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Home My WebLink About2.0 Withdrawal Lewtter & CorrespondenceGlenn Hartmann Deor Glenn - On beholf of the Berkeley Fomily Limiied Liobility Limited Portnership (Applicont), I om writing to notify you of the Applicont's intent to withdrow the Applicotion to Amend Condilion 3 of Loke Springs Ronch Filing 2 Finol Plot Resolution, which wos submitted on June 28,2019 (Applicotion). Subsequent to submission of the Applicotion, the GCHA signed the Affordoble Housing Agreement, which eliminoted the need to pursue the Applicotion. The Appliconts ore olso requesting o refund of the $200 development review fee, o check for which wos provided with the Applicotion. Sincerely, Tim Molloy, Principol (On Beholf of the Berkeley Fomily, LLLP) From: Sent: To: Cc: Subject: Tim Molloy, Principol 402 Pork Drive Glenwood Springs, CO Bl ó0'l Office: 970-945-0832 Mobile: 970-6l8-6097 Fox:970-945-0833 lim@tqmollov.com Tim Malloy <tim@tgmalloy.com > Thursday, July 1-8, 2OI9 6:40 PM Glenn Hartmann Michael Berkeley lExternall Request to Withdraw Application ffitr ffi # lood Use Plonnirç Site Desþn GlS Anolysis Public P¡ocess 1 GIenn Hartmann From: Sent: To: Tim Malloy <tim@tgmalloy.com > Friday, June 2l-, 201-9 L0:06 AM Glenn Hartmann [External] Langue of Requested Amendment to Condition 3Subject: Glenn - thonks for colling me bock this morning. As prom¡sed, I've provided o droft of the proposed omendment to Condition 3 of the LSR finol plot opprovol resolution. I've olso provided the reloted explonotory porogrophs which come ofter the omendment longuoge. Pleose get bock to me os soon os you con on this...we're plonning to submit the opplicotion for the omendment Mondoy ond will need to consider whotever input we receive from you on the motter of how to oddress the criterio in Section 5-303(D). Tim 1 Froposed Amendment togondition. 3 Prior to lhe BOCC signoture on the Plqt, the Appliconl sholl complete the Affordoble Housing Agreement lAHAl. The AHA shsll be in finol ç€nÊpt€ied form prior to scheduling lhe documenl for B<¡qrd signolure. The Al-iA sholl be reviewed endse*epted-by the County Atforney's Office, the Gqrfield County Hor.rsing Authoriiy {GCHAI ond Comrnunily Developrnent Deportment-tor conæliance w¡t this Resolution fBtCC ftesolt¡fion No. ?*t8*31. qs amended!, the AHA shûtl olso þe reviewed as to fcrm and accert*d by the Ccunty Attarney's üffice u¡ith qll'.edits-ssn+p+e&ed.ond sholl be signed by the property owner er¡d"lhe ffil*Â.. prior fo scheduling lhÊ AHA ond Mylor plot for signature with lhe Boord.The "4HA sholl be sicnerJ þ:v the GCH,4 ond recorded arior to deed rgstrictlon of the lnterlnl¡4H Un!t. ln the gvenåFitinn 2 ilnsl deJelÕpe_ç¡. {i,snct"trre bv lhe GCt-lA ailçJ reË,ür{stion qf th.p AH4åhql! þe uddlessed çt flnal nlct for Filinn 3- The following amendrnents lo the AHA shall þe made: o. The AHA shall be modified to require thol the inlerir"n qffqrdqble housins unil be deed reslricled and become avoilable os sn offordoble housing unit qf the time that groding begins on Filing 2; b. The Al-lA shqll be modified *s*he-sr+t'$,tfr*e{it¿l'r-ç¡f*U+e-ÇC=}{A.To provide <: date when the inlerim rentql cffordoble unit will terminsle ond the availobility of the perrnonent for sale unit will begin; c, The AHA shall þe modified lo require thol prior to recording of lhe deed reshiction for lhe interim offordoble rentol unit, lhe property owner sholl enter inlo on Affordoble Housing lvtcnogement Agree¡'nent with the Gorfield County Housing Aulhority: d. The AHA sholl add,ress hcw rnoinlenonce ond $now removol will be monaged for Ihe lnterim rental unif; and e. The AHA sholl oddress inspeclion of the unit by Gsrfield County ondlor fhe GCHA for compliqnce wilh building code stondsrds ond HUD-specifled Housing Guolily Stqndqrds. These revisions preserv€ the GCHA's powers ond duties wilh respect to the lnterirn AH Unit, and <rll other AH units that might be buill within the Loke Springs Rcnch F[JD. in full occordonce wilh Arlicle I of LUDC. The Appliconts understond thoT having a fully 3. 2 Êxëculêd ond rêcÕrdÊd AHA is importont to the County ond the GCHA since this docunrent rnemorïslizes The stondards snd reguirements nol just for the AH unil qssociated with Fillng 2 but for lhe remcining phoses of the development qs well" The proposed chonges lo Condition 3 sirnply shift finol execution ond recordotion of the AHA from signofure of lhe Filing 2 finol plot to prior to deed restriction of lhe lnterim AH Unil sr, in the evenf Filing 2 is not developed, to finol plot for Filing 3. This resolves the imposse between the Applicants wilhoul oltering Ìhe ínlent of Gondilion 3 which is to ensure fhqt sn AHA thqt complies with Article 8: incorporotes the chsnges requesled by fhe GCHA (per their Moy 4, 2018 refenol lellerf ; ond meels Courrly stcndords ss to forrn, is executed and recorded prior lo ony development occuning on the Loke Springs Ronch properly. The cr¡nent longuoge olso preserves the GCHA's obilily to review ond comment on the AHA without gronting them unchecked outhorily to demond unreosonqblB ond unconstifulionol revisions. ln the event Fillng 2 is not devetroped" lhe County ond GCHA will hove onother opporluniþ lo discuss ony issue* or concerns related 1o ihe Revised AHA during the review of the fìÍling 3 finol plct. The "inlerim affordable housing unit" longuÕge wos odded to Condiiion 3{al for clarily. The languoge deleted from 3{b} wos done lo ovoid confusion regarding the ou'lhority being grcnted to the GCHA ql this slcge in the review r¡f the AHA. Since they were mode o review-only culhority in the modificalion to the first porcgroph of Condition 3, it made sense to eliminole tl"re "to the sotisfsction of" longuoge in 3{bl. ln reolity, removing this longuoge will hcve litlle effecl since the GCHA hos olreody indicoted thot theV hcve no issue with the woy this condition wqs oddrersed in The Revised AHA. This is canfirmed in Porogroph ? of the November 16,2CI18 GCHA letter, wherein Ms. Gqzunis stoles "l ogree wifh snd supporf all ofher segmenfs of fhe propased Houstng Plcn.".". Furlhe¡", Ms" Gozunis does not retroct lhis supporf ln her Februsry 4, 2t19 letter, wherein she stotes."."fhe posifion ol'fhe Gorfield Counfy Housing Aufhcnty regordrng fhis mosf recenf Affordable Hcusing Plon ond Agreemenf suþmilfed Þy Loke Springs Ronch PUD is unchanged frorn ourNove¡nþer l,6,2Ð l8 leffer." #ffi wffi L<¡nd Use Plonning $ile Derign GIS Anolysis Publ¡c PrÕcet' Tim Molloy. Principcl 402 Pork Drive Glenwood Springs, CO Bl ó01 Office: 970-945-0832 Mobile: 970-618-6097 tox:97O-945-0833 tim@tqmollov.com 3 Gørfield County PRE-APPLICATION CONFERENCE SUMMARYCommunity Development Department 108 8th Street, Suite 401 Glenwood Springsn CO 81601 (970)e4s-8212 www. garfield-countv. com TAX PARCEL NUMBER: 2187-334-00-106 DATE: Updated 616119 APPLICATION: Amendment to Conditions of Approval, Final Plat for Lake Springs Ranch Filing No. 2 OWNER: Berkley Family LLLP PLANNER/REPRESENTATIVE: Tim Malloy, TGMC Consultants PRACTICAL LOCATION: Southeast of Glenwood Springs, at 3961 County Road 114. TYPE OF APPLIGATION: Final Plat - Substantial Modification to Conditions of Approval ZONING: PUD I. GENERAL PROJECT DESCRIPTION The Applicant is considering proposing a modification to the Conditions of Approval contained in Resolution No. 2018-31, a Resolution Approving with Conditions the Final Plat for Filing 2 of the Lake Springs Ranch Subdivision. The modification would be to Condition #3, regarding the Affordable Housing Agreement and the requirement that the agreement be "reviewed and accepted by the County Attorney's Office, the Garfield County Housing Authority (GCHA) and the Community Development Department...." The issue in question is obtaining approval of the draft agreement by the GCHA. By definition a change to a condition of approval is considered a substantial modification and requires resubmittal of a new application. However, the Director can determine the submittal requirements which in this case are anticipated to focus primari$ on the status of conditions of approval and the proposed changes to the Affordable Housing Agreement. II. REGULATORY PROV¡SIONS APPLICANT IS REQUIRED TO ADDRESS l Garfield County Comprehensive Plan 2030 r Garfield County Land Use and Development Code, as amendedo Table 5-103 Common Review Procedures and Required Noticeo Section 5-302 (D) Final Plan/Plat Reviewo Table 5-401 Application Submittal Requirements. Section 4-402 (E) & (F) Final Plan Map and final Plat. Applicable provisions from Article 7, Standards and Section 4-106 Amendments to an Approved Land Use Change Permit III. REVIEW PROCESS The process will address the standard procedures for Final Plat Review 1. Pre-application Conference (completed). 2. Determination by the Director has been made thatthe request is a Subsfantial Modification 3. Submittal of a Final Plat Application in compliance with submittals listed in the Pre- Application meeting summary as determined by the Director. 4. Determination of Completeness and submittal of additional information as needed. 5. Submittal of additional copies (4) of the Application for Board of County Commissioners. 6. Schedule the date for the Board of County Commissioners consideration of the request at a public meeting (no notice is required). 7. Board of County Commissioners review at a public meeting and including Board action for approval, approvalwith conditions or denial. 8. Documentation of the Board's action by resolution and updating and recording of the revi sed/a m e n d ed do c u m e nts. 9. Confirmation of completion of all required conditions of approval and submittal of a Final PIat far recording in accordance with required time limits or extensions thereof. IV. SUBMITTAL REQUIREMENTS ln accordance with Section 4-106, the Director shall determine the submittal requirements for substantial amendments. Based on the nature of the request the submittal requirements shall be focused on basic application materials, the status of conditions of approval and the proposed changes to the Affordable Housing Agreement as outlined below. ! General Application Materials (application forms, agreement to pay form, Statement of Authority for Trusts, corporations or LLC's, authorization to represent, and payment of fees). ! Evidence of ownership such as a deed for the property and title work if available.! Narrative description of the proposed changes to the condition of approval regarding the Affordable Housing Agreement and efforts made to obtain GCHA approval.! Copy of the Existing Resolution of Approval No. 2018-31. D Updated information on the status of the Final Plat Conditions of Approval including but not limited to any required documents (your recent correspondence and attachments would work well).! Final Plan, Final Plat or other reports if there have been any changes since the original Final Plat review. 2 The Application submittals needs to include 3 hard copies of the entire Application and I Digital PDF Copy on a CD or USB Stick. Both the paper and digital copies should be split into individual sections. Please refer to the pre-application summary for submittal requirements that are appropriate for your Application. V. APPLICATION REVIEW a. Review by Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing _ Director's Decision (with notice - not a public hearing) _ Planning CommissionX Board of County Commissioners (public meeting only) _ Board of Adjustment c. Referral Agencies May include but are not limited to County Attorney and Garfield County Housing Authority. VI. APPLICATION REVIEW FEES a. Planning Review Fees: b. Referral Agency Fees: c. Total Deposit: $ 200 Final Plat Application Fee $ TBD - Consulting engineer/civil engineer fees $ 200 (additional hours are billed at $40.50 /hour) VII. GENERALAPPLICATIONPROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre-aoolication S rv Preoared bv: rlzuø"fu (,'l Glenn Hartmann Principal Planner J Section 5-302 Maior Subdivision Garfield Counly Major Subdivision Process (Section 5-302) .Applicant has 6 months to submit application Sketch Plan Prelimínary Plan (oþtlonrD I ¡10 businesa days to review .lf ¡ncomplete, 60 daysto remedy deficiencies .20 business days to review .lf incomplete,60 days to remedv deficiencies Final PlanlPlat Must bê submfüedvvffüln onc yaar of_PP Approt d + tl)È0ã Eo.J .t4 G Ett c co E Fl -ã0, ß E*o ó- CL t, J¿o- Eoo .t! ß .{l Elt f g Eo E N ->o € Ë'i uLo.o.<( o10 ness to revtew . ff incomplete, 5o days to remedydeficiencies .Conduct cÐncGpturl review providing nonbinding comments and recommendations . Published, posted, and mailed to adjacent property owners within 200 fcct and mincr¡l owners, at least 30 days but no morc than 60 days priorto PC hearing .Publlshed, posted, and mailed to adjacent property owners within 200 ftet and mineral owners, at least 30 days but no more than 60 days priorto BOCC hearing a,P -ECL Eou .c! 6 'Ë stt !E øE+¡co Ê f) .> c, o ExoL CLe @.21 day comment period 4 Step 1 : Pre-application Conference Step 2: Application Submittal Step 2: Application Su l¡rtrittal Step 2l Application Submfnal Ste¡i 3: Conr¡rleteness Revicw Step 3r Conr¡rleteness Rcvicw Step 3: Conrpleteness Review Step 4: Evaluation by Direrlnr Step4: Schedule Hearíng and Provide Notice Step 4: Schedu le Pu blic Meeting Step 5: Planning Conrmission Review Step 5: Evaluation by Direictor Stop 6r B0CC Decísion Sfep 6: Fvaluation hy Director 'Step 7: Flanning .'Commission Rev¡'ew Step 8: Schedule Hearing and Províde Nntice Step 9: BOCC Decision