ranch PUD which
,r" p.e.o,t'ly dedicsied to theibblic use and the approvals sought herein by Applicant shall
not uffeasonably be wittrheld by the County
WASTEWATER
5. The (aa) lots along ,Road A', (Los Amigos Drive to the water tank) which could
potent'rally drain into the Spring Vafley Aquifer, all lots along Los Amigos Drive that cunently
iie withinthe Spring valley sanitation oistrict, all lots dopicted upon the PUD Plan as 'High
Density" slngle famify loti and all lots depicted upon the PUD Plan as "Multi-Family" units
shall bL *"rri""A by lentral sewer providid by the Spring Valley Sanitation Dstrict. Civen
the economic ineficiencies and impracticalities associated with extending and maintaining
central sews senrbe to the rernaining westerly single family lots in the PIID, Applicant shall
be allowed to service said remaining lots with individual sewage disposal systems (ISDS),
subject to the following conditions:
(A) Applicant strall prwide to the Board all information needed by the Board to
review the arvironmenial and health impacts presented by ISDS service, which shall
also be forwarded to the Colorado Department of Health Water Quality Conhol
Dvision for their review and recommendation'
(B) The Board finds that tlre Colorado Depaxtment of Heatth has made a favorable
recommendation regarding the proposed method of sewage disposal as required by
C R.s. 3G'28-tr(lXg).
WATER ST-IPPLY
6 In connection with each preliminary plat, the Applicant shall provide widence that
there shall be available adequate water quantity and quality to serve the reasonably
foreseeable needs of the development within such preliminary plat'
7. In connection with the next succeeding preliminary plat for the Los Amigos Ranch
PUD, the Applicant shall s€t forth the proposed mAhod for transferring legal ownership and
control of ihe water disribution facilities, water and water rights sufficient in quantity to
servioe the approved units (hcreinafter collcctively Water Distribution System) to the Los
494584 8-982 P-llO 06./18,/S6 1O:34A PG 8 OF 14
Amigos Ranch Homeowners Association, Inc. It is agreed that as a term and condition of
zuehmethsd.oftranfer; theAflplioaflt ddl'r€[dn.the nght'to chargc a water tap f8c to initial
purchasers of lots thai o,ilt ilel"e water from the Water Distribution System; provided,
io*.\r.r, that slch wAter tap fee on a per EQR basis, shall not exceed the Applicant's per
pen mi Otrs it-ot tt err*n) of constructing urd installing the Wster Distribution Syster;
includurg d,"
"oS
of over tiriog "ty elemeuti of the Water Distribution Sfsteg as.laf.be
requhedio selrre areas zoned ,Jti-f.rity or commercial . Upon the request of the'County,
tm eppli"m slull provide the Cumywin eryUence ofthe actual costs incun€d by Applicant
in constnrcting and instailing the facilities of the Water Distribution Syst€,,n.
UTILTTIES
8. At the timc of the applicable Preliminary Plan zubmittal, the applicant will srbmit to
the County a detEiled Utiiiiy ptan that indicates the easement sizc aod location for gas'
electriq and telephone. Wastewater and water trealment facilities, and drainage/erosion
control systems ihatt in"trdu line and facility sizing in addition to the size and location of
easem€nts.
WLDLtr.E IVPACTS. OPFN SPACF AIR OUALTTY
9. One dog will be allowed for each residential unit. This requirement will be included
in the protective covenants, ard will be enforced by the applicable homeowner's association'
10. common open space areas shall be dedicated by the Applicant to the Los Amigos
Ranch Homeowneis Association in an amount that maintains a 50;50 rauo or geat€r'
dedicated open space to dweloped land The dedieation of open space shall coincide witl
the approval ofthe applicable final plat.
I 1. No open hearth solid-fuel freplaces will be allowed'
12. Dwelling units will be allowed an unrestricted rnrmber of natural gas-burnmS fireplaces
or appliances.
13. Drrelling r:ofuswillbe allowed one (l) new wood-burnilg stove as defined by C.RS.
$ 25-7-401, et. seq, and the regulations promulgated therzunder'
494584 8-982 P-111 O6/18./9ts lO:34A FG I OF 14
PLATNOTES
14. The fotlowing plat notes shall be inoluded on all Final Pla*'
(a) prior to the issgance of a building permit, tbe owner oJ each lot shall prepare
"no
,n,u,it a soils and foundation report, a gadhg and drainage plaq an! a
geologicaly acc4ptabh hildiog site prepared and c€rtifi€d by a professional engineer.
.ltt i.pror.meots shall bc-constnrcted in accordance with zuch eogineqing
recornsrcndations, which shall be a condition of Los Amigos Ranch Arcbitecturd
Coutrol Co"rmittee approval aDd the building permit'
(B) The ou,ner of each tot utilizhg an individual s€wage disposal system (ISDS)
shall obtain site specific percolation tests to daermine whaher a standard septic
sy*emisacceptabhoranengineredsystemisappropriateorrequired'FachISDS
*Lr[ u" o"lgi.* to minimize trc rerroval and changes to the natural contours of the
land.
(C) The recomrneadations ofthe Colorado State Fore*er and the Fire Chief as sa
iorth in the Supplemental Declarations dated september 2s,1992 6 scq. shall be
foltowed in the con$truction of all smrctures'
(D) AII lots designated to lie within the spring valle_r !{otion District shdl
obtain ceotral sewer-scrvrce pursuant to aSre€ment with the Distrist.
(E) Open heanh solid-fuet burning fireplaces are not allowed'
(F) Each dwelling unit is allowed one dog'
HOMEOWNERS' ASSOCIATION AI'ID COVENANTS
15. Applicant has heretofore created the Los Amigos Ranch Homcowncrs Association'
lnc, a iotorado non-profit corporation and by urthority ol Ih€_AMENDED AI'{D
RESTATED DECLARATION OF'COVENANTS, CONDMONS AND RESTRICTIONS
FORI,OS AI\dIGOS RA}.ICHPI.A}INED ITNITDEVELOPMEI.IT, fiIEd iNthc OffiCT Of thc
Garfield county clerk ard Recorder at Reception No . 42l3u6,Book 799, Page 4E, charged
thc association with certain duties and responsibilirties inoluding but not limited to, the
ertrorcenrent ofsaid covenants, condifions and restrictions aod thc maintenance ofcommon
opsn. spaoe within subdivided lasds of the Los Amigos Ranch PUD'
4e4s84 8-982 P-112 06/18,/S8 lO:34A PG 1O OF 14
16. Applicant shall, Et approval of final plat, pursuant to the procedures set forth at
ARTICLL-VL Paragraph O.i of the Amended Declaration above identified, na.nnex" the
properties, *ot ioJ within future filings of the PUD, specificdly excepting thereftomall
proixrtles iacntified in the PUD Plan as 'Hgh Density Single Family' lo1s, 'I!tulti-Family'
units, and'Neighborhood Commercial" and'Ivlulti-FamilV Open Space"'
l7. Applicant shall cause to be fomred at the time of applicable final plat approvai a
scpsratc iomeowneds association for the above identified '}[gh Deasity $ingle Family'
p.op"rty. Coincident therewitlu lands within the property designated 'High Density Single
ir6tyJst"tt be dedicated by Applicant an cornmon open spacc to the "High Density Single
Famil)/ homeoumeds agoUatioq rlorc forme{ for the separate use and/or anjoyment of the
members of said association. The land dedicated lts colnmon open space pursualt to this
paragraph slall equal or orceed in amount of total acrcage, 250/o of the 'Tligh Density Single
Family' prop€rty.
18. Applicant shall convey to the owners of ths 'Multi-Family" properties, at least l0
acres of common open spac€, which shall constitute at least 25Yo of tba'Multi'Family'
propaties, for the use and/or benefit of the residents, occupants and owners of said "Multi-
ia;ly" propo'ties. Apptican shall transfer such common oPen space tand prior to approval
of *renoa finat Pla filcd in the Los Amigos Ranch PUD and serne shall be designated upon
said Final Plar as tlulti-Farnily O.S.'. Upon acceptance of said corweyance , Applicalrt shall
have no furthcr rcsponsibility for the property conveyed and/or maintenance thereof
19, Applicant shall incorporate in the Supplemeotal Deolaration filed pursuant to
naragraph iO. and thc additional protective covenants, conditions and restrictions required
under paragraph 17. above, zuch additional coveoants, conditions and restrictions uI are
rcquired to-achieve thc purposes and satisfy the conditions established in this resolution,
School Impac't.
ZO . Applicax shal! in liar of the payment of an impact fee, dedicate to the RE- I School
District ai
-tne fmg of the next final plat , that parcel of land ide{rtified upon the PUD Plan
as the ',School Sit€ Puc€l'. The dedication ofthis property expressly satisfies all obligations
of Appficam at time offirture srbdivision for the dedication of real Property, payment of fees
in lietr of property dedicuion and/or payment of school fees.
t0
494584 8-982 P-113 08/18/96 1O:34A F 1l OF 14
Phasing.
Phase
Dcsignation
(Pieliminary
Plan)
I
21. Applicant shall be entitted to dwelop the Los Amigos Ranch PI-ID pursuant to the
Preliminary Plat and Final Plat phases set forth below:
Phase Description of Phase Commencenrent Date Compl*ion of
Designation (.Submission of Developm€nt Pcr
(Final Plat) Pieliminry Plan\ SirMivision Iinprove'ment
Ae@t
A Approximatoly3S Dccember3l, 1996 Deccrnber3l' 1999
lots on lbad A and
(1) lot acljacrnt to
Filing 2
B Approximately 45 Decernber 3l' 1999 Decrmber 31, 2002
lots on Rosd A ncar
rvater tank and on
Road B
C Approximarcly 45 Decernber 31, 1999 Dccembcr 31,2005
lots tluough sccond
draw, Road D
D Approximatety'4O December3l,1999
lots through third
draw, Road E
E Remaining single December 31, 1999 December 31, 2010
family lots, rural
residential lots and
neighborhood
commersial
3 F 80 high densrty December 3l,2OO2 December 31, 2010
single family lots
in lower valleY
ZZ. It is specifically agreed tbat Los Amigos Ranch may receive separate Preliminary Plat
approval foithose portioos of the PUD contained within the (3) phases above designated.
eppfi"* shall obtain Prelimirrry Plat approval for Phase I prior to epplylng for Preliminary
plat approval for Phase 2. Preliminary Plat approval for Phase 3 shall not be conditioned
upon.Applicant having received prior Preliminary Plat approval for either Phase I or Phase
a
December 3 l. 2008
11
494584 B-S82 P-tl4 06,/18,/96 lO:34A PG 12 OF 14
23. The final pla phasing schedule sct forth above e$abli$es mo<imum time paiods, urd
does not in ary nuoner preclude or timit fuplicant from accelerating its construction
schedule, which may be done by indMdral zubdivision improveme'nt agreemeail.
PUD Zone District Text.
24. Subject to the conditions set forth hereiq the Board herein adopts and approves both
the District Text and Planned Unit Dwelopmem Plan attached as exhibits herao.
Vested Rthts.
25 As a condition of approval and by agrecrnat with the Ins Amigos Ranch Partnership,
tbe Board of Courry Commissioners herein adopts a dwelopment agreement pursuant to the
provisions of $2,t-68-104(2), C.R.S., as amende4 providing that properfy righs shall vest
cormnencing with the ffnal coqditional approval of the Los Amigos Ranch PIJD extending to
Decenrba 3 I , 20 10. Wrth this appro\ral, the Board of Courty Commissioners recognizes that
this cooditionally approved plarmed unit development, in its final conditional approval fonn,
is a site specific developmant plan as set forth in $2'ffi8-102(4), C.RS', as amended.
fter*ore druing the time period set forth herein, the Applicant shall enjoy all of the vested
rights sct forth for u,rch o derelopmeot plan in $2+68-10I, gt Ecq., C.R.S., as arnerrded'
26, Purzuant to the provisions of $2zl-68-103(l), C.R.S, as amended, the Board of
Coruty Conrnissioners herein mnditions grant of tho vested right set forth above upon all of
the conditions of approval s€t forth in this conditional PUD approval, Such oonditions
specifically include but are not limited to, strict compliancc with the phasing plan set forth
in paragraphs 30-33 above. Failure of the Applicant to comPly with any elcmeot of that
phasing plan or any of the conditions set forth in this ResolutiorL wi[ subject the Applicant
to forfeiture of vested rights, as such forfeiturc is set forth in $24-68-103(1), C.RS., as
amended.
2'l . In order to efuuate the conditions set forth under zubtitle "Vested Rights', the
Applicant stnll be required to exeqrte a development agreement coincidental with the
conditional approval of Los Amigos Ranch PUD herein and pursusnt to $ 2+68-103(l)
C.R.S,, within (14) days of said approva! cause to be published in a newspaper of general
cirqdarioq a rrctice advising the general public of the site specific dwelopment plan approval
and creation ofvested properry rights.
L2
4s4584 PlflAZ P-1r5 06/18/96 1O:34A PG 13 OF 14
28. All represeirtations of tlre Applicant, that are within the Application or stated at the
prblic hearings before the Planning Commission and the Board of Courry Commissioners,
shall be oonsidered conditions ofapproval to the od€nt that such representations are not
iocmsisteot with thc curditions of approval set forth herein. The extent of any inconsistency
between the conditions of approval set forth in this Resolution and the statemdnts dnd
representations ofthc Applicant, the conditions ofapproval set forth herein shall control.
CONDITIONALAPPROVAL
Pursuant to the foregoing findings and conditions, the Board of County
Comissioners of Garfidd Coumy, Colorado, herein approves the amendmetlt to PUD zone text and
PLJD plaa requesed herein by the Los Amigos Rarch Partnaship zubject to strict compliance with
t}e terrns and conditions set forth herein. Additionally, tlnougb this approval the Board herein adopts
the PtlD developrnent plan attached herewith and incorporated herein,
Px1gd1lf5 lTthdaygf June 1996.
Upon fr;it$i-&'rty rDade and seconded thc forqgoing Resolutiou was adopted by the following
Marian L Snith
Elmer (BucB) Arbaney
13
BOARD OF COTJNTY COMMISSIONERS
Marian I. Smitb Chairperson
Clerk toiQe Bo*9-,:
#,-rl.{i
fbt /to.nz t
4S4584 B-982 P-1"16 06/18,/96 10:34A FG 14 OF 14
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