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Home My WebLink About3.0 BOCC Staff Report 12.21.2009Exhibits — Time Extension — Eagle Ridge Tawnhomes Preliminary Plan BOCC (1212112009) Exhibit' Exhibit Letter to A Z { � .. A Garfield County Unified Land Use Resolution of 2008, as amended B Garfield County Comprehensive Plan of 2000, as amended C Staff Memorandum D Letter Requesting Time Extension from Hayden Rader dated December 11, 2009 E Letter from David Pesnichak to Garfield and Hecht PC stating time extension approved by BOCC dated December 1, 2008 F Draft Resolution BOCC December 21, 2009 MOL PROJECT INFORMATION AND STAFF COMMENTS REQUEST One Year Extension for the Preliminary Plan of Eagle Ridge Townhomes Subdivision APPLICANT / OWNER Eagle Ridge Investment Holdings, LLC REPRESENTATIVE Hayden Rader and Allan Meyer LOCATION West of CR 114 within the Los Amigos Ranch Subdivision PROPERTY SIZE 7.3 acres WATER Red Canyon Water Company SEWER Spring Valley Sanitation District ACCESS County Road 114 EXISTING ZONING PUD (Multi - Family) EXHIBIT Request On December 11, 2009, Staff had a pre - application meeting with Hayden Rader and Allan Meyer who inquired if the Board of County Commissioners (BOCC) could grant a one year time extension for their Preliminary Plan under the Unified Land Use Resolution of 2008. The Eagle Ridge Townhome Preliminary Plan is to expire December 17, 2009 and in order to continue with the project and submit a Final Plat they are requesting an extension. The Applicant anticipates submitting the Final Plat in the near future. Project Background The Eagle Ridge Townhomes Preliminary Plan was conditionally approved by the BOCC on January 21, 2008. On December 1, 2008, the BOCC approved a one year extension for the Preliminary Plan and set December 17, 2009 as the deadline for the submittal of the Final Plat for Eagle Ridge Townhomes Subdivision. Unified Land Use Resolution of 2008 The Board has the authority under Section 4 -103 of the Unified Land Use Resolution of 2008 to grant such requests: Section 4 -103 (G) (8) (a) (1) Conditional Approval. The Board's decision to approve or conditionally approve the preliminary plan, minor exemption, major exemption or rural lands development exemption shall be effective for a period of up to one year or until the final or exemption plat has received a Determination of Completeness pursuant to Section 4- 103(0), Determination of Completeness, whichever occurs first. Prior to expiration of the original approval, the applicant may make a onetime request for an extension of up to one year, upon a demonstration of why the original conditions of approval cannot be met. Eagle Ridge Investment Holdings, LLC 410 20`h Sr., Suite S -1 Glenwood Springs, Co 81601 Ph.: 970- 945 -7062 Fax: 970- 945 -7032 December 11, 2009 Garfield County Building & Planning Dept. / BOCC 108 8`'` St., Suite 401 Glenwood Springs, CO 81601 Ph.: 970. 945.8212 Atten: Fred Jarman / Whom It May Concern. Re: Eagle Ridge Townhome Subdivision / Final Plat Submittal Extension Dear Fred / Whom It May Concern EXHIBIT I would like to request an extension of time for a Preliminary Plat Submittal on the above referenced project, under the new 2008 Garfield County Land Use Regulations. To date I have successfully submitted, completed and been approved for both Sketch Plan and Preliminary Plan Phases of the required Planning Process. However, due to time constraints, 1 am unable to make the Final Plat submittal deadline as prescribed under the previous Land Use Regulations, nor am I able to commit to the financial burden it poses due to the current economy conditions. Please consider this request based of these conditions during your next hearing with the BOCC on December 21, 2009. You may contact me at the number listed above or at: 970- 948 -0699 if you have any questions or comments regarding this request. Hayden Rader a Applicant Western Slope Development Corporation EXHIBIT December 1, 2008 Garfield and Hecht, P.C. do David H. McConaughy The Denver Centre 420 Seventh Street, Suite 100 Glenwood Springs, CO 81601 BUILDING & PLANNING DEPARTMENT Received DEC 0 3 200a G & H Glenwood RE: Preliminary Plan Extension for the Eagle Ridge Townhomes Subdivision Dear Mr. McConaughy, This letter is to inform you that on Monday, December 1, 2008, the Board of County Commissioners approve a 1 -year extension to the Preliminary Plan for "Eagle Ridge Townhomes". The new deadline for submittal of the Final Plat for Eagle Ridge Townhomes is December 17, 2009. Do not hesitate to contact this office should you have any questions. Sincerely, David Pesnichak, AICP Senior Planner (970) 945 -8212 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945 -8212 • (970) 285 -7972 • Fax: (970) 384 -3470 EXHIBIT 3 STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 21th day of December A.D. 2009, there were present: John Martin Mike Samson Tresi Houpt Deborah Quinn Jean Alberico Ed Green (absent) , Commissioner Chairman , Commissioner Commissioner , Assistant County Attorney , Clerk of the Board (absent), County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. A RESOLUTION CONCERNED WITH THE APPROVAL OF AN EXTENSION TO FILE A FINAL PLAT REQUEST FOR THE EAGLE RIDGE TOWNHOME SUBDIVISION TO DECEMBER 17, 2010 PARCEL NO# 2393- 0540 -03 -001 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a request for an extension to file a Final Plat for the Eagle Ridge Townhomes to subdivide a 7.315 acre property up to 48 residential multi- family townhome lots and which the property is described as Lot 1, Filing 1 of the Los Amigos Ranch PUD, Garfield County. B. The subject property is owned by Eagle Ridge Investment Holdings, LLC and located approximately one and a half (1.5) miles east of Highway 82 on County Road 114 and located Section 5, Township 7, Range 88. C. The subject property is located within the Multi- Family Zone District of the Los Amigos Ranch PUD. D. During the regular public meeting of the Board of County Commissioners on the 21st day of December, 2009 upon the question of whether a 1 -year extention to file the Final plat for the Eagle Ridge Townhomes should be approved, approved with conditions or denied, during which meeting the public and interested persons were given the opportunity to express their opinions regarding the request. 1 E. The Board on the basis of substantial competent evidence produced at the aforementioned meeting, has made the following determinations of fact: 1. Proper notice was provided as required for the meeting before the Board of County Commissioners. 2. The meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed preliminary plan has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Conunissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. A 1 -year extension to file the Final Plat for the Eagle Ridge Townhomes Subdivision to December 17, 2010 is hereby approved. Dated this day of , A.D. 20 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN , Aye COMMISSIONER MIKE SAMSON , Aye COMMISSIONER TR1✓SI HOUPT .� 4 4.4 , Aye STATE OF COLORADO } )ss County of Garfield ) 2 I, , County Clerk and ex- officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex- officio Clerk of the Board of County Commissioners 3