HomeMy WebLinkAboutEx 0- Revised Application Text 04.11.2018LAKE SPRINGS RANCH
Filing 2 Final Plat Application
April 2018
Submitted on Behalf of:
Berkeley Family Limited Liability Limited Partnership
4001 County Road 114
Glenwood Springs, Colorado 81601
Prepared by:
TG Malloy Consulting, LLC
402 Park Drive
Glenwood Springs, Colorado 81601
Email: tim@tgmalloy.com
P: 970.945.0832
LAKE SPRINGS RANCH
FILING 2 FINAL PLAT APPLICATION
TABLE OF CONTENTS
PROJECT TEAM 1 PAGE ii
LIST OF EXHIBITS 1 PAGE iii
INTRODUCTION 1 PAGE 1
BACKGROUND & PRIOR APPROVALS 1 PAGE 2
FINAL PLAT SUBMISSION REQUIREMENTS 1 PAGE 3
FINAL PLAT REVIEW CRITERIA 1 PAGE 4
MISCELLANEOUS ISSUES 1 PAGE 14
SUMMARY 1 PAGE 17
Lake Springs Ranch
Filing 2 Final Plat Application
April 2018
PROJECT TEAM
LAND PLANNING
CIVIL ENGINEERING
GEOTECHNICAL ENGINEERING
WATER ATTORNEY
WATER ENGINEERS
TRAFFIC ANALYSIS
HISTORIC SURVEY
ii
TG MALLOY CONSULTING, LLC
402 Park Drive
Glenwood Springs, Colorado 81601
Ph: 970-618-6097
HIGH COUNTRY ENGINEERING
1517 Blake Avenue, Suite 101
Glenwood Springs, Colorado, 81601
Ph: 970-945-8676
H -P KUMAR
5020 County Road 154
Glenwood Springs, Colorado 81601
Ph: 970-945-7988
BEATTIE, CHADWICK & HOUPT, LLP
932 Cooper Avenue
Glenwood Springs, CO 81601
Ph: (970) 945-8659
ZANCANELLA & ASSOCIATES
1011 Grand Avenue
Glenwood Springs, Colorado 81601
Ph: 970-645-5700
SGM
118 West 6th Street
Glenwood Springs, Colorado 81601
Ph: 970-384-9044
REID ARCHITECTS, INC.
412 North Mill Street
Aspen, CO 81611
Ph: 970-920-9225
Lake Springs Ranch
Filing 2 Final Plat Application
April 2018
iii
LIST OF EXHIBITS
Exhibit 1 1 Divisions of Land Application Form
Exhibit 2 1 Proof of Ownership Documentation
Exhibit 3 1 Payment Agreement Form
Exhibit 4 1 Statement of Authority
Exhibit 5 1 Title Commitment
Exhibit 6 1 Authorization Letter
Exhibit 7 1 Pre -application Conference Summary Form
Exhibit 8 1 Certificate of Taxes Due
Exhibit 9 1 Vicinity Map
Exhibit 10 Engineer's Report/Plat Drawings & Other Attachments
Exhibit 11 Filing 2 Draft Subdivision Improvements Agreement
Exhibit 12 Declaration of Covenants, Conditions, Restictions and Easements
Exhibit 13 Well D Well Permit
Exhibit 14 Pump Test & Water Quality Report (Zancanella)
Exhibit 15 Traffic Impact Study (SGM)
Exhibit 16 CDOT Access Permit
Exhibit 17 Subsoil Study Report for CR 1 14-1 15 (H-P/Kumar)
Exhibit 18 Draft Affordable Housing Plan and Agreement
Exhibit 19 Historical Survey (Reid Architects)
Exhibit 20 a) Resolution No. 2016-35; b) Resolution No. 2016-36
Exhibit 21 Resolution No. 2012-80
Exhibit 22 Resolution 2017-17
Exhibit 23 2012 Agreement Waiving Filing 1 Subdivision Improvements
Exhibit 24 Checks for 2004 Impact Fees (Fire District and School District)
Exhibit 25 Approved 2016 LSR Phasing Plan
Exhibit 26 2004 Filing 1 Subdivision Improvements Plan
Exhibit 27 Existing Conditions Map
Exhibit 28 Existing Cabin Site Plan (Interim AH Unit)
Exhibit 29 Existing Cabin Building Permit
Exhibit 30 Houpt Email - Proof of Water Rights for Spring
Exhibit 31 Bank of Colorado Letter
Lake Springs Ranch
Filing 2 Final Plat Application
April 2018
Lake Springs Ranch PUD Subdivision
Filing 2 Final Plat Application
INTRODUCTION
This application includes additional information requested by the Community
Development Department Staff after their completeness review of the initial
application. The text in this document has been revised to address several issues
that were identified by Staff. In addition, several new exhibits have been
provided at the request of staff. These new exhibits are listed below and are also
included at the end of the list of exhibits in the table of contents of this
document.
• Existing Conditions Map (Exhibit 27).
• Site Plan for Existing Cabin - Interim AH Unit (Exhibit 28).
• Building Permit for Existing Cabin (Exhibit 29).
• J Houpt Email w/Attachments Re: water rights for spring (Exhibit 30).
• Letter from Bank of Colorado (Exhibit 31)
Staff also requested revisions to a few of the exhibits that were included in the
original application. The revised exhibits are listed below.
• Engineer's Estimate of Cost of Subdivision Improvements (Exhibit 10,
Attachment C). Revised to include cost to demolish existing buildings
within Filing 2 plat area.
• Sheet 2 of Final Plat Drawings (Exhibit 10, Attachment A). Revised to
include alignment of existing CR 119.
• Subdivision Improvements Agreement (Exhibit 26). Revised to incorporate
clarifying language regarding the method of financial security, including
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Lake Springs Ranch PUD Subdivision 1 Filing 2 Final Plat Application
April 2018
language granting BOCC authority to sell Filing 2 lots in the event the
Owner does not complete the proposed subdivision improvements.
BACKGROUND & PRIOR APPROVALS
The Lake Springs Ranch PUD Subdivision is located approximately 3.5 miles
southeast of Glenwood Springs along County Road 114 (CR 114). The property,
which contains approximately 459.4 acres, is divided by CR 114 and is owned by
the Berkeley Family Limited Liability Limited Partnership (Applicants). Exhibit 9 is a
Vicinity Map that shows the general location and configuration of the property.
At this time, the Applicants are proposing to final plat 14 lots and associated
streets and open space, as well as 76.18 acres that have been conserved over
the years but were never final platted. The proposal also includes one dwelling
unit to satisfy the requirements of Article 8 (Inclusionary Zoning for Housing) of the
Garfield County LUDC. The Applicants are proposing to satisfy the affordable
housing requirement by deed restricting an existing cabin located on the
property. The final plat also includes easements to accommodate utility
improvements necessary to serve the proposed single-family lots. These
improvements include water lines and other water system facilities, as well as the
rerouting of an electric line adjacent to CR 114 near the south end of the
property. The legal descriptions for these easements are included as
Attachment B of the civil engineer's report (Exhibit 10).
In 2016, the Garfield County Board of County Commissioners (BOCC) granted
Preliminary Plan and PUD amendments as described in Resolution Nos. 2016-35
(Exhibit 20a) and a PUD zoning amendment to incorporate lands that had been
added to the property previously via lot line adjustments with adjacent land
owners (Resolution No. 2016-36 - Exhibit 20b). The approvals granted in 2016
modified and amended Preliminary Plan and PUD approvals that had been
granted in 2009, via Resolution No. 02-2009, as amended in 2012 via No. 2012-80
(Exhibit 21). Resolution No. 2016-35 states "the approvals and conditions
contained in this Resolution supersede Resolution Nos. 02-2009 and 2012-80,
excepting the attachments to the latter which are referred to in this Resolution."
The pertinent attachments to the 2012 resolution are described in the following
paragraph. In April of 2017, the BOCC granted a one-year extension to the time
limitation for recording a final plat pursuant to the Preliminary Plan/PUD approvals
granted in 2016 (Resolution No. 2017-17 - Exhibit 22). Resolution 2017-17 requires
that a technically complete Final Plat application be filed prior to April 11, 2018.
The attachments to Resolution 2102-80 that remain pertinent despite the 2016
Preliminary Plan/PUD amendments, include Exhibits B, C, and E. Exhibit B is the
PUD Zoning Map; Exhibit C contains the various geotechnical reports that have
been done on the property; and Exhibit E is a December 2000 letter that
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Lake Springs Ranch PUD Subdivision 1 Filing 2 Final Plat Application
April 2018
describes the basic terms of a joint groundwater monitoring program for the
Spring Valley Aquifer. The key recommendations of the geologic reports were
incorporated in the conditions of approval of the 2016 preliminary plan
amendment resolution. These recommendations are also incorporated in plat
note 15 on Sheet 1 of the Filing 2 Final Plat drawings included with this
application.
In 2004 the Applicants recorded the first final plat for the Subdivision which is
referred to as Lake Springs Ranch PUD, Filing 1. As part of the Filing 1 Final Plat,
the Applicants recorded a Subdivision Improvements Agreement (Reception No.
664630). The 2004 SIA included a provision prohibiting the submittal of any further
final plat applications until all improvements described in the SIA had been
completed to the County's satisfaction. Subsequently, the portion of the land
contained within Filing 1 where the improvements were located was placed into
a conservation easement. In recognition of this fact, the County and Applicants
executed an agreement in 2012 acknowledging that the improvements required
by the previous SIA are no longer feasible or necessary and waiving the
prohibition on the submission of further final plans. A copy of this agreement is
included as Exhibit 23 of this application.
FINAL PLAT SUBMISSION REQUIREMENTS
The Applicant is seeking Final Plat approval for Filing 2 of the Lake Springs Ranch
PUD as outlined in the Pre -application Conference Summary provide in Exhibit 7.
This application includes the drawings and other documentation required for
final plat review. The submittal requirements from the Pre -application
Conference Summary are listed below along with the location in this application
where each item can be found.
The regulatory documents and code sections containing the submission
requirements and review criteria, as specified in the Pre -application Conference
Summary, are addressed in the Review Criteria section of this application. This
includes all information necessary to address compliance with the applicable
preliminary plan approval conditions contained in Resolution No. 2016-35 and
identified on page two of the Pre -application Conference Summary form. A
complete list of all exhibits contained in this application is provided in the table of
contents.
List of Application Submission Requirements (Section 5-401)
A. General Application Materials
1. Application Form and Fee: Exhibit 1 (fee submitted with application)
2. Ownership Documentation: Exhibit 2
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April 2018
3. Agreement to Pay Forms: Exhibit 3
4. Statement of Authority: Exhibit 4
5. Title Commitment: Exhibit 5
6. Authorization letter: Exhibit 6
7. Pre -application Conference Summary: Exhibit 7
8. Certificate of Taxes Paid: Exhibit 8
B. Vicinity Map: Exhibit 9
C. Final Plan Map (Per 5-402 E): Exhibit 10 - Sheets FPlan 1, 2 and 3
D. Final Plat (Per 5-402 F): Exhibit 10 - Sheets Plat Ol , 02 and 03
E. Subdivision Improvements Agreement: Exhibit 11
F. CCR's (Covenants, Conditions and Restrictions): Exhibit 12
G. Engineering Plans: Exhibit 10 - See below for specific sheet references
1. Roads, trials, walkways and bikeways: Exhibit 10 - Sheets GR -0 to GR -
3; PP -00 to PP -08; and Det -3
2. Mitigation of Geological Hazard: Exhibit 10 - Sheet Plat 01 (Note 15)
and Pages 22 & 23 of CCR's
3. Sewage Collection and Water Supply/Distribution System: Exhibit 10
- Sheets MU -0 to MU -8; Det -1, 2, 4, 5, 6 and 7
4. Soil Suitability: Exhibit 21 - Geologic Reports, and Exhibit 10 -
Attachment D (Filing 2 Drainage Report)
5. Groundwater Drainage: Exhibit 10 - Attachment D
6. Cost Estimates for Public Improvements: Exhibit 10 - Attachment C.
FINAL PLAT REVIEW CRITERIA
The regulatory provisions to be addressed for Final Plat are identified in the Pre -
application Conference Summary. The applicable provisions are listed below
and are addressed in the text and exhibits included in this application.
List of Applicable Regulatory Provisions
A. Section 4-101 - Common Review Procedures (Specified in Item III of Pre -
application Conference Summary)
B. Section 5-302 D (Table 5-103) - Final Plat/Final Plan Review Process
C. Section 5-401 - Submittal Requirements
D. Article 7 - Standards
In addition, Section 5-302 D of the Garfield County Land Use and Development
Code requires that Final Plats comply with all conditions of Preliminary Plan
approval. Resolution No. 2016-35 includes a number of conditions that must be
satisfied at final plat. Those conditions are identified in the Pre -application
Conference Summary and are listed below along with the location or document
in this application where the condition is addressed.
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Lake Springs Ranch PUD Subdivision 1 Filing 2 Final Plat Application
April 2018
List of Conditions Required to be Satisfied at Final Plat (Resolution No. 2016-35)
A. Conditions 2, 3 and 4 - Impact Fees: See Review Criteria section below
B. Condition 5 - Submittal of NDPES Permit: Exhibit 10 - Attachment E
C. Condition 7 - Plat Notes: Exhibit 10 - Sheet Plat 01 (Notes 6, 8, 10 and
11)
D. Condition 8 - Geotechnical Recommendations: Exhibit 10 - Sheet Plat
01 (Note 15) and Pages 22 & 23 of CCR's
E. Conditions 9, 13 and 14 - Water System: Exhibit 10 - Cover Letter &
Attachments
F. Condition 10 - Water System: Exhibit 13 - Current Well D Permit
G. Condition 11 - Water System: Exhibit 14 - Pump Test & Water Quality
Report
H. Condition 15 - Water Impoundment Notice: Exhibit 10 - Cover Letter
1. Condition 17 - Wastewater Collection: Exhibit 10 - Cover Letter
J. Condition 18, 19 - Access Permits: Exhibits 15 and 16 (SGM Traffic
Impact Study, CDOT Access Permit). Also see text below re: County
Access Permit
K. Condition 22 - CR 114 Geotech Investigation: Exhibit 10 - Attachment H
and Exhibit 17 (HP Kumar Report)
L. Condition 24 - Affordable Housing: Exhibit 18 (Affordable Housing
Agreement).
M. Condition 27 - Revegetation: Exhibit 10 - Attachments A and C
N. Condition 28 - Historic Preservation: Exhibit 19 (Historic Survey Report).
Section 5-302 D - Review Criteria
Section 5-302 (D) of the Garfield County Land Use and Development Code
provides three primary criteria for review and approval of Final Plat/Final Plan
applications.
1. Comply with all conditions of Preliminary Plan approval: and
2. Comply with the Final Plan requirements in section 5-402.E and the Final
Plat requirements in section 5-402.F; and
3. All taxes applicable to the land have been paid, as certified by the
County Treasurer.
Response: Compliance with the applicable conditions contained in Resolution
No. 2016-35 is addressed in the various documents identified in items A through N
above. Additional information related to Conditions 2, 3, 4, 19 and 24 is provided
in the paragraphs below. The Final Plan and Final Plat drawings are included in
Attachment A of Exhibit 10. These drawings comply with the requirements of
Sections 5-402.E and F. The Final Plan and Final Plat Drawings have been
provided in both 11 x 17 and 24 x 36 format in order to accommodate ease of
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Lake Springs Ranch PUD Subdivision 1 Filing 2 Final Plat Application
April 2018
review by the County Staff and other referral agencies. Three paper copies of
the drawings were provided with the initial application. A mylar copy will be
provided for recordation once the staff has completed its review and any
identified revisions have been made. All taxes for the four parcels which
comprise the subject property have been paid as shown on the Certificates of
Taxes Due provided in Exhibit 8 of this application.
Resolution No. 2016-35 also includes the following language which must be met
in order to demonstrate compliance with the approved Preliminary Plan:
"Amend the Preliminary Plan and Phasing Plan to show the unplatted portions
of conserved lands, those lands located outside of final plat of Filing 1, as
"Conserved Lands" and to eliminate the lot lines currently indicated on the
approved Preliminary Plan. This is necessary for the future final plat to remain
consistent with the Preliminary Plan."
The approved and recorded Preliminary Plan and Phasing Plan drawings comply
with this requirement as is reflected on the Final Plan drawings included with this
final plat application. In accordance with this requirement, the uplatted portions
of the previously conserved lands, which were not part of the Filing 1 Final Plan,
have been included on the Filing 2 Final Plat drawings and are referred to as
"Conserved Parcel" on the plat. The Conserved Parcel is 76.179 acres in size
excluding the Spring Valley Road right-of-way that was platted as part of Filing 1.
Condition 2 - Road Impact Fee: In accordance with the County's policy at the
time the most recent preliminary plan approvals were granted, Condition
number 2 of Resolution No. 2016-35 requires that 50% of the road impact fee be
paid at each final plat and the remaining 50% be collected at building permit
issuance. However, in December of 2016, the County updated its road impact
fee policy (Resolution No. 2016-71). The current policy, as codified in Section 7-
405(A) (1) of the Garfield County LUDC, is that road impact fees are collected
prior to the issuance of a building permit. This policy is also acknowledged in the
"Road Impact Fees" press release found on the Community Development
Department's website which states, "Additionally, the fees will be assessed at the
time building permits are issued on all new developments." Therefore, no road
impact fee is required at this time.
Condition 3 - Fee in lieu of School Land Dedication: Condition number 3 states,
"the Applicant shall pay a Fee -In -Lieu of School Land Dedication, as calculated
in Section 7-404 of the 2013 Land Use and Development Code, as amended,
with each final plat." The formula for calculating the Fee -in -lieu in Section 7-404
of the current LUDC is as follows:
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Lake Springs Ranch PUD Subdivision 1 Filing 2 Final Plat Application
April 2018
Fee -in lieu = Unimproved per -acre market value of land x land dedication
standard x number of units.
The LUDC requires that the unimproved market value of land be determined by
an appraisal performed within the last 6 months. The land dedication standard is
identified as the standard set forth in Section 7-404.B and the number of units
referenced in the formula is the number of dwelling units proposed, per Section
7-404.C.3.c of the LUDC. For the purpose of this calculation, the proposed on-site
affordable housing unit (existing cabin) has not been counted since it's an
existing dwelling unit. Based on the formula in Section 7-404.B, the land
dedication standard for the proposed 14 single-family lots would be as follows:
Land Dedication Standard = (1,776 x .49) = 870.24sf or .02 acres/dwelling.
Regarding the unimproved market value of land, we request that the County
consider the following information as an alternative to preparing a new appraisal
for the property. An appraisal of the Lake Springs Ranch property was
conducted in 2005 in preparation for a conservation easement that was
recorded that year. This appraisal was prepared during the real estate boom
that was occurring over the years leading up to the 2008 banking crisis and
economic downturn. At that time, sales of rural land had been on the rise and
values were peaking. The 2005 appraisal included a list of comparable sales of
unimproved properties that had occurred over the prior seven years. The data
for these sales is shown in Table 1 below, which was taken from the appraisal.
Note that the per -acre value for each sale was time adjusted to 2005 values. The
average of the time -adjusted value for the nine properties analyzed in 2005 was
$14,485.89 per acre. For comparison purposes, current listing data for all of the
unimproved parcels between 100 and 500 acres in size found on the Garfield
County page of the Land Watch website were also analyzed. As of February 28,
2018, there were 15 separate properties listed on the Land Watch website that
met this criterion. The average list value of these 15 properties was
$10,047.43/acre (see Table 2). Since the listing price tends to be higher than
actual sales price, this data suggests that the market for unimproved rural land
continues to be depressed compared to 2005. The information provided below
for the two properties with the highest listing prices on the Land Watch website
provides further support for this assertion.
The highest list price in Table 2 is nearly $47,000 per acre. However, this property
is being marketed as a premier horse breeding facility and not as unimproved
land. The property, known as the Rising Hearts Ranch, is described as "one of the
most charming, show -stopping horse facilities in Western Colorado." The
property is improved with world-class facilities for breeding and training horses
and includes a 6,800 square -foot trophy home. The listing also states that the
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Lake Springs Ranch PUD Subdivision 1 Filing 2 Final Plat Application
April 2018
Ranch is the home of Shellbird, Inc., a world renowned Arabian horse breeder.
Similarly, the second highest priced listing is an active commercial resort
(Sweetwater Lake Resort) which includes a 77 -acre lake, restaurant, numerous
cabins, employee houses, barn, campsite, and boat rental facility. Though not
true comparables for unimproved land, these properties were included in the
analysis in order to err on the side of a higher fair -market -value for the purpose of
providing a conservative fee -in -lieu calculation.
Table 1
COMPARABLE SALES AWLSTMENT SCMMARY
[Ake Springs Ranee
Garfield County, Colorado
Date of Valuation: lune 12, 2005
Sale Dote err Solo Total Pelee
Number Grantor Greatee Sale Price Acreage Per Acre
Months ladtplcd Time
Prier to Time Adjusted
Valuation 1uerzart Mee
Zrning& Physis! Lno.r.oa
Platting Features Si Roca San
Indicated
value
Per Acre
1 Sehweppo puree Petah 092463 512.060,000 522.95 , 522,945 21 52.469 , 525,355 519,016 - e 844,371
1 Mwebeu Cenbe Cerise Ranch 09128600 50.863,505 299.86 . 516.383 57 04,462 _ 521.052 975,789 0 0 536,841
3 Prelim Marlin 1129706 52,6501900 590,96 , 313.878 55 53.816 , 317.694 913,271 0 0 530965
4 Douglas Cerise 04neh Dahl 0625/95 51,847,903 161.92 _ 911,412 84 54,793 , 810,205 522,154 5 0 528.359
5 Glas Knobek 04/17/07 96,450,006 546.74 _ $11,797 38 $2,241 _ 514,039 310,529 0 0 0 024,260
6 A16rr33on C100=a54rr 011907/05 511,092,600 901.91 , 91222.307 3 5185 , 512493 59,369 0 0 0 521.861
7 Calif Mc Rockyrwleimrain 03/30101 51,642,600 180.07 , 99.122 51 52.320 , 511,446 98,556 0 0 0 520,636
5 Laurence MILT 005102 54,000.001) 480.00 _ 59,333 , 41 51,708 , 510,042 57,532 0 0 517,574
9 1.14K, LLC MO Aspen 04718/00 54,400.000 1141.28 , S3,852 63 91,194 , 55046 53,785 0 4. X98.831
_ MOP aeywe.t p41,-
•-Sub,
k..s,b;.r, i<iauvsire.
0- sr,.e, i.meiw,>wo.
Wegin'uitlee sdjumrcu mellened try+nr-Nns do nae ly. wry aPal2/3;29;-7
As indicated elsewhere 1n this report, the adjustment for time is basad on an iadreasc of 0.5r/e per month from the date of sale so June 12, 2005. Efshe sale
occurred dining the first k 5 days of the morals that 910!![0; isincludedin the calculation. If the sale 6ec0rredon or after -the 160 0fthe month, that month is not counted
in the calculation. Essentially, we are rounding so the nearest fell month.
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Lake Springs Ranch PUD Subdivision 1 Filing 2 Final Plat Application
April 2018
Table 2
LAND WATCH LISTINGS
(Garfield County - 2/28/2018)
Average Per -Acre List Price: $10,047.43
We recognize that the data presented above does not represent a
comprehensive market analysis of rural land sales and we are not suggesting
that either of the average per -acre values represent the true current fair -market -
value of the Lake Springs Ranch property. Rather, we offer this information as
part of an analysis to determine the gross adequacy of a previous fee -in -lieu that
was paid by the Applicants during the Filing 1 Final Plat process, which is
discussed in the following paragraph. To provide the most conservative ball -park
estimate of fair -market -value for our comparison analysis we have used the
average per -acre value from 2005 which is 44% higher than the average of the
current listing prices. Based on this assumption, the fee -in -lieu calculation for the
proposed Filing 2 development would be as follows:
Estimated School Dedication Fee -in -Lieu = $14,485.89 x .02 x 14 = $4,056.08
In November of 2004, the Applicants paid a School Land Dedication Fee -in -Lieu
to the RE -1 School District as required in association with the Filing 1 Final Plat
process. A copy of the check for this fee is provided in Exhibit 24. The fee
amount ($5,877.45) was calculated based on the 21 single-family Tots that were
approved with the Filing 1 Final Plat. As has been mentioned previously, these
lots were sterilized through a conservation easement that was recorded in
December of 2004. Consequently, no homes were ever built and no impact to
the School District was created.
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List Price
Acres
Price Per Acre
500+ Ac.
$6,500,000.00
960
$6,770.83
$9,000,000.00
1128
$7,978.72
$4,160,000.00
1883
$2,209.24
$1,850,000.00
880
$2,102.27
$11,500,000.00
1229
$9,357.20
$6,500,000.00
599.5
$10,842.37
$1,120,000.00
512
$2,187.50
$5,500,000.00
624.5
$8,807.05
6
Q
0
0
'^
r
$9,300,000.00
488
$19,057.38
$5,500,000.00
394.07
$13,956.91
$750,000.00
360
$2,083.33
6
Q
o
on
c
$875,000.00
155
$5,645.16
$78,500.00
157
$500.00
$1,895,000.00
154
$12,305.19
$5,500,000.00
117.25
$46,908.32
Average Per -Acre List Price: $10,047.43
We recognize that the data presented above does not represent a
comprehensive market analysis of rural land sales and we are not suggesting
that either of the average per -acre values represent the true current fair -market -
value of the Lake Springs Ranch property. Rather, we offer this information as
part of an analysis to determine the gross adequacy of a previous fee -in -lieu that
was paid by the Applicants during the Filing 1 Final Plat process, which is
discussed in the following paragraph. To provide the most conservative ball -park
estimate of fair -market -value for our comparison analysis we have used the
average per -acre value from 2005 which is 44% higher than the average of the
current listing prices. Based on this assumption, the fee -in -lieu calculation for the
proposed Filing 2 development would be as follows:
Estimated School Dedication Fee -in -Lieu = $14,485.89 x .02 x 14 = $4,056.08
In November of 2004, the Applicants paid a School Land Dedication Fee -in -Lieu
to the RE -1 School District as required in association with the Filing 1 Final Plat
process. A copy of the check for this fee is provided in Exhibit 24. The fee
amount ($5,877.45) was calculated based on the 21 single-family Tots that were
approved with the Filing 1 Final Plat. As has been mentioned previously, these
lots were sterilized through a conservation easement that was recorded in
December of 2004. Consequently, no homes were ever built and no impact to
the School District was created.
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Lake Springs Ranch PUD Subdivision 1 Filing 2 Final Plat Application
April 2018
Doing the math for the fee -in -lieu calculation in reverse, the $5,877.45 fee paid in
2004 would be adequate to satisfy the current fee -in -lieu requirement, even if the
unimproved fair market value of the Lake Springs Ranch property were as high as
$19,590 per acre. This is nearly double the average per -acre price for properties
of similar size currently listed on the Land Watch website for Garfield County as
shown in Table 2. Given this amount of latitude, we request that a new appraisal
not be required at this time and that the fee paid in 2004 be deemed adequate
to satisfy the school dedication requirement for the proposed Filing 2 Final Plat.
Condition 4 - Fire District Impact Fee: Condition number 4 states, "Impact fees
shall be paid to the Carbondale and Rural Fire Protection District (CRFPD) prior to
the approval of final plats submitted for approval subsequent to this Resolution."
In 2004 the Applicants paid an impact fee to the CRFPD in the amount of
$9,177.00. According to the Applicant's banking records, on March 31, 2005, the
CRFDP reimbursed the Applicants in the amount of $7,177.00. Therefore, the
CRFPD retained $2,000 of the fee payment despite the fact that none of the lots
in Filing 1 were ever developed. The Applicants are requesting that this $2,000 be
applied to any fee that would be due in association with the 14 Tots proposed in
the current Filing 2 Final Plat.
Condition 19 - County Driveway Permits: Condition 19 requires that the
Applicant obtain driveway permits from the Garfield County Road and Bridge
Department for all applicable Secondary Access roads that intersect County
Roads 114 and 115, prior to the approval of each final plat. The proposed Filing 2
Final Plat includes only one secondary road that intersects with CR 114 and none
that intersect with CR 1 15. The Applicants agree to obtain the necessary permit
and pay the associated fee prior to final approval of the Filing 2 Final Plat.
Condition 24 - Affordable Housing: Condition 24 states - "The location (on-site,
off-site, or a combination of on-site or [sic] off-site) of the affordable housing, and
an Affordable Housing Agreement reflecting these determinations shall be
finalized prior to scheduling the first final plat application submitted subsequent
to this Resolution for signature by the Board of County Commissioners."
A draft of the required Affordable Housing Plan and Agreement (AH Agreement)
is included as Exhibit 18 to this application. The AH Agreement complies with
Condition 24 and identifies the location and other details of the required
affordable housing units. The AH Agreement also addresses compliance with the
provisions of the Inclusionary Zoning Guidelines contained in Division 4 of the
LUDC as amended by Resolution No. 2016-67 of the Garfield County Board of
County Commissioners. The attached AH Agreement was reviewed in draft form
during the Preliminary Plan review process in the 2016, though it was not officially
approved by the BOCC and was not required to be recorded. The attached
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Lake Springs Ranch PUD Subdivision 1 Filing 2 Final Plat Application
April 2018
version has been revised in response to Resolution No. 2016-67, as well as to
reflect current dates and provisions that were approved during the 2016
Preliminary Plan review. The document was also revised to incorporate the
appropriate information related to the current request to satisfy the required
affordable housing unit, on an interim basis, by deed restricting an existing
dwelling unit on the property, as explained in the following paragraphs. All of the
changes made since the draft AH Agreement was reviewed in 2016 have been
highlighted with track changes.
Item 8 of the recitals in the AH Agreement states that "Article 8 of the LUDC shall
govern the AH units, including but not limited to the quantity, size, sale/resale or
rent of the units to be provided by the Owner, or its successors or assigns, in the
PUD." Section 8-301.A of the LUDC requires the number of affordable housing
units to be 10% of the number of free-market lots in the subdivision. The LUDC
further clarifies that in computing this requirement, any fraction of a unit above
.50 must be rounded up and any fraction of a unit .49 or less will be rounded
down. Based on this standard, the 14 proposed free-market lots would require
one affordable housing unit (14 x .1 = 1.4 or 1).
The Applicant is proposing interim and long-term methods for providing the
required unit. The long-term solution for providing this unit, as well as all of the
other required AH units for the Subdivision, is to construct deed -restricted for -sale
townhomes on Tract A of the Subdivision. Tract A would have to be subdivided
and final platted in order to create separately conveyable lots for the townhome
units. However, Tract A is located well away from the proposed Filing 2 lots and
would require substantial additional infrastructure to develop at this time. Since
Filing 2 only includes 14 lots, insufficient revenue will be generated to pay for the
additional improvements necessary to accommodate a single townhome unit
on Tract A. As shown on the approved Lake Springs Ranch PUD Phasing Plan
(Exhibit 25), Tract A is part of Phase 3 (Filing 3) and the Applicants intend to
subdivide and develop this tract in conjunction with Filing 3. In addition, the
townhome units will most likely be constructed in 2 to 4 -unit buildings making it
physically impractical and financially inefficient to build a single townhome unit.
With 27 lots, Filing 3 will require three AH units under the current provisions of
Section 8-301.A of the LUDC. Including the required unit from Filing 2, this brings
the total to four AH units, which will allow the Applicants greater flexibility and
efficiency in the construction of the AH units when Filing 3 is developed.
Given this situation, the Applicants propose to deed -restrict an existing cabin on
the Lake Springs Ranch property, on an interim basis, and to rent this unit at the
Category II level. The existing cabin can't be offered as a permanently deed
restricted for -sale unit at this time because it is currently located on one of the
large ranch parcels and not on a separately conveyable subdivision lot. The
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Lake Springs Ranch PUD Subdivision 1 Filing 2 Final Plat Application
April 2018
proposal is to place a deed restriction on the cabin that would restrict it for use
as a rental housing unit subject to the requirements and limitations of Article 8 of
the LUDC and managed by the Garfield County Housing Authority (GCHA). The
deed restriction would include a provision that would only allow the restrictions
on the cabin to be lifted when the replacement townhome on Tract A had been
completed and a Certificate of Occupancy had been issued by the County.
The existing cabin is located near the large pond within Filing 3 and has an
existing driveway and septic system. Exhibit 28 is a site plan showing the location
of the existing cabin and the driveway that provides access to the cabin. The
driveway is 15 feet wide with a ten -foot -wide thin gravel section and 2.5 feet of
soft (non -gravel) shoulders on either side. There is a small roadside swale along
the high side of the drive. The low side just sheets to the pond. The cross slope is
difficult to establish but it is not steeper than 3%. The longitudinal road slopes
appear to be between 0-5%. There is an offset hammerhead turnaround
available adjacent to the cabin. The driveway is relatively straight with no tight
horizontal curves.
The cabin was constructed in 1990 under building permit number 3951 (Exhibit
29). The building permit shows that the cabin contains 701 square feet and is a
one -bedroom, two-story building. There is also an adjacent 500 square -foot
storage building. Section 8-301.6.4 of the LUDC requires one -bedroom units to
contain a minimum of 700 square feet. The Applicants will provide accurate
square footage for the cabin prior to recording the deed restriction. If the cabin
does not meet the required minimum square footage the Applicants would be
willing to expand the unit as necessary to meet the minimum size requirements
prior to deed restricting the unit for rent.
The building permit shows water for the cabin is provided by an existing spring,
which is known as the Lake Springs Ranch Spring. The legal right to use the water
from the Spring is addressed in an email from Jeff Houpt which includes several
supporting documents (Exhibit 30). The Lake Springs Ranch Spring is approved for
use of up to .44 cfs for domestic and other uses. The Spring has been producing
an adequate supply of water for the cabin since 1990. To the Applicants'
knowledge, there has never been any water quality testing done on the spring
water. The Applicant would be willing to have the water tested by the State and
to provide the test results to the County prior the unit being deed restricted for
use as an affordable housing unit. If the spring water does not meet State or
County standards, water treatment equipment could be installed, or a new
water line could be constructed to serve the cabin at the time the water
infrastructure for Filing 2 is constructed. The Applicants would also be willing to
provide a report indicating the amount of flow from the Spring prior to
recordation of the deed restriction.
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Lake Springs Ranch PUD Subdivision 1 Filing 2 Final Plat Application
April 2018
The building permit also shows that a new septic system was to be constructed
as part of the project. There is no indication of the capacity of the septic system
in the permit. The Applicants no longer have the drawings that were submitted
with the building permit application, but they recall that the septic system was
installed to the west of the cabin and the capacity of the system required by the
County seemed excessive at the time given that the cabin is a one -bedroom
unit. There have been no issues with the septic system since it's installation.
The fact that Tract A and the existing cabin are located within Filing 3, promotes
coordination of the transition from the temporary cabin unit to the permanent
townhome on Tract A. The required limitations and guidelines for the use and
management of the existing cabin are described in the attached AH
Agreement. Section 8-303.1.a allows deed restrictions to be executed just prior
to release of the building permit for the construction of an affordable housing
unit. However, since the cabin is an existing unit, the Applicants propose to
execute the necessary deed restriction document for the cabin at the time
building permits are submitted for the first lots to be developed in Filing 2. This
highlights one of the advantages of using an existing unit for the required
affordable housing, which is that the cabin can be occupied and serving as
affordable housing while the lots in Filing 2 are being developed.
Article 7 - Standards
Compliance with the standards contained in Article 7 of the Garfield County
LUDC was thoroughly considered during the Preliminary Plan review in 2016.
Findings 4 and 5 of Resolution No. 2016-35 confirm that, subject to compliance
with conditions of approval, the Preliminary Plan was found to be in general
conformance with the Garfield County Comprehensive Plan of 2030 and to have
met the requirements of the Garfield County LUDC in effect at that time (April 11,
2016). Compliance with applicable conditions of approval contained in
Resolution 2016-35 has been demonstrated in this application. Further, there
have been no substantive changes to the Comprehensive Plan since the current
Preliminary Plan approvals for the Lake Springs Ranch PUD were granted.
There have also been relatively few amendments to the LUDC since the approval
of Resolution No. 2016-35. Only two of these amendments has any bearing on
this Final Plat application. One of those amendments relates to the point at
which road impact fees are collected (Resolution No. 2016-71). This change is
discussed earlier in this application in the response to compliance with Condition
2 of the Preliminary Plan approvals. The second relevant amendment is
described in Resolution No. 2016-67 and addresses the provisions which must be
addressed in any Affordable Housing Plan and Agreement relative to
compliance with the Inclusionary Zoning Guidelines contained in Division 4 of
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Lake Springs Ranch PUD Subdivision 1 Filing 2 Final Plat Application
April 2018
Article 8. This amendment was addressed in the response to compliance with
Condition 24 - Affordable Housing in the previous section of this application.
MISCELLANEOUS ISSUES
Form of Financial Security: Section 4-203.K.1 of the LUDC requires the execution
of subdivision improvement agreements that addresses details related to the
public improvements associated with a subdivision at Final Plat. Among the
issues to be addressed is the form of financial security proposed to guarantee
that all public improvements are completed to the satisfaction of the County.
The Applicants have provided a Subdivision Improvements Agreement (Exhibit
11) which outlines the proposed form of financial security for Filing 2. The
Applicants propose to satisfy the financial security requirement with a
combination of a letter of credit or performance bond and by granting the
County the authority to sell the lots within Filing 2 in the event the improvements
are not completed. The Applicants are working the Bank of Colorado on the
terms of a land development loan and supporting letter of credit. Exhibit 31 to
this application is a letter from Bank of Colorado indicating that they have been
contacted by the Applicants regarding the loan and letter of credit. The SIA also
includes other measures to ensure that the subdivision improvements are
completed. The measures described in the SIA are among the list of permitted
forms of collateral found in Section 4-203.K.4 of the LUDC. The specific forms of
security described in the draft SIA are as follows:
a) Grant of authority to Garfield County to sell the 14 lots in Filing 2 and use
the proceeds to pay for improvements.
b) Letter or credit or performance bond in an amount equal to the cost of
improvements less the fair market value of the Filing 2 lots.
c) Absolute prohibition against the conveyance, sale or transfer of any lot or
tract of land within the Subdivision by the owner prior to completion and
acceptance by the County of all subdivision improvements described in
the SIA.
d) Absolute Prohibition on the submission of additional final plats for any other
portion of Lake Springs Ranch PUD until all subdivision improvements
described in the SIA have been completed and accepted by the County.
The prohibitions in items c and d are memorialized in Section 3 of the current SIA
(Exhibit 11) and in plat notes 12 and 13 of the Filing 2 Final Plat drawings.
These same measures were used by the Applicants in 2004 for the Lake Springs
Ranch PUD Filing 1 Final Plat and they were approved by the BOCC. A copy of
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Lake Springs Ranch PUD Subdivision 1 Filing 2 Final Plat Application
April 2018
the 2004 SIA that was recorded for Filing 1 is attached as Exhibit 26. The form of
security is described on page three of the exhibit.
Vesting Request: In accordance with Section 2-202.D.2 of the Garfield County
LUDC, the Applicants hereby request the creation of a vested property right in
association with the Filing 2 Final Plat which is offered as a site-specific
development plan consistent with Section 2-202.B of the LUDC. The Filing 2 Final
Plat includes the requisite language pursuant to Article 68 of Title 24, C.R.S., as
amended (see Note 14, Sheet 1 of the Filing 2 Final Plat drawings found in
Attachment A of Exhibit). The Applicants understand that they are responsible
for publishing a notice describing generally the type and intensity of the use
approved in association with the Filing 2 Final Plat within 14 days of the approval
of the Final Plat by the Board of County Commissioners.
Preservation of Historic Building #9: The Historic Survey included as Exhibit 19 of
this application identifies one structure within the Filing 2 plat area as having
some historic significance. The structure, which is labelled "Building #9" on the
map within the Historic Survey, is located within Lot 3 of Filing 2. The structure
does not encroach on any required setback or easement, nor does it violate any
other zoning standard. However, Building #9 is not located within the building
envelope that was approved on the current Preliminary Plan for that lot (see
Exhibit 27 - Existing Conditions Plan). The reason for this is that the Applicants
didn't know that any of the existing buildings within the Filing 2 area would be
identified as having historic significance when the current Preliminary Plan was
approved in 2016. In fact, the resolution of approval for the most recent
Preliminary Plan includes a condition (Condition #28) requiring that the Applicant
further investigate the historic value of the structures on Lot 3 prior to the
approval of the Final Plat for Filing 2.
The criteria for approval of a final plat require compliance with all conditions of
the Preliminary Plan approval. In this case, there are two aspects of the
Preliminary Plan approvals which are somewhat in conflict or least provide
insufficient guidance with respect to the preservation of structures with historic
value. The first is Condition 28, which requires that the Applicants further
investigate the historic value of the structures on Lot 3. The second is the
Preliminary Plan drawing and the provisions of the PUD Guide, which together
require that all structures be located within a building envelope. The Applicants
have complied with Condition 28, as evidenced by the Historic Survey provided
in Exhibit 19 of this application. We would point out that Condition 28 does not
provide any guidance as to what to do if any of the structures are found to have
historic value. Nor does the LUDC include any requirements for the preservation
of historic structures. As a result, the Applicants could simply remove Building #9
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Lake Springs Ranch PUD Subdivision 1 Filing 2 Final Plat Application
April 2018
and be in compliance with the conditions of the Preliminary Plan approvals and
the LUDC.
Regardless of this situation, the Applicants are willing to preserve Building #9
provided they are not required to amend the Preliminary Plan to do so. Given
this situation, we request that the County make a finding that amending the
building envelope on Lot 3 to accommodate the preservation of Building #9 is
consistent with the conditions of the preliminary plan approvals. This finding is
supported by the fact that Condition 28 requires further investigation of the
historic value of existing structures with the intent that such structures could be
preserved and that minor modifications to approved building envelopes would
be a reasonable expectation toward that end.
Temporary Right -of -Way Easement (Spring Valley Road/CR 114 Intersection): The
Preliminary Plan amendments granted via Resolution No. 2106-35 include an
amendment to the Phasing Plan shifting the planned improvements to CR 114,
and the corresponding right-of-way dedication for CR 114, from Phase 2 to Phase
3. This creates an interim condition, where a narrow strip of unplatted land
remains between the existing CR 114 right-of-way and the east edge of the Filing
2 area. This issue was discussed during the 2016 Preliminary Plan/PUD
Amendment review, in the context of the then -proposed amendment to the
Phasing Plan. The amendment was granted with the understanding that the
temporary right-of-way condition would be eliminated in Phase 3 with the
dedication of the right-of-way for the realigned CR 1 14. During the interim, the
Applicants propose to address this issue by creating a temporary emergency
access, utility, drainage and right-of-way easement as show in Figure 1 below.
The easement will grant the legal right for access, roadway and utility installation
and maintenance for the improvements at the intersection of Spring Valley Road
and CR 1 14. The legal description for the easement is included in the
attachments to Exhibit 10.
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Lake Springs Ranch PUD Subdivision 1 Filing 2 Final Plat Application
April 2018
Figure 1
(Temporary Emergency Access, Utility, Drainage and R.O.W Easement)
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SECTION 33
Source: High Country Engineering
Summary
The Applicants are requesting Final Plat approval for Filing 2 of the Lake Springs
Ranch PUD Subdivision. In this application, we have demonstrated compliance
with all applicable standards and criteria of the Garfield County Land Use and
Development Code as well as the conditions of approval contained in the
resolution of approval from the 2016 Preliminary Plan Amendment process
(Resolution 2016-35). All of the documents that are required to be recorded for
final plat, including the Final Plan and Final Plat drawings are included in this
application in draft form. We look forward to working with the County Staff to
address any issues prior to scheduling the final plat for review and signature by
the Board of County Commissioners.
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