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HomeMy WebLinkAbout1.03 Project NarrativeBATTLEMENT MESA PUD TEXT AMENDMENT BATTLEMENT MESA COMPANY P.o. Box 6000 BATTLEMENT MESA, CO 81636 PROJECT NARRATIVE FEBRUARY 2019 PREPARED BY: SGM 1 18 W. 6Th STREET, SUITE 200 GLENWOOD SPRINGS, CO 81601 1 [This page was left blank intentionally.] Battlement Mesa PUD Text Amendment Battlement Mesa Company Table of Contents 4.02 Purposes and Objectives of Development 1 4.04 Consistency with the Master/Comprehensive Plan 1 Section 6 - Agriculture: 1 4.06 Internal Compatibility of Planned Unit Developments 1 4.07 Standards and Requirements 2 4.07.01 PUD Rezoning 2 4.07.02 Parking 2 4.07.03 PUD Requirements 2 (1) Relationship to surrounding area (2) Internal street circulation system (3) Parking (4) Common Open Space (5) Diversity of Uses (6) Privacy (7) Pedestrians (8) Utility Zones (10) Community Facilities 4.07.04 Building Heights 3 4.07.05 Lot Areas and Setback Restrictions 3 4.07.06 Residential Density 3 4.07.07 PUD Area 3 4.07.08 Permitted Uses 3 4.07.09 Open Space Density 3 4.07.10 Time -Share or Fractional Ownership Units 3 4.07.11 Findings of the Planned Unit Development Regulations Sections 3 4.07.12 Requirements 4 4.08 PUD Processing 4 4.08.05 Requirements 4 (1) Statement of Ownership Interest (2) Broad Concept of Proposed Text Amendment (3) Regional Location Map (4) Site Map (5) Site Topographic Map (6) Legal Description February 25, 2019 Battlement Mesa PUD Text Amendment Battlement Mesa Company (7) Miscellaneous Requirements 4.12 Enforcement and Modification Provisions of the Plan 5 4.12.03 Modification, Removal or Release of Plan Provisions 5 (1) Rights of Residents, Occupants and Owners of PUD (2) Rights of Residents, Occupants and Owners adjacent to the PUD (3) Time -Share or Fractional Ownership Interests (4) Operation or Utilization of Adjacent Mass Transit Facility February 25, 2019 ii Battlement Mesa PUD Text Amendment Battlement Mesa Company BATTLEMENT MESA COMPANY Battlement Mesa Land Investments Parcel 1 LLC, herein referred to as Applicant, consists of many subsidiary companies comprising ownership of all vacant land in the Battlement Mesa PUD. All references to other entities within the following documents is Battlement Mesa Land Investments Parcel 1, LLC. Applicant wishes to amend the Battlement Mesa PUD Guide (6th Amended and Restated PUD Guide January 1, 2014). The Battlement Mesa PUD zone districts were established by Resolution 80-121 under the 1978 Zoning Regulations, including subsequent amendments. The Applicant proposes an amendment to the PUD Zone District text to allow agriculture as defined in this application as a permitted Use by Right in all zone districts less MHP zone district for all parcels inside the PUD boundary but not yet annexed into the Battlement Mesa Service Association (BMSA). Appendix F contains the Battlement Mesa PUD Zoning Map and shows hatching on parcels annexed into the BMSA. This proposed text amendment will apply to all colored parcels within the PUD that are not hatched. February 25, 2019 iv Battlement Mesa PUD Text Amendment Battlement Mesa Company The Applicant proposes to add a new paragraph to each zone district within the Battlement Mesa PUD Guide, less MHR zone district describing the new Agriculture use and definition. The definition of Agriculture for this application is a modified version of the County definition as stated in the 2013 Land Use Code removing certain impactful uses under the Agriculture definition. The existing PUD Guide, the proposed Agriculture use and definition paragraph along with a redline version of the current County definition of Agriculture are included as Appendix G and Appendix H. February 25, 2019 v Battlement Mesa PUD Text Amendment Battlement Mesa Company 4.02 PURPOSES AND OBJECTIVES OF DEVELOPMENT As outlined in the 1978 Zoning Regulations, the purpose of a PUD is to permit greater design flexibility and, consequently, more creative and imaginative design for development than generally possible under conventional zoning and subdivision regulations. Section 4.02 in part encourages more efficient use of land, encourages conserving the value of land, and encourages the preservation of the site's natural characteristics. The proposed agricultural use within the Battlement Mesa PUD allows the PUD to better accomplish all these objectives. 4.04 CONSISTENCY WITH THE MASTER/COMPREHENSIVE PLAN Allowing agriculture is in substantial conformance with Garfield County's Comprehensive Plan. Section 6 of the Plan is entitled "Agriculture" and Garfield County has adopted a Right to Farm Policy. Section 6 - Agriculture: Goals: 1. Promote the continuation and expansion of agricultural uses. 2. Preserve a significant rural character in the county. 3. Preserve scenic and visual corridors in the county Approving the proposed agriculture use within the PUD will let additional land owners in Garfield County benefit from agriculture uses that the rest of Garfield land owners enjoy. The addition of this use by right in the Battlement Mesa PUD accomplishes the above Garfield County Goals. 4.06 INTERNAL COMPATIBILITY OF PLANNED UNIT DEVELOPMENTS Given the State of Colorado's and Garfield County's Right to Farm Policy and the general expectations of County residents, agriculture is overwhelmingly viewed as a compatible use. The PUD has many diverse uses and Agriculture most certainly can be viewed as more compatible than other allowed uses which include but limited to, research facilities, manufacturing facilities, equestrian facilities, skeet shooting ranges, school sites, governmental offices, police and fire stations, library, day-care centers, public and semipublic health facilities including hospitals and clinics, recreation uses, churches, community center, neighborhood February 25, 2019 1 Battlement Mesa PUD Text Amendment Battlement Mesa Company community center, water, well sites, sewage treatment facilities, water treatment and storage facilities, other public and private utility facilities and buildings, and extraction and processing of natural resources. 4.07 STANDARDS AND REQUIREMENTS 4.07.01 PUD Rezoning The Applicant only requests a PUD text amendment allowing and defining Agriculture as a Use by right in undeveloped parcels yet to be annexed into the BMSA. Parking Parking within the affected agricultural use parcels will be off-street parking and will not affect BMSA parcels. 4.07.03 PUD Requirements (1) Relationship to surrounding area The proposed agricultural uses will have minimal adverse effects on other areas of the PUD and adjacent areas of the County. (2) Internal street circulation system An adequate PUD internal street circulation system and County road network is in place around the proposed agricultural parcels. (3) Parking Parking within the proposed agricultural areas will be off-street parking. (4) Common Open Space Common Open Space will not be lessened with the proposed agricultural uses. Ultimate development plans for the area are not changed by the proposed agricultural use. (5) Diversity of Uses The proposed text amendment allows for continued diversity of beneficial uses within the PUD while preserving the original intent of the PUD. (6) Privacy The proposed text amendment does not change the privacy protections of zone districts within the PUD or adjacent areas of the County. (7) Pedestrians The proposed text amendment will not alter the safety, separation, convenience, and access to pedestrian ways within the PUD. (8) Utility Zones The proposed agricultural use will not require additional public utilities, potable water or wastewater facilities beyond what exists currently February 25, 2019 2 Battlement Mesa PUD Text Amendment Battlement Mesa Company (9) Slopes Any disturbance of steep slopes will be the minimum necessary to meet the agricultural needs. (10) Community Facilities The proposed agricultural text amendment will not change the development of community facilities within the PUD. 4.07.04 Building Heights The proposed agricultural text amendment does not change the maximum height of buildings permitted within the PUD. Proposed uses within the proposed zone district will be required to comply with established maximum building heights. 4.07.05 Lot Areas and Setback Restrictions The proposed agricultural text amendment does not change the maximum lot areas or minimum setback restrictions permitted within the PUD. Proposed uses within the proposed zone district will be required to comply with established PUD guidelines. 4.07.06 Residential Density The proposed agricultural text amendment does not change the residential density for the PUD. Proposed uses within the proposed zone district will be required to comply with established PUD guidelines. 4.07.07 PUD Area The proposed agricultural text amendment does not change the size of the PUD. 4.07.08 Permitted Uses The agricultural use is being proposed to accommodate beneficial use within the limited, undeveloped areas of the PUD. 4.07.09 Open Space Density The proposed agricultural text amendment does not change the Common Open Space within the PUD. Development plans nor zone district mapping for the area are changed by the proposed agricultural use. The long term goal of residential and commercial development remains in place. 4.07.10 Time -Share or Fractional Ownership Units The proposed agricultural text amendment does not change the guidelines for time-share or fractional ownership units, or other similar interest in property within the PUD. 4.07.11 Findings of the Planned Unit Development Regulations Sections The proposed agricultural text amendment preserves and maintains the character of the PUD as originally planned for the health, welfare, safety, and quality of life in Garfield County. The PUD was originally developed as an "energy community" to house the families of energy workers in the Parachute area as well as others who would benefit from the energy industry being present in the area. The proposed agricultural use will have little effect on housing and February 25, 2019 3 Battlement Mesa PUD Text Amendment Battlement Mesa Company general life within the PUD as there has been historical use of cattle grazing and farming/ranching on many parcels since the creation of the PUD both inside the boundary line and immediately surrounding the community as well. 4.07.12 The proposed agricultural text amendment does not change the residential density of the PUD. 4.08 PUD PROCESSING 4.08.05 Requirements (1) Statement of Ownership Interest The vacant land parcels affected by the proposed text amendment are owned by Applicant. The owner is the Applicant for the proposed text amendment. Documentation of ownership is included in Appendix A. (2) Broad Concept of Proposed Text Amendment A revised Battlement Mesa Zoning Map is included in Appendix F. The map shows all the zone districts within the PUD. Descriptions of the zone districts are included in the Battlement Mesa PUD Guide located in Appendix G. The only proposed addition is the Agricultural use in all zone districts less MHP until such property is annexed into the BMSA. (3) Regional Location Map A Vicinity Map showing the location of the Battlement Mesa PUD is included in Appendix E. (4) Site Map A Battlement Mesa Zoning Map showing the boundaries, acreage, and existing zoning for the proposed agricultural parcels is included in Appendix F. (5) Site Topographic Map A Site Topographic Map is not included with this application Because it is not applicable to the text amendment. Site Topography will be included with any future large scale development application beyond agriculture. (6) Legal Description A Special Warranty Deed and legal description is included in Appendix A. (7) Miscellaneous Requirements (a) The proposed text amendment will allow beneficial agricultural uses on undeveloped properties. (b) Agricultural operations are scheduled to begin in the Spring of 2019 and may continue until development applications are approved and the parcels are annexed into the BMSA. February 25, 2019 4 Battlement Mesa PUD Text Amendment Battlement Mesa Company 4.12 4.12.03 (c) A copy of the Battlement Mesa PUD Guide is included in Appendix G with the proposed agricultural use described in Appendix H. No other special covenants, conditions and restrictions are proposed. (d) A list of owners and addresses of properties inside the PUD and those within 200 feet of the Battlement Mesa PUD boundary are included in Appendix I. (e) Since the PUD has been approved since 1982, no additional engineering documentation is included with this amendment application. The engineering information is requested as part of a land use permit application. All new land use permits within the PUD will supply the requested information as part of any land use permit application. (f) All lands proposed for agriculture may be accessed from public rights of way or lands owned by Battlement Mesa Company and it's affiliates, (Applicant). During the planning and permitting process for the Battlement Mesa PUD, evidence was provided that the PUD was designed with consideration of the natural environment of the site. Further studies and documentation will be provided during any land use permitting process for further development beyond agriculture. (g) ENFORCEMENT AND MODIFICATION PROVISIONS OF THE PLAN Modification, Removal or Release of Plan Provisions (1) Rights of Residents, Occupants and Owners of PUD Modification of the Battlement Mesa PUD Plan by the text amendment will not affect the rights of the residents, occupants, owners, and other stakeholders of the PUD. (2) Rights of Residents, Occupants and Owners adjacent to the PUD Modification of the PUD Plan by the proposed text amendment will not affect in a substantially adverse manner the enjoyment of land abutting upon or across a street from the PUD, or the public interest. (3) Time -Share or Fractional Ownership Interests Time-share or fractional ownership interests are not included in the proposed text amendment. The proposed text amendment does not change the guidelines for time-share or fractional ownership units, or other similar interest in property within the PUD. (4) Operation or Utilization of Adjacent Mass Transit Facility There is no Mass Transit Facility adjacent to or within the PUD that will be affected by this agricultural text amendment. February 25, 2019 5