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HomeMy WebLinkAbout1.00 Land Use Application Materials November 2022 Submitted on Behalf of: Berkeley Family Limited Liability Limited Partnership 1302 Waugh Drive #684 Huston, Texas 77019 Prepared by: TG Malloy Consulting, LLC 402 Park Drive Glenwood Springs, Colorado 81601 Email: tim@tgmalloy.com P: 970.945.0832 LAKE SPRINGS RANCH COMPRHENSIVE PLAN 2030 – FLUM AMENDMENT Lake Springs Ranch Comprehensive Plan 2030 – FLUM Amendment Application November 2022 LAKE SPRINGS RANCH COMPRHENSIVE PLAN 2030 – FLUM AMENDMENT TABLE OF CONTENTS LIST OF EXHIBITS & FIGURES | PAGE i SUMMARY OF REQUEST | PAGE 1 LIST OF APPLICATION SUBMISSION REQUIREMENTS | PAGE 2 BACKGROUND & PRIOR APPROVALS | PAGE 2 COMPREHENSIVE PLAN AMENDMENT STANDARDS FOR APPROVAL | PAGE 16 SUMMARY | PAGE 29 i Lake Springs Ranch Comprehensive Plan 2030 – FLUM Amendment Application November 2022 LIST OF EXHIBITS Exhibit 1 | Land Use Change Application Form Exhibit 2 | Payment Agreement Form Exhibit 3 | Authorization Letter Exhibit 4 | Ownership and Mineral Rights Research Documents Exhibit 5 | List of Adjacent Property Owners Exhibit 6 | Pre-application Conference Summary Form Exhibit 7 | Vicinity Map Exhibit 8 | 2016 Preliminary Plan Exhibit 9 | Resolution 79-64 Exhibit 10 | 2010 Future Land Use Map Exhibit 11 | 2012 Preliminary Plan Amendment Staff Report Exhibit 12 | 2013 Comprehensive Plan Amendment Staff Report Exhibit 13 | Resolution No. PC-2015-02 Exhibit 14 | Service Districts Map Exhibit 15 | 2012 Spring Valley Sanitation Disctrict Ability to Serve Letter Exhibit 16 | CDPHE 2017 Waster System Plans Review Letter Exhibit 17 | 2018 Zancanella Report (Filing 2 Final Plat) Exhibit 18 | Utility Will-Serve Letters LIST OF FIGURES Figure 1 | Proposed FLUM Amendment Map Figure 2 | LSR Approved Lot Layout and Land Use Pattern Figure 3 | LSR Gross Density Map (1979 – 2012) Figure 4 | LSR Gross Density Map (2012 – Present Day) Figure 5 | 1994 FLUM Figure 6 | 2000 FLUM Figure 7 | 2010 FLUM Figure 8 | 2013 FLUM Figure 9 | 2020 FLUM Figure 10 | Spring Valley Ranch Subdivision Layout - 1 - LAKE SPRINGS RANCH PUD Comprehensive Plan 2030 - Future Land Use Map Amendment SUMMARY OF REQUEST The Applicants are seeking an amendment to the Comprehensive Plan 2030 Future Land Use Map, which was last amended on February 26, 2020. The current future land use designation for the area that includes the Lake Springs Ranch PUD is Residential L (10+ Ac/Du). The Residential L designation is inconsistent with the PUD zoning approvals that were originally granted in 1979 and have been amended several times over the years. To correct this inconsistency, and for the reasons discussed in this application, the Applicants are requesting that the adopted Future Land Use Plan (FLUM) be amended to reflect the approved PUD/Preliminary Plan density for the portion of Lake Springs Ranch located east of CR 114. Figure1 shows the proposed Future Land Use Map amendment. Note that Figure 1 also reflects that all of Lake Springs Ranch west of CR 114 has been conserved. FIGURE 1 Proposed Amended Future Land Use Map Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 2 - LIST OF APPLICATION SUBMISSION REQUIREMENTS • General Application Materials (Section 4-203(B)) • Application Form & Fee: Exhibit 1 (fee submitted with application) • Agreement to Pay Form: Exhibit 2 • Statement of Authority & Authorization Letter: Exhibit 3 • Ownership Documentation & Title Commitment: Exhibit 4 • List of Adjacent Property Owners (within 200 feet) and Mineral Owners/Lessees: Exhibit 5 • Pre-application Conference Summary: Exhibit 6 • Vicinity Map: Exhibit 7 • Cover Letter Including Narrative Describing Purpose of Amendment (provided in the body of this document). BACKGROUND & PRIOR APPROVALS The Lake Springs Ranch PUD Subdivision is located approximately 3.5 miles southeast of the City of Glenwood Springs along County Road 114 (CR 114). The portion of the property which is the subject of this application contains 203.7 acres and includes all the Lake Springs Ranch property on the east side of CR 114 (Subject Property). The Subject Property is part of a larger parcel that includes land on the west side of CR 114. However, the proposed FLUM amendment is limited to the land on the east side of the county road because the land west of CR 114 has been permanently sterilized through a conservation easement, which is held by the Aspen Valley Land Trust (AVLT). No portion of the land, which is the subject of this application, is encumbered by the conservation easement. The Subject Property is owned by the Berkeley Family Limited Liability Limited Partnership (Applicants). Exhibit 7 is a Vicinity Map that shows the general location and configuration of the Subject Property. The Lake Springs Ranch PUD/Subdivision has a long entitlement history which begins in 1979 when the original PUD zoning was approved (BOCC Resolution No. 79-64). Since that time, the PUD Zoning and Preliminary Plan have been amended several times including as recently as 2016. The original approval was for 194 dwelling units on 442 acres for a gross density of 2.28 Ac/Du (.44 Du/Ac). Between the Applicants’ conservation efforts and amendments to the preliminary plan approvals, the developable portion of the property has been reduced from 459.4 acres to the 203.7- acre Subject Property. The Preliminary Plan for this portion of the Lake Springs Ranch PUD, which was last reviewed and approved by the County in 2016, contains 92 dwelling units, including 84 single-family lots, and eight affordable housing units to be located on a muti-family tract (Tract A), as well as substantial open space areas. The approved layout and land use pattern for the Subject Property are depicted on Figure 2 (also see Exhibit 8 for approved Preliminary Plan). Under the current PUD/Preliminary Plan, the gross density of the Subject Property is 2.21Ac/Du (.45 Du/Ac), which is similar Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 3 - to the density established for the entire Lake Springs Ranch property when the subdivision was originally approved. FIGURE 2 Subject Property Approved Lot Layout and Land Use Pattern The Applicants recently met with County staff to discuss amending the phasing plan for the remaining developable portion of Lake Springs Ranch and were informed that the County would also want them to amend the Preliminary Plan to remove any lands which have been sterilized through conservation easements and that these changes would be considered a “substantial modification” to the PUD/Preliminary Plan. Section 6-203(c)(1) of the Garfield County Land Use and Development Code (LUDC) identifies compliance with the Comprehensive Plan (including the FLUM) among the criteria for consideration of a substantial modification to a PUD/Preliminary Plan. Since the current FLUM shows the recommended future land use for the Subject Property as Residential L (10+ Ac/Du), which is substantially less than the density approved for the Lake Springs Ranch PUD, the Applicants are now compelled to seek the proposed amendment to the FLUM. Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 4 - The Applicants have chosen to seek the amendment to the FLUM in advance of the PUD/Preliminary Plan amendment to expedite the review process and to obtain feedback from the County regarding conformance with the FLUM prior to incurring the substantial cost associated with the PUD/Preliminary Plan amendment process. The Applicants are seeking the requested FLUM amendment with the understanding that the subsequent PUD/Preliminary Plan Amendment application will be evaluated for compliance with the adopted FLUM, and that the project’s density will be calculated without the benefit of the conserved land on the west side of CR 114 since that land will no longer be part of the PUD. However, in the context the Applicants’ request to amend the FLUM, it’s important to consider the density of the remaining residential units relative to the acreage of the entire Lake Springs Ranch property. This provides an understanding of the true value of the Applicants’ conservation and land planning efforts over the years and helps demonstrate why the requested amendment to the FLUM is reasonable and appropriate. Figures 3 and 4 provide a comparison of the gross density for Lake Springs Ranch PUD when it was originally approved versus today, assuming we include the land that was sterilized through conservation easement in the overall density calculation for both scenarios. FIGURE 3 Lake Springs Ranch PUD Gross Density (1979-2012) Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 5 - FIGURE 4 Lake Springs Ranch PUD Gross Density (2012-Present Day) These maps show that when we consider the overall acreage of the Lake Springs Ranch PUD, the development density has been reduced by more than half through the combined effect of conserving 256 acres, including 110 free-market lots, and adding land to the property through land swaps with adjoining landowners. However, even with this dramatic reduction in units and density, the Subject Property would still not comply with the recommended density of the current FLUM. Sterilizing the land and eliminating the free-market lots was done despite the Applicants significant investment in the Spring Valley Sanitation District (SVSD), both through the acquisition of sewer taps and by allowing the installation of sewer main and outflow pipelines through the property. The SVSD was established for the purpose of protecting the ground water in Spring Valley, while accommodating greater density on the lands located within the District boundaries, which include the CMC property as well as the Elk Springs, Lake Springs Rach, and Spring Valley Ranch subdivisions. The maps above also illustrate how the Applicants land planning and conservation efforts over the years align with the broad intent of the Future Land Use Chapter of the Comprehensive Plan, as expressed in the vision statement (excerpt below). Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 6 - VISION FOR GARFIELD COUNTY: Garfield County is dedicated to managing and directing growth to dedicated Urban Growth Areas and other areas that can accommodate growth cost effectively, in order to create thriving communities while promoting a diverse, sustainable and healthy economy, protecting wildlife, maintain or improving the quality of our natural environment, and preserving the county’s rural and western heritage. Past comprehensive plans have acknowledged existing utility districts, like the Spring Valley Sanitation District, as being among the “other areas that can accommodate growth cost effectively.” Garfield County Future Land Use Map History (Partial) The FLUM has been revised several times since the Lake Springs Ranch Subdivision was originally approved. The following is a summary of the evolution of the future land use designations for Lake Springs Ranch since 1994, based on maps provided by the Community Development Department. We would note that several of the historic future land use maps are difficult to read. The Applicants requested the best quality copies of these maps from the Community Development Department and were told that the maps depicted in this application were the best versions available. The Lake Springs Ranch property has been identified with a red outline on each of the maps for reference. 1994 FLUM: Figure 5 is the 1994 FLUM for the area that includes Lake Springs Ranch, which is in the upper left corner of the map. The Lake Springs Ranch property is included in the “Subdivision” land use district on this map. This district was intended to recognize existing subdivisions and their approved uses, densities and restrictions as being the recommended future land use. Lake Springs Ranch had already been granted PUD zoning approval at this time and the allowed uses, density, setbacks, and other dimensional requirements we’re specified in Resolution 79-64 (Exhibit 9). 2000 FLUM: Figure 6 is an excerpt from the 2000 FLUM showing the area that includes Lake Springs Ranch. Although this map is difficult to read due the poor quality of the reproduction and the use of similar shades of yellow and light green, it appears that Lake Springs Ranch is also identified as “Subdivision” on this map. Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 7 - FIGURE 5 1994 Future Land Use Map Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 8 - FIGURE 6 2000 Future Land Use Map 2010 FLUM: The 2010 Comprehensive Plan was a major update of the prior plan and included significant revisions and new topics, including significant changes to the FLUM. The 2010 FLUM, an excerpt of which is provided in Figure 7, is even more difficult to read than the 2000 FLUM. This figure shows the portion of the map that incudes Lake Springs Ranch significantly enlarged to make it somewhat easier to see. The full 2010 FLUM is also included as Exhibit 10 of this application for context. The readability of this map, relative to the Lake Springs Ranch property, is complicated by the fact that the map Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 9 - shows two overlay patterns: one for the conserved portion of the property, and one showing the Spring Valley Sanitation District. Even with these overlays, the color shown for Lake Springs Ranch is more orange than the adjacent Spring Valley Ranch to the north and Elk Springs Subdivision to the east, both of which are also include in the Spring Valley Sanitation District. The orange color corresponds to the “Residential MH (2 to < 6 Ac/Du)” future land use category. Due to the difficulty of reading the 2010 FLUM, the Applicants sought an interpretation from the Community Development Department staff during the preparation of an application to amend the PUD zoning and Preliminary Plan which was processed in 2012. The Community Development Department staff confirmed the “Res MH” designation at that time, which is corroborated in the February 8, 2012, staff report prepared for that review (Exhibit 11). The following excerpt from that staff report addresses compliance with the Comprehensive Plan. “Section 7-102 General Conformance with Comprehensive Plan and Intergovernmental Agreements Staff Response: Compliance with the Garfield County Comprehensive Plan 2030 is as follows: Future Land Use: The current Comprehensive Plan (Plan) directs growth toward the dedicated urban growth areas of existing municipalities. The Plan also acknowledges the existence of a number of major rural subdivisions, like the Lake Springs Ranch PUD, and suggests that such developments are better off when they are more self-sufficient and located in areas where services and utilities are available through special districts. This subdivision is located within and shall be served by several districts including the Spring Valley Sanitation District and the Carbondale and Rural Fire Protection District. The subject property is designated Residential Medium High on the current Future Land Use Map with a density range of 2 to < 6 Ac/Du. The amended PUD Zone Plan proposes 212 units on 459.38 acres. The density of the development is one dwelling unit for 2.17 acres which complies with the density range specified.” This excerpt not only confirms the “Res MH” future land use designation for Lake Springs Ranch, but it also reiterates the general policy, which had been included in prior comprehensive plans, acknowledging the existence of major rural subdivisions being more appropriate when they are located within areas where services and utilities are available through special districts, as is the case for Lake Springs Ranch. This interpretation is also consistent with the intent of the changes made to the 2010 FLUM, as determined by a review of the Planning Commission meeting minutes and audio recordings for the November 3, 2010, and November 10, 2010 Planning Commission meetings where the draft Comprehensive Plan was reviewed and adopted. Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 10 - FIGURE 7 2010 Future Land Use Map The primary change to the FLUM that occurred with the 2010 update of the Comprehensive Plan, addressed residential density in the Colorado River Valley portion of the County (area west of Glenwood Springs). Prior to the 2010 amendment, a significant portion of the land within the Colorado River Valley was designated “Outlying Residential” with a density of 1 dwelling unit per 2 acres, while in the Roaring Fork Valley the comparable category was “Residential Medium High” with a density range of 1 dwelling unit per 2 to <6 acres. The Outlying Residential category was deemed to be problematic for a number of reasons and the FLUM was amended to change the lands so designated to “Residential Medium High.” In addition, the recommended density for the Res MH category was changed by the introduction of a sliding scale based on the degree of “clustering” associated with a specific development proposal. For example, the sliding scale allowed development at the higher density (1 Du/2 Ac) when a proposed development contained 70 percent open space. As a result of this change, the future land use designation for Lake Springs Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 11 - Ranch was changed from “Subdivision” to “Residential Medium High” since this was the category that most closely reflected the density that had been approved though the PUD zoning. 2013 FLUM: The 2013 FLUM is the first time Lake Springs Ranch shows up with the “Residential Low (10+ Ac/Du)” future land use designation (see Figure 8). This version of the FLUM also shows a small corner of Lake Springs Ranch as “Residential Medium (6 to 10 Ac/Du)” on this FLUM. This is probably the result of the GIS Department not yet being aware that this corner had been added to Lake Springs Ranch from the adjacent Nieslanik property in December of 2012. The 2013 FLUM also shows the Conservation Easement and Water and Sewer District overlays as were shown on the 2010 FLUM (Figure 7). According to the Community Development Department staff report prepared for the October 9, 2013 P&Z meeting where the 2013 FLUM was adopted (see Page 1 of Exhibit 12), the intent of the amendment process was to update the FLUM to revise the urban growth boundaries for the towns of Silt and Carbondale; to update the text to address changes that had occurred in the Land Use and Development Code; and to correct grammatical and spelling errors in the 2010 version of the Comp Plan. The Applicants have reviewed the staff report, meeting minutes and audio for the October 9, 2013, Planning Commission meeting. A redlined version of the Draft Comprehensive Plan, which was provided to Planning Commission members for the October 9th meeting, was also reviewed. There is no indication in these documents that any change to the future land use designation for Lake Springs Ranch was discussed or authorized. In fact, it would appear from the available documents, that there were no changes contemplated to the FLUM other than those associated with the UGB areas near Slit and Carbondale. Nor was there any change to the descriptions or recommended densities for any of the residential future land use categories. Based on the available information, it would appear that the change made to the future land use designation for Lake Springs Ranch shown on the 2013 FLUM may have been made in error and without any specific direction to do so from the Planning Commission. We would note that the links to the redlined version of the draft 2013 Comprehensive Plan available on the County’s website include two links to the same section of the document (pages 68 through 74) and no link to the section that contains pages 46 through 67. However, pages 46 through 67 cover plan element topics that are unlikely to be of any relevance to the FLUM changes which are the subject of this application. Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 12 - FIGURE 8 2013 Future Land Use Map Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 13 - FLUM Changes Since 2013: There have been several amendments to the FLUM since the October 9, 2013, adoption of the 2013 FLUM shown in Figure 8 above. In 2015, two changes were made to the FLUM pursuant to Resolution PC-2015-02 (Exhibit 13). One of these is a change to the future land use designation for several parcels located east of Rifle along the north side of I-70. The other is a collection of changes to the UGB around the City of Glenwood Springs. None of these changes affect Lake Springs Ranch. Additional changes were made with the most recent update to the Comprehensive Plan, which was adopted on February 26, 2020. The only relevant change was that a small corner of the Lake Springs Ranch property, which had been designated Res M (6 to 10 Ac/Du), was changed to Res L (10+ Ac/Du). This change was likely done to bring this area, which was added to Lake Springs Ranch through a lot line adjustment in 2012, into conformance with the rest of the Lake Springs Ranch property. While this revision was not specifically discussed during the Planning Commission meetings where proposed changes to the FLUM were reviewed and approved (January 22, 2020; February 12, 2020; and February 26, 2020), the staff memo for the January 22nd meeting included generic recommendations to “correct mapping anomalies.” Since this change would make the future land use designation for this corner consistent with the rest of Lake Springs Ranch, it could be characterized as a mapping anomaly. Another change of note is that the CMC property to the south of Lake Springs Ranch was changed to the “Institutional” category, a designation that was created with the 2020 Comprehensive Plan Update. The current FLUM for the area that includes Lake Springs Ranch is shown in Figure 9 below. A comparison of this map with the 2013 FLUM (Figure 8) confirms that there have been no major changes to the future land use pattern in the Spring Valley area, other than the change to the CMC parcel. Note that the color palette was changed for the new FLUM. Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 14 - FIGURE 9 2020 Future Land Use Map Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 15 - Lake Springs Ranch Entitlements Chronology The following list provides a chronological summary of the Applicants’ and their predecessors’ efforts over the last four decades to establish and maintain the land use approvals necessary to preserve the viability of the Lake Springs Ranch PUD, while pursuing a phased program of conserving the land on the west side of CR 114 (256 acres) for open space, agriculture, wetland preservation, and wildlife habitat purposes. In the course of pursuing the approvals listed below, the Applicants have complied with all applicable County codes and standards and with every request made of them by the County. For most, if not all these approvals, the County found the Lake Springs Ranch PUD to be in general conformance with the adopted Comprehensive Plan. It’s worth noting that the last five approvals were granted after the adoption of the 2013 Comprehensive Plan, which changed the future land use designation to Res L and made the approved Preliminary Plan inconsistent with the adopted Future Land Use Map. • June 18, 1979: BOCC approves PUD Zoning for Lake Springs Ranch (Resolution No. 79-64). Zoning allows 195 single-family residential lots, 3 multi-family residential cluster housing units and Agricultural Reserve/common area parcels. • December 10, 1979: BOCC approves modification to the PUD Zoning for Lake Springs Ranch (Resolution No. 79-153). Change reduces single-family residential lots from 195 to 194, adds 1 multi-family residential cluster housing parcel and retains Agricultural Reserve/common area parcels. • November 12, 2002: BOCC approves initial Preliminary Plan for Lake Springs Ranch PUD (Resolution No. 02-109). Preliminary Plan includes 194 single-family residential lots, 4 multi-family residential cluster housing units and Agricultural Reserve/common area parcels. • August 2003: BOCC approves extension of the time to file the first Final Plat to November 12, 2004. • September 7, 2004: BOCC approves modification to the PUD Zoning for Lake Springs Ranch PUD allowing the first Final Plat required by the PUD plan to contain not less than 10% of the 194 single-family residential lots (Resolution No. 2004-110). • December 6, 2004: BOCC approves Filing 1 Final Plat (Reception No. 664629). • September 4, 2012: BOCC approves Preliminary Plan and PUD amendments (Resolution 2012-80). The amended preliminary plan includes 118 single-family lots and 18 multi-family units, which reflects the number of lots remaining after a portion of the Lake Springs Ranch PUD had been sterilized through conservation easements. The PUD amendment modified the PUD zoning adding the existing sod farm as a permitted use in the Residential/Single-Family (R/SF) zone district and creating a new zone district called Agricultural Preserve (AG/P), which encompassed the lands contained in the Agricultural Reserve area established in the original PUD (Resolution No. 79-64). Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 16 - • April 15, 2013: BOCC approves a one-year extension of the time to file a final plat pursuant to the Amended Preliminary Plan of Lake Springs Ranch PUD (Resolution 2012-80) to April 16, 2014. • March 24, 2014: BOCC approves a further two-year extension of the time to file a final plat pursuant to the Amended Preliminary Plan of Lake Springs Ranch PUD (Resolution 2012-80) to April 16, 2016. • April 11, 2016: BOCC approves Preliminary Plan and PUD zoning amendments (Resolution Nos. 2016-35 and 2016-36). • April 3, 2017: BOCC approves an extension of the time to file a final plat pursuant to the Second Amended Preliminary Plan of Lake Springs Ranch PUD (Resolution 2016-35) to April 11, 2018. • June 4, 2018: BOCC approves Filing 2 Final Plat (Resolution No. 2018-31 - Reception No. 907522). • February 16, 2021: BOCC approves vacation of Final Plats for Filings 1 and 2 of Lake Springs Ranch PUD (Resolution No. 2021-07 - Reception #: 950664). COMPREHENSIVE PLAN AMENDMENT STANDARDS FOR APPROVAL The following standards for review of a requested amendment to the Comprehensive Plan are taken from Chapter 4 of the current Garfield County Comprehensive Plan 2030. The actual text from the Plan is highlighted in bold followed by the Applicant’s response. Standards for the approval of a plan amendment shall demonstrate that the proposed text or designation addresses errors in the Future Land Use Map (FLUM) or Comprehensive Plan or meets the following criteria: 1. The existing Comprehensive Plan and/or any related element thereof is in need of the proposed amendment. Response: The proposed amendment is a change to the Future Land Use Map for the portion of the Lake Springs Ranch property located east of CR 114 (see Figure 1). The Applicants are not seeking amendments to any related element, policy or strategy of the Comprehensive Plan. The future land use designation for Lake Springs Ranch, Res L (10+ Ac/Du), is inconsistent with PUD/subdivision approvals that were originally granted by the County in 1979 and have been amended on numerous occasions since then, including as recently as 2016. Up until 2013, Lake Springs Ranch had been designated either “Subdivision” or Res MH (2 Ac/Du to <6 Ac/Du). During the 2013 update of the Garfield County Comprehensive Plan, the future land use designation for Lake Springs Ranch was changed to the Res L category. The Applicants believe that this may have been done without the benefit of a full review of the information and history related to the Lake Springs Ranch property and without the Applicants being able to comment on the Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 17 - proposed change at the time the FLUM was amended. As discussed in the FLUM History section of this application, it may also be the case that the FLUM designation for Lake Springs Ranch was altered errantly and without specific direction from the Planning Commission to do so. We acknowledge that proper public notice may have been provided during the process of updating the Comprehensive Plan in 2013. However, the documentation and public review process for the recommended changes to the FLUM, specifically the change associated with Lake Springs Ranch, were sufficiently vague and/or confusing to prevent the Applicants from understanding the exact nature of the FLUM amendment being proposed at that time and how that amendment might affect their property rights. This situation was made more complicated by the fact that the Applicants spend most of the year in Mexico, running a remote medical clinic, making it difficult for them to be fully engaged in the comprehensive plan amendment process. The full impact of the current future land use designation came to light when the Applicants met with County staff to discuss amending the phasing plan for the Subdivision. During that meeting, the Applicants’ representatives were informed that the County would also want them to amend the PUD zoning and Preliminary Plan to eliminate any lands that have been sterilized through conservation easements and that the changes would be considered a substantial modification. Since one of the criteria for consideration of a substantial modification to a PUD/Preliminary Plan is general conformance with the adopted Comprehensive Plan, the Applicants must now seek the proposed FLUM amendment. Most importantly, the Applicants question the logic of the Res L designation for Lake Springs Ranch when considered in the context of the surrounding area. Figure 10 helps illustrate this point and shows the boundaries of the existing fire districts and Spring Valley Sanitation District over the future land use layer from the current Comprehensive Plan. Consider that there is a large area to the east of Lake Springs Ranch, which has the higher density Res M (6 to 10 Ac/Du) future land use designation but is not located within the Spring Valley Sanitation District and a significant portion of this land is also outside of any fire district. In addition, vehicular access to this area utilizes CR 115 to CR 114 since this is by far the shortest route to Highway 82. These lands are also further from the densely developed areas along Highway 82 and from the City of Glenwood Springs than is Lake Springs Ranch. Similarly, the land along CR 119 to the northeast of Lake Springs Ranch is also designated Res M but is not within the Sanitation District nor any fire district. While this land is geographically closer to Highway 82 and the City of Glenwood Springs, its more remote from a vehicular access standpoint since the primary access relies on CR 114 due to the treacherous nature of the lower portion of Red Canyon Road (CR 115). Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 18 - FIGURE 10 Service Districts & Future Land Use Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 19 - In addition to these factors, none of these parcels have long-standing PUD/Preliminary Plan approvals that specify the allowed density and uses as does Lake Springs Ranch. Spring Valley Ranch, which is within the Spring Valley Sanitation District, but is outside of any fire district, does have subdivision and PUD zoning approvals. However, the gross density of Spring Valley Ranch is consistent with the Res L future land use designation since the approvals contemplate 577 units over 5,950 acres or 10.3 Ac/Du. From the standpoint of logical and orderly development, if the adjacent lands are appropriate for the Res M designation, then the Subject Property should be appropriate for an even higher density designation since it’s within both sanitary sewer and fire districts, is closer to Highway 82 and the City of Glenwood Springs and has more convenient vehicular access. In addition, Lake Springs Ranch has been planned and approved for higher density development for many years and the Applicants have made significant investments in the engineering and infrastructure for development of the land in reliance on the approvals granted by the County. The proposed Res MH designation is the category that most closely corresponds to the density contemplated in the PUD/Preliminary Plan approvals and is the next higher density category (higher than the Res M category designated on the adjacent lands) available in the Comprehensive Plan. For these reasons, and the others identified throughout this application, the Applicants believe that the FLUM is in need of the requested amendment. 2. Strict adherence to the Plan would result in a situation that is either unintended, or does not allow for consistency with other key elements and policies of the Plan. Response: Strict adherence to the current FLUM would reduce the number free- market lots on the Subject Property from 84 to 20. This would result in a corresponding reduction in the number of affordable housing units from 8 to 2. The Housing section of the Comprehensive Plan identifies a shortfall of 3,600 housing units in the County and indicates that this shortfall is projected to increase over the coming decade. To address this issue, the Housing section includes the following policy statements: Policy 1: ensure that current land use planning objectives promote affordable housing. Strategies: iv. Explore allowing additional dwelling units on large property holdings consistent with Comprehensive Plan densities for deed-restricted housing. (Garfield County Comprehensive Plan 2030 – 2020 Update, Pg. 30) These policies support the Applicants request to revert the future land use designation back to the Res MH category, since it would allow more housing units in an area that provides the infrastructure to accommodate higher density development and would avoid the loss of six affordable housing units. Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 20 - The Housing section also includes the following issue statement: “8. The current development approval process requires a substantial up-front expenditure for developers, yet lacks any certainty that their project will be approved. This is a disincentive to the market playing a role in addressing the need for workforce housing.” (Garfield County Comprehensive Plan 2030 – 2020 Update, Pg. 29) The change to the future land use designation for Lake Springs Ranch, which occurred during the 2013 Comprehensive Plan update, is a perfect example of how the County’s land use and planning documents can undermine existing land use and subdivision approvals and create uncertainty and distrust among large tract landowners. The Applicants have worked hard over the years, and expended substantial funds, to maintain the status of the land use approvals for Lake Springs Ranch and to comply with County codes and requirements. Strict adherence to the future land use designation identified on the current FLUM would undermine those efforts. We hope the County will confirm that this is unintended by approving the requested FLUM amendment. Strict adherence to the current FLUM would also reduce the number of potential housing units located up valley of Glenwood Springs, which is contrary to the following issue statement contained in the Transportation section of the Comprehensive Plan. “1. Significant numbers of county residents commute from the Colorado River Valley to employment in the Roaring Fork Valley. This forces a significant amount of traffic through Glenwood Springs which is seeing increased traffic congestion on Highway 82. As more housing is built in Garfield County commute times are expected to increase. Longer commute times have negative impacts economically, environmentally, and to the quality of life of many citizens of the county.” (Garfield County Comprehensive Plan 2030 – 2020 Update, Pg. 33) The Transportation section also includes the following policies: Policy 3: Explore options to address transportation and access issues. Strategies: iii. Explore mechanisms for the county to address increased traffic from new development. iv. Work with CDOT to help address traffic congestion on SH-82. Higher density is more likely to generate more traffic (in excess of 20% threshold) and more revenue to allow improvements at CR 114/Hwy 82 intersection. (Garfield County Comprehensive Plan 2030 – 2020 Update, Pg. 35) Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 21 - Improvements to CR 114 are required in association with the current Preliminary Plan approvals for Lake Springs Ranch. Chief among these is the rerouting of CR 114 around the pond to soften the curves and improve safety along this segment of the road. Paying for these improvements is made possible by the additional revenue associated with the higher density contemplated in the Preliminary Plan approvals. Strict adherence to the Res L designation would dramatically reduce the number free-market lots and the associated revenue. Similarly, at only 22 units, the traffic generated under the current FLUM would not exceed the threshold for a CDOT access permit and would likely eliminate, or dramatically reduce, any contribution the Applicants might otherwise make to the improvements at the CR 114/Highway 82 intersection. Strategy iv of the Transportation section acknowledges that higher density has some advantages, especially when it occurs in an area where the infrastructure exists to accommodate it, as in the case of Lake Springs Ranch. The Recreation, Open Space and Trails section of the Comprehensive Plan includes the following polices which are relevant the Applicant’s FLUM amendment request. “5. Acquisition of open space (land and/or easements) is the surest method of compensating landowners fairly.” “7. Garfield County does not currently have an open space and/or trails program.” (Garfield County Comprehensive Plan 2030 – 2020 Update, Pg. 43) The Applicants relied on the higher density designated for the property on prior FLUMs (prior to 2013) when they embarked on a years-long program of conserving the lands located on the west side of CR 114 for agriculture, open space, wetland preservation and wildlife habitat purposes. Reducing the allowed density on the remainder of the property by strictly adhering to the current FLUM would be unfair to the Applicants and a disincentive to other landowners who might be considering conserving their property in the future. 3. The proposed FLUM amendment is compatible with the surrounding area, and the visions, policies and strategies of the Plan. Response: The proposed change to the FLUM acknowledges a use for which County approvals have been in place for more than 40 years. The property is located to the east of the Elk Springs Subdivision and immediately to the south of the Spring Valley Ranch Subdivision, both are large rural residential subdivisions containing lots of a similar size to those contemplated on the Lake Springs Ranch property. The Elk Springs Subdivision has been partially developed. Spring Valley Ranch has received preliminary plan approval for the entire property and final plat approval on one or more open space parcels. Figure 10 shows the Spring Valley Ranch subdivision layout, for which preliminary plan approval has been granted. The subdivision includes approximately 577 dwelling units on 5,950 acres. Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 22 - FIGURE 10 Spring Valley Ranch Subdivision Layout CMC owns the parcel immediately to the south of Lake Springs Ranch. The CMC parcel contains approximately 540 acres and is designated “Institutional” on the current FLUM. The paragraph below is an excerpt from the Garfield County Comprehensive Plan which provides a description of the intended uses for lands designated Institutional. Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 23 - “Major public, quasi-public, institutional and civic uses such as schools, community colleges, and major health service facilities/hospitals. May include residential uses for employees of the business/entity, such as live work and employee housing.” (Garfield County Comprehensive Plan 2030 – 2020 Update, Pg. 19) The existing CMC Spring Valley Campus is located toward the south end of the CMC property and is just over one-half mile south of Lake Springs Ranch. The campus is currently undergoing expansion. The CMC property is also home to the Colorado Animal Rescue (CARE) facility and the Veterinary Technical Center and Teaching Hospital. The Spring Valley Sanitation District’s wastewater treatment plant is also located on CMC land as is the new solar complex which is nearing completion. These facilities are located just south of the main campus area. The solar complex will be the largest solar array and battery storge facility in Colorado and is tied to Holy Cross Electric’s distribution system, making renewable energy available to the Lake Springs Ranch subdivision. The Pinyon Pines and Auburn Ridge apartment complexes are also located adjacent to the CMC Campus. Perhaps the most important characteristic distinguishing Lake Springs Ranch from other adjacent properties, such as the Nieslanik Ranch and the nearby Homestead Estates and High Aspen Ranch developments, is that Lake Springs Ranch is located entirely within the Spring Valley Sanitation District and the Carbondale and Rural Fire Protection District. The Sanitation District was formed to accommodate development at higher densities than the surrounding area. As shown on Exhibit 14, the Sanitation District contains the CMC Campus, Lake Springs Ranch, Elk Springs, and Spring Valley Ranch Subdivisions. The Applicants entered into a Pre-Inclusion and Wastewater Treatment Plant Development Agreement with the Spring Valley Sanitation District on December 15, 1999 and paid approximately $400,000 to the District as prepayment (reservation) for taps for 112 EQR’s. Additionally, the Applicants made quarterly Operational Reserve Fee payments to the District that over a 20-year-period totaled more than $140,000. During the Preliminary Plan Amendment review in 2012, the Sanitation District confirmed that it had adequate capacity in its wastewater treatment plant to serve the Lake Springs Ranch PUD (Exhibit 15). Since that time, the total number of residential units planned for the subdivision has been reduced from 135 to 92. In addition, sewer mains and outflow lines have been installed through the Lake Springs Ranch property to serve Lake Springs Ranch and Spring Valley Ranch. The Applicants incurred substantial cost in anticipation of developing the Subject Property at the density for which preliminary plan approval has been granted and which, up until the 2013 Comprehensive Plan amendment, was consistent with the recommended density on the Future Land Use Map. The current Comprehensive Plan continues to pursue the following major theme related to future land use, which had been included in the previous Plan. Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 24 - “Most new growth should occur in areas that have, or can easily be served by, urban services.” (Garfield County Comprehensive Plan 2030 – 2020 Update, Pg. 9) As stated elsewhere in this application, the County has historically acknowledged the lands within Spring Valley, especially those included within both the Spring Valley Sanitation and Carbondale and Rural Fire Protection Districts, as having urban services available. This is reflected in the numerous approvals granted for Lake Springs Ranch over the years (see list of approval resolutions earlier in this application). The Future Land Use Chapter of the Comprehensive Plan acknowledges that… “there are several areas of urban development in the unincorporated county which are served by established metropolitan service or special districts. In these areas, relatively higher density development to serve workforce housing needs should be considered.” (Garfield County Comprehensive Plan 2030 – 2020 Update, Pg. 24) It’s clear from this and other statements in the Comprehensive Plan that the proposed FLUM amendment generally conforms to the vision and intent of the Plan. Other aspects of the vision, policies and strategies contained in the Comprehensive Plan are addressed in the other review criteria in this application. 4. The proposed FLUM amendment will have no major negative impacts on transportation, services, and facilities. Response: Given the rural location of Lake Springs Ranch, there are few transportation facilities or services that would be affected by the proposed FLUM amendment. There is no regular bus service or related facilities in the Spring Valley area and there are no commuter trails or other non-auto-oriented transportation services or facilities in the area. Theoretically, the additional population associated with the approved Lake Springs Ranch density would result in a nominal increase in ridership on the RFTA regional bus service. However, an exact estimate of the increase is difficult to determine given the numerous factors that influence whether people use transit. RFTA conducted a Regional Travel Patterns Study (RTPS) in 2014 which, despite being eight years old, provides some insight on transit ridership in the Roaring Fork Valley. For example, the number of people who work from home has been increasing, especially since the 2019 COVID pandemic. In 2014, 7% of people worked from home three or more days a week. Presumably, this number increased dramatically after 2019. Another factor to consider is the number of people who work in the community where they live as opposed to commuting elsewhere for their job. In 2014, 68% of Glenwood Springs workers both live and work in and around Glenwood. Also, according to the RTPS, approximately 75% of Glenwood Springs workers either drove alone or carpooled to work during the winter months. Only 8% of Glenwood Springs workers use the Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 25 - bus for their commute during the winter. These numbers change during the summer to 59% drive/carpool and 21% ride the bus. Based on these factors, the increase in population associated with the proposed FLUM amendment would result in a very small increase in RFTA ridership. Since the RFTA service is funded primarily through sales and property tax revenues and bus fares, the cost to the system associated with the increased ridership would be at least partially offset by additional sales tax revenue and bus fares paid by the additional Lake Springs Ranch residents (Garfield County does not contribute funds from property tax revenue to RFTA). Based on these factors, it’s reasonable to state that the proposed FLUM amendment would not have a significant impact on RFTA service. The most significant impact of the proposed FLUM amendment to transportation facilities would be to the road system. The proposed FLUM amendment reflects the residential density which has been contemplated for Lake Springs Ranch for many years. Roadway impacts were addressed during prior preliminary plan amendment and final plat reviews. The Applicants provided traffic impact reports for those reviews and the approval documents include conditions related to roadway and intersection design, as well as road impact fees and other measures to mitigate the impacts of traffic generated by the project. As stated previously, the conditions addressing traffic impacts in the 2016 Preliminary Plan approval documents are based on 135 dwelling units, this number has since been reduced to 92 units through conservation easements. The preliminary plan approvals for Lake Springs Ranch require widening of the right-of-way easement for CR 114 to 80 feet, as well as other improvements to the roadway, including altering the roadway alignment in the area of the pond to address safety issues along this segment of CR 114. In addition, future final plat filing(s) for the Subdivision will require that an access permit application be submitted to the Colorado Department of Transportation (CDOT). If an access permit is mandated, improvements at the CR 114/Hwy 82 intersection will be required by CDOT. While it’s true that development at the density contemplated in the preliminary plan approvals for Lake Springs Ranch will contribute traffic to the adjacent roads, some of these improvements have been identified as being needed to address issues that currently exist, regardless of whether Lake Springs Ranch is ever developed. The higher density associated with the Lake Springs Ranch Preliminary Plan approvals generates additional revenue which allow a developer to contribute to the improvement of CR 114. Therefore, the proposed FLUM amendment will support improvements to the roadway system, which would be more difficult to achieve if development of the property were limited to the density allowed under the current FLUM. Impacts related to other non-transportation/roadway facilities are address in criteria five below. Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 26 - 5. The proposed FLUM amendment will have minimal effect on service provision, including adequacy or availability of facilities and services, and is compatible with existing and planned service provision. Response: As stated previously, Lake Springs Ranch is located within existing sanitary sewer and fire protection districts and the Applicants have paid the fees required for inclusion in these special districts. The Applicants have also allowed the installation of sewer main pipelines through the property to accommodate service, not only for the contemplated density associated with Lake Springs Ranch, but for the future development of the Spring Valley Ranch PUD as well. In addition, the outfall line that returns treated water from the treatment plant to the ground water system, also runs through Lake Spring Ranch. During prior preliminary plan reviews for Lake Springs Ranch, the Carbondale and Rural Fire Protection District provided comments regarding the Subdivision’s compliance with the International Fire Code and all suggested modifications were incorporated into the subdivision layout and planned water system. Domestic water will be provided via a central water system, the engineering plans for which have been reviewed by the County on multiple occasions including the 2012 Preliminary Plan Amendment; 2015 Preliminary Plan Amendment; and 2018 Filing 2 Final Plat. The plans have also been reviewed by the State of Colorado Department of Public Health and Environment (CDPHE). In June of 2017, the CDPHE provided a letter summarizing their findings after reviewing the engineering plans for the water system during the Filing 2 Final Plat review process (Exhibit 16). The following is an excerpt from that letter. “The Colorado Department of Public Health and Environment (Department), Water Quality Control Division, Engineering Section has received and reviewed the Final Plans and Specifications for the Lake Springs Planned Unit Development in accordance with Section 11.4(1)(b) of the Colorado Primary Drinking Water Regulations (Regulation11). The design meets or exceeds the requirements of the State of Colorado Design Criteria For Potable Water Systems (Design Criteria) and is hereby approved.” The water source for the central water system is two legal wells (Lake Springs Ranch Wells D and E) that have been drilled and pump tested. Augmentation for these wells is provided via a water allotment contract with The Basalt Water Conservancy District (Water Allotment Contract No. 292), which was executed in 1997. The Applicants have paid an annual contract fee to the Basalt Water Conservancy to maintain the allotment contract. The fee, which was based on the density associated with the approved PUD/Preliminary Plan (198 Undeveloped Equivalent Units), has cost the Applicants over $175,000 over the intervening 25 years. Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 27 - The water from these wells has also been tested and found to meet all applicable standards for domestic use. The pump test and water quality reports for the wells were provided to the County for the 2018 Filing 2 Final Plat review (Exhibit 17). The report, prepared by Zancanella and Associates, includes the following summary statements regarding the wells and their ability to serve development at Lake Springs Ranch. Note that at the time this report was prepared the subdivision still included 135 residential units. Presumably, the conclusions expressed in the report are even more true for the remaining 92 units associated with the land which is the subject of the proposed FLUM amendment. “The water demands of the Lake Springs Ranch PUD will be satisfied by two wells, Well D and Well E. Our previous reports to the County dated June 28, 2001, May 7, 2002, and March 25, 2010 confirmed that the two wells are legally entitled to produce water sufficient to meet the needs of 198 EQRs under the Basalt Water Conservancy District contract approved in Case No. 95CW078. All of the Lake Springs Ranch Wells A-E are covered by one Basalt District Contract up to 450 gpm and consumptive use of 66 acre feet.” “The previous reports stated that, although Well D is capable of producing water of sufficient quantity and quality to meet the needs of 198 EQRs on its own, a second well (Well E) would be constructed as a backup well. Well E has now been constructed, tested at 220 gpm and is being used for supplemental irrigation purposes. The attached report confirms that Well E produces water in sufficient quantities and quality to meet the needs of the amended PUD (see attached Well E test report Appendix B). Wells D and E are located adjacent to the tank and are both completed into the same aquifer. Either well is capable of providing an adequate water supply for the proposed PUD in both quantity and quality.” All other utilities, except natural gas, are in place. Regarding natural gas, preliminary plans for an extension of the gas line have been developed in cooperation with Black Hills Energy (previously Source Gas). Will serve letters have also been provided by Quest (Century Link), Holy Cross and Source Gas (now Black Hills Energy) for the Lake Springs Ranch PUD (see Exhibit 18). The Applicants have paid the school impact fee, as required by the County for all residential subdivisions, for approximately 20 of the residential lots. The fee for the additional 64 free-market lots on the east side of CR 114 (Subject Property) would be required to be paid at the time of final plat approval for future filings. All issues related to public service impacts that have been expressed by the County or other public or quasi-public service entities during the multiple prior land use reviews for Lake Springs Ranch were resolved during the related land use review processes. No other public facilities will be significantly impacted by the proposed FLUM amendment. Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 28 - 6. The proposed FLUM amendment will result in a logical and orderly development pattern and expansion of services and will not constitute spot zoning. Response: The requested amendment to the FLUM would revert the future land use designation for the Subject Property to Res MH, which was the designation before the 2013 Comprehensive Plan Amendment. The Res MH future land use designation reflects the development pattern and density reflected in preliminary plan and final plat approvals granted for Lake Springs Ranch and amended numerous times over the past 43 years. In addition, most of the needed services are already in place or have been planned for through the County’s development review process. The proposed amendment allows residential development with a pattern of mixed-size residential lots similar to the nearby Elk Springs Subdivision and the adjacent, unbuilt Spring Valley Ranch PUD for which PUD zoning and preliminary plan approvals have been granted. The amendment is consistent with the fact that Lake Springs Ranch is located within existing fire protection and sanitary sewer districts and that planning and engineering for the other major utilities and roadway improvements have been completed and reviewed by the County and other responsible referral agencies and found to meet the applicable standards. In fact, Lake Springs Rach has been found to be in general conformance with the Garfield County Comprehensive Plan in the following adopted resolutions of the Board of County Commissioners. BOCC Resolutions Finding General Conformance with the Comp Plan • Resolution No. 2002-09: Preliminary Plan Approval - Page 2, Whereas #4. • Resolution No. 2004-110: PUD Zoning Text Amendment – Page 2, Recital #3. • Resolution No. 2012-80: Preliminary Plan Amendment – Page 2, Recital I3. • Resolution No. 2016-35: Preliminary Plan Amendment – Page 3, Recital I4. • Resolution No. 2016-36: PUD Rezoning – Page 2, Recital G5. • Resolution No. 2018-31: Filing 2 Final Plat – Page 2, Recital K3. It’s worth noting that three of these resolutions (highlighted in red) were approved after the adoption of the 2013 Comprehensive Plan Amendment wherein the future land use designation for Lake Springs Ranch was changed to the Residential Low (10+ Ac/Du). The Applicants have also provided an analysis in support of an argument that the proposed FLUM amendment results in a more logical and orderly development pattern for the Spring Valley Area than does the currently adopted FLUM (see last two paragraphs of Applicants response to Criteria 1 of this document). Given these factors and considering that the Lake Springs Ranch PUD has been acknowledged as an existing subdivision on the future land use maps in previous comprehensive plans, including the 1994, 2000 and 2010 Plans, the proposed FLUM amendment does not constitute spot zoning. Rather, the Applicants believe that Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 29 - the proposed FLUM amendment corrects an error or oversight that occurred during the 2013 update of the Comprehensive Plan. 7. The county or the general area in which a FLUM amendment is proposed has changed or is changing to such a degree that the amendment is in the public interest. Response: The Applicants believe that the general area has not changed significantly, and that the revision made to the FLUM as part of the 2013 Comprehensive Plan Update was made without considering the full range of factors described in this application in relation to the Lake Springs Ranch property and the surrounding area. 8. The proposed amendment has a significant public benefit; will promote the public welfare and will be consistent with the visions, policies and strategies of the Garfield County Comprehensive Plan and the elements thereof. Response: The proposed amendment’s consistency with the visions, policies and strategies of the Comprehensive Plan have been addressed previously in this application. The following is a list of the public benefits associated with the requested FLUM amendment. • Prevents the loss of six future affordable housing units. • Supports improvements to CR 114, including realigning the roadway near the pond, which improves safety. • May contribute to improvements at the CR 114/Highway 82 intersection. • Provides housing units up valley of Glenwood Springs, identified as needed in the Comprehensive Plan. • Is an expression of support for other large-tract landowners who may be considering preserving open space through conservation easements. 9. The proposed designation on the FLUM is in compliance with the visions, policies and strategies of the Comprehensive Plan and any applicable intergovernmental agreement affecting land use or development. Response: The proposed amendment’s consistency with the visions, policies and strategies of the Comprehensive Plan have been addressed previously in this application. The Applicants are not aware of any intergovernmental agreements affecting land use or development in the Spring Valley area. SUMMARY This application contains information supporting a conclusion that the proposed FLUM amendment corrects an error or oversight that occurred during the 2013 update of the Comprehensive Plan and that the proposed FLUM amendment results in a development pattern which is more logical and orderly than does the currently adopted Future Land Use Map. When considered in the context of the surrounding Lake Springs Ranch PUD | Comprehensive Plan 2030/Future Land Use Map Amendment November 22, 2022 - 30 - properties, the Subject Property is an appropriate location for the Res MH future land use designation since the Property is within both sanitary sewer and fire districts; is closer to Highway 82 and the City of Glenwood Springs; has more convenient vehicular access than the adjacent properties; and has been planned and approved for higher density development for over 40 years. Over those years, the Applicants incurred substantial cost (over $715,000 in fees to SVSD and Basalt Water Conservancy alone) in anticipation of developing the Subject Property at the density for which preliminary plan approval has been granted and which, up until the 2013 Comprehensive Plan amendment, was consistent with the recommended use and density on all prior Future Land Use Maps. Further, the Applicants relied on the higher density designation when they embarked on a years-long program of conserving the lands located on the west side of CR 114 for agriculture, open space, wetland preservation and wildlife habitat purposes. Reducing the allowed density on the remainder of the property by strictly adhering to the current FLUM would be unfair to the Applicants and a disincentive to other landowners who might be considering conserving their property in the future. For these reasons, and the many others identified in this document, the Applicants respectfully request that the future land use designation for the portion of the Lake Springs Ranch property located east of County Road 114 be reverted to the Res MH (2 to <6 Ac/Du) category that existed prior to the 2013 Comprehensive Plan Update. We look forward to working with the County Staff and Planning Commission during the review of this application. Regards, Tim Malloy, Principal TGMC, LLC (Applicants’ Representative) CC: Miriam Berkeley; General Partner, Berkeley Family, LLLP Dr. Michael Berkeley Haythem Dawlett Lake Springs Ranch Comprehensive Plan 2030 – FLUM Amendment Application November 2022 Exhibit 1 | Land Use Change Application Form Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970)945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION Administrative Review Development in 100-Year Floodplain Limited Impact Review Development in 100-Year Floodplain Variance Major Impact Review Code Text Amendment Amendments to an Approved LUCP LIR MIR SUP Rezoning Zone District PUD PUD Amendment Minor Temporary Housing Facility Administrative Interpretation Vacation of a County Road/Public ROW Appeal of Administrative Interpretation Location and Extent Review Areas and Activities of State Interest Comprehensive Plan Amendment Accommodation Pursuant to Fair Housing Act Pipeline Development Variance Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ PROJECT DESCRIPTION REQUEST FOR WAIVERS Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ Waiver of Standards The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ______________________________________________________ __________________________ Signature of Property Owner or Authorized Representative, Title Date OFFICIAL USE ONLY File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________ Existing Use: ____________________________________________________________________________________ Proposed Use (From Use Table 3-403): ____________________________________________________ Description of Project: __________________________________________________________________ 1.The Decision you are appealing. 2.The date the Decision was sent as specified in the notice (date mailed). 3.The nature of the decision and the specified ground for appeal. Please cite specific code sections and/or relevant documentation to support your request. 4.The appropriate appeal fee of $250.00. 5.Please note a completed Appeal Application and fees must be received within 30 calendar days of the date of the final written Administrative Interpretation. For Appeal of Administrative Interpretation please include: