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Home My WebLink About2.0 PC Staff Report 09.10.2003i • Exhibits for PUD text Amendment for Los Amigos Ranch PUD 9/10/03 Exhibit 1G (A"taZ} A Exhibit Garfield County Zoning Regulations B Garfield County Comprehensive Plan of 2000 C Letter from Applicant dated June 25, 2003 D Staff Memorandum E Resolution 96-34 F Email from the Glenwood Springs Fire Department dated 9/3/03 REQUEST: • 2 EXHIBIT • PROJECT INFORMATION AND STAFF COMMENTS Amend the text of the Los Amigos Ranch PUD Elk Springs, LLC Balcomb & Green APPLICANT: LEGAL COUNSEL: LOCATION: SITE DATA: WATER: SEWER: ACCESS: ZONING: PC 9/10/03 FJ A parcel of land located in portions of Sections 35 and 36, T6S, R89W; portions of Sections 31, 32, and 33 of T6S and R88W of the 6th P.M.: more practically located approximately 2 miles southeast of Glenwood Springs off of CR 114. 1,703.058 acres Central Water ISDS / Central System CR 114 P.U.D. I. DESCRIPTION OF THE PROPOSAL Elk Springs, LLC, current owner of all unsold lots of the Los Amigos Ranch PUD, requests the Board approve a request to amend the text of the approved phasing schedule of the Los Amigos Planned Unit Development approved via Resolution 96-34. More specifically, the Applicant proposes to extend the deadline for submitting Phase Designation (preliminary plan) 3 from December 31, 2002 to December 31, 2005 (a three year extension). The Applicant will continue to adhere to the completion deadline of December 31, 2010. This phase designation 3 is described as the 80 high-density single-family lots in the Lower Valley of the Los Amigos Ranch PUD. Staff has provided the approved PUD phasing plan on the following page. The Applicant submitted a letter requesting the amendment. (Exhibit II. REVIEW AGENCY/PUBLIC COMMENTS: A. Town of Carbondale: No comments were received. B. City of Glenwood Springs: No comments were received. 1 C. Spring Valley Sanitation District: No comments were received. D. Glenwood Springs Fire Department: The District stated they had no objections to the requested amendment. (Exhibit F) III. PUD PHASING PLAN APPROVED IN RESOLUTION 96-34 Phase Phase Description of Phase Approx 38 lots on Road A and (1) lot adjacent to Filing 2 Commencement Date Completion of Development (per Subdivision Improvement Agreement) December 31, 1999 Desi�natiorr Designation (Submission of Preliminary flan) December 31, 1996 (Preliminary Plan) (Final Plat) A 1 2 B Approx 45 lots on road A near water tank and on Road B December 31, 1999 December 31, 2002 2 C Approx 45 lots through second draw, Road D December 31, 1999 December 31, 2005 2 D Approx 40 lots through third draw, Road E December 31, 1999 December 31, 2008 2 E Remainder single family lots, rural residential lots and neighborhood commercial December 31, 1999 December 31, 2010 3 F 80 high density single-family Lots in Lower Valley December 31, 2002 December 31, 2010 IV. STAFF COMMENTS Section 4.12.03 of the Garfield County Zoning Resolution identifies the criteria by which the Board of County Commissioners may allow for the modification of a PUD plan. Specifically, it states, all those provisions of the Plan authorized to be enforced by the County may be modified, removed or released by the County, subject to the following (these criteria are listed below in bold italics followed by a response): (1) No modification, removal or release of the provisions of the Plan by the County shall affect the rights of the residents, occupants and owners of the PUD to maintain and enforce those provisions at law or in equity; and Response: The present application requests a change in the PUD zone text extending the deadline for submittal of a preliminary plan application for that portion of Los Amigos Ranch PUD known as the "Lower Valley." No part of the Lower Valley has been developed to this date. The Lower Valley is across County Road 114 and topographically lower than the remainder of the PUD. The application does not request any change in land use or location of common open space for any portion of the PUD. The request therefore should not affect rights of owners or residents to maintain and enforce their rights at law or equity. This standard is met. 2 • • (2) No substantial modifications, removal or release of the provisions of the Plan by the County shall be permitted except upon a finding by the County, following a public hearing called and held in accordance with the provisions of Section 24-67-104. C.R.S., that the modification, removal or release is consistent with the efficient development and preservation of the entire PUD does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the PUD, or the public interest, and is not granted solely to confer a special benefit upon any person. Response: The request to extend the deadline for submittal of the preliminary plan for the Lower Valley is justified because the applicant has diligently participated in the construction of an expansion of the Spring Valley Sanitation District Wastewater Treatment Plant which was necessary to provide wastewater treatment service to development in the Lower Valley. The applicant has consistently demonstrated its intent to develop the Lower Valley as provided in the PUD. The application requests only an extension of the time to submit a preliminary plan application for the Lower Valley, not a request to extend the completion date for development. As such, the requested zone text amendment is consistent with the efficient development and preservation of the entire PUD, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across the street from the PUD, or the public interest, and is not granted solely to confer a special benefit upon any person. This standard is met. (3) If time-share or fractional ownership units or other similar interest in property are proposed after PUD zoning is granted by the Board of County Commissioners, an application for such designation shall contain unanimous approval of all owners of real property within the PUD. Response: It appears this criterion does not apply; in that, no fractional ownership is currently allowed within the PUD or proposed by the application. This standard is met. V. SUGGESTED FINDINGS TO PLANNING COMMISSION: 1. That the meeting before the County Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the meeting. 2. That the proposed PUD Amendment can be determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 3. That the application has met the requirements of the Garfield County Zoning Resolution of 1978, as amended, specifically Sections 4.12.03. 3 • • VI. RECOMMENDATION: That the Planning Commission recommended approval to the Board of County Commissioners of the proposed text amendment of the Los Amigos Ranch PUD, subject to the following conditions: 4 JOHN A. THULSON EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. GEIGER ANNE MARIE CALLAHAN AMANDA N. MAURER DEBORAH DAVIS* DAVID P. JONES ALSO ADMITTED TO PRACTICE IN NEW YORK AND MISSOURI • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P. 0. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 VIA HAND DELIVERY TO: Telephone: 970.945.6546 Facsimile: 970.945.9769 www. balcombgreen. com June 25, 2003 Mark Bean, Planning Director Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Re: Application to Amend Los Amigos Ranch PUD Dear Mark: EXHIBIT C. OF COUNSEL: KENNETH BALCOMB We are writing on behalf of Elk Springs, LLC (the "Applicant"), formerly known as Los Amigos Ranch Partnership, the developer of Los Amigos Ranch PUD (the "PUD") and the owner of all of the unsold lots and unplatted lands within the PUD. As you may recall, Resolution No. 96-34 of the Board of County Commissioners of Garfield County, copy enclosed, sets forth the operative zoning approval for the PUD. Paragraph 21 of Resolution No. 96-34 sets forth the approved phasing schedule for the PUD.' By this letter, the Applicant is requesting the following modification to paragraph 21 of Resolution No. 96-34: 1. That the Commencement Date (Submission of Preliminary Plan) for Phase Designation (Preliminary Plan) 3 be changed from December 31, 2002 to December 31, 2005. ' You will recall that portions of the phasing schedule set forth in Resolution No. 96-34 were amended by Resolution No. 98-30, "A Resolution Concerned with the Approval of a Preliminary Plan for the Los Amigos Ranch, Filings 6 - 10 Subdivision." The approved change was to require that a final plat for the first development phase approved in such preliminary plan was submitted within one year of the preliminary plan approval as required by Section 4:34 of the Garfield County Subdivision Regulations. This deadline was met by the County's approval of the Final Plat for Los Amigos Ranch Filing No. 6 and the recording of that Final Plat on February 7, 2001 as Reception No. 575830. The remainder of the phasing schedule deadlinik44o�$ G• No. 96-34 were not modified by Resolution No. 98-30. 4 JUN 2 5 2003 GARFIELD COUNTY BUILDING & PLANNING • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Mark Bean, Planning Directors June 25, 2003 Page 2 We submit that the phasing schedule amendment requested by this Application is an amendment to the text of an approved PUD resolution which does not affect the shape, boundaries or area of any district within the PUD, and is therefore a "text amendment" under Section 10.01.01 of the Garfield County Zoning Resolution of 1978, and should be processed as such. Pursuant to Section 10.03 of the Garfield County Zoning Resolution, we submit the following reasons to support the requested amendment: 1. To this date, the Applicant has diligently developed the PUD in accordance with the approved phasing schedule set out in paragraph 21 of Resolution No. 96-34 as modified by Resolution No. 98-30. The Applicant obtained preliminary plan approval for Preliminary Plan Phase Designation 2 in accordance with the approved phasing schedule, and thereafter completed the development of Los Amigos Ranch, Filing No. 6 (which equates to Phase Designation (Final Plat) B) in accordance with the phasing schedule. Therefore, the Applicant has consistently evidenced its intent to fully develop the PUD as approved by Resolution No. 96-34. 2. By this request, the Applicant is asking that the deadline to submit the preliminary plan for Phase Designation (Preliminary Plan) 3 (also described as Phase Designation (Final Plat) F) in Resolution No. 96-34 be extended until December 31, 2005. This area of the PUD is described as 80 high density single-family lots in the Lower Valley ("Lower Valley"). No extension of the completion deadline for the Lower Valley is requested. We submit that this request is justified because of the unforeseen complexities in arranging for wastewater treatment service for the Lower Valley. It is our experience that within the last two or so years, Garfield County has interpreted its subdivision regulations to require an applicant to be well along in the planning and permitting of all aspects of its proposed wastewater treatment system at the time of preliminary plan. Thus, under this interpretation, an application to approve a preliminary plan for the Lower Valley would not have been successful until all provisions for providing wastewater treatment service to the Lower Valley were in place. Commencing in approximately early fall of 1998 the Applicant commenced negotiations with the Spring Valley Sanitation District and other property owners within Spring Valley for the funding and construction of an expanded wastewater treatment facility, to be owned and operated by the Spring Valley Sanitation District, to provide wastewater treatment services to a large area of Spring Valley and the Lower Valley. These negotiations lasted well over a year and culminated in the execution of that certain Pre -Inclusion and Wastewater Treatment Plan Development Agreement dated December 15, 1999. Pursuant to that Agreement, the Spring Valley Sanitation District has now completed the construction of an expanded wastewater treatment facility which became operational in October, 2002. Under that Agreement, the Applicant paid approximately $1.1 Million of the construction costs of the plant, or approximately 25% of the total construction costs. In • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Mark Bean, Planning Directors June 25, 2003 Page 3 exchange for this payment, the Applicant has reserved 270 EQR's of treatment capacity from the expanded wastewater treatment plant, 80 of which are allocated for the development of the Lower Valley. Under these facts, wastewater treatment service for the Lower Valley is in place, and an application for preliminary plan approval relying on this wastewater treatment service would now be appropriate. Given the uncertain economic conditions at this time, the Applicant is requesting an extension of time until December 31, 2005 to submit its preliminary plan application for the Lower Valley. Because the Applicant is not requesting any extension of the completion date for development of the Lower Valley, the entire PUD will be completed within 15 years of the PUD approval which is within the time frame allowed for the development of projects of this size as set forth in Section 4:34 of the Subdivision Regulations. Pursuant to our telephone conversation of June 23, 2003, regarding this matter, we have also enclosed our check in the amount of $300.00 which we understand to be the application fee for processing a text amendment. We look forward to working with you to process this application. Very truly yours, BALCOMB & GREEN, P.C. LRG/bc Encls. xc: Greg Boecker (w/out encls.) Lawrence R. Green • • iQ J 494584 B-982 P-103 06/18/96 10:34A PG 1 OF 14 REC DOC 4 MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00 STATE OF COLORADO ) COUNTY OF GARFIELD ) NOT a 9 EXHIBIT At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Courthouse in Glenwood Springs on M o n d a y , the 17 t t -day of June , 1996, there were present: Marian I. Smith, Commissioner/Chairman Arnold L. Mackley, Commissioner Elmer (Bucky) Arbaney, Commissioner Don D. DeFord, County Attorney Mildred Alsdorf, Clerk to the Board The following proceedings, among others, were had and done, to -wit: RESOLUTION NO. 96- 34 A RESOLUTION CONCERNING APPROVAL OF THE PARTNERSHIP APPLICATION FOR AMENDMENT TO THE LOS AMIGOS RANCH PLANNED UNIT DEVELOPMENT ZONE TEXT, PUD PLAN AND DEVELOPMENT PLAN LOS AMIGOS RANCH WHEREAS, the Los Amigos Ranch Partnership (Hereinafter sometimes "Applicant") is the owner of a parcel of land located in Garfield County, Colorado which pursuant to Board of County Commissioner Resolution No. 81-358 is presently zoned as a planned unit development. WHEREAS, the Los Amigos Ranch Partnership has filed an Application with the Board of County Commissioners of Garfield County, Colorado, for approval of amendment to the Los Amigos Ranch Planned Unit Development Zone Text and Planned Unit Development Plan (Hereinafter sometimes, "Application"); WHEREAS, the Board of County Commissioners has now considered that Application. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, that based upon the evidence, sworn testimony, exhibits, study of the comprehensive plan for the unincorporated areas of Garfield County, comments from Garfield County Department of Regulatory Offices and Personnel, and the Garfield County Planning Commission and comments from all interested parties, this Board enters the following findings and conclusions: • • 494584 B-982 P-104 06/18/96 10:34A PG 2 OF 14 FINDINGS 1. Applicant's application was filed with the Regulatory Offices and Personnel Department of Garfield County on February 12, 1996, and referred to the Planning Commission on February 26, 1996. 2. The Garfield County Planning Commission reviewed the Application and recdmmended approval of the Application under certain conditions on March 13, 1996. 3. The Board of County Commissioners established a date for public hearing on the Application for PUD plan and text amendment and the vesting of the development rights per §24- 68-103, C.R.S., as amended, which commenced on April 15, 1996 at 5 o'clock p.m. and was thereafter properly continued to May 6, 1996 at 12 o'clock p.m. and May 20, 1996 at 2 o'clock. 4. Pursuant to evidence produced at the public hearing on this Application, the Board FMS: (a) The property owners adjacent to the property that is the subject of this Application received notification of the date, time and location of the above -referenced public hearing by certified mail, sent at least fifteen (15) days prior to the commencement of the hearing; (b) Notification of the public hearing was published in a newspaper of general circulation at least thirty (30) days prior to the commencement of the hearing; (c) The substance of the mailed and published notification substantially informed interested parties of the subject matter and location of the requested modification to existing zoning and PUD plan; (d) The Board of County Commissioners has jurisdiction to conduct the public hearing on the Application and render a decision thereon. (e) The requested modifications to the PUD plan are consistent with the efficient development and preservation of the entire PUD, do not -ffect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the PUD, or the public interest, and are not granted solely to confer a special benefit upon any person. 5. The hearing before the Board was extensive and complete, all pertinent facts, matters and issues were submitted and all interested parties were heard at the hearing. 2 • • 494584 B-982 P-105 06/18/96 10:34A PG 3 OF 14 6. Pursuant to §4.02 of the Garfield County Zoning Resolution of 1978, as amended: (a) The PUD will provide necessary commercial and recreational facilities conveniently located to housing; (b) The PUD zone district text and map direct the dwelling type, density, and open space in a manner consistent with existing zoning laws; (c) The PUD provides a variety of housing types and a layout allowing for open space ancillary to the building; (d) The PUD will provide for the transfer of ownership and control of the water distribution systems, water and water rights to the Los Amigos Ranch Homeowners Association, Inc.. (e) The PUD will provide for the payment of a road impact fee sufficient to offset the traffic burdens imposed instant to the development. (f) The PUD developed to its full extent will result in an increased assessed valuation of the property; (g) The PUD process was used to develop a plan which preserves the site's agricultural land and maintains the scenic quality of those portions of the site exposed to public view; (h) The PUD will be developed in phased preliminary plan and final plat applications submitted in accordance with the phasing schedule set forth herein at paragraph 17 of the conditions of approval. 7. The PUD as conditioned herein and in accordance with §4.04 of the Garfield County Zoning Resolution of 1978, as amended, and §24-67-105(1), C.R.S., as amended, is in general conformity with the Garfield County Comprehensive Plan. 8. Pursuant to §4,07.01 of the Garfield County Zoning Resolution of 1978, as amended, the Board of County Commissioners herein find that subject to strict compliance with the conditions set forth herein, the Los Amigos Ranch Planned Unit Development will meet the standards and requirements of §4.00, seq. of that Zoning Resolution. 3 • • 494584 B-982 P-106 06/18/96 10:34A PG 4 OF 14 9. Subject to the conditions set forth herein, the PUD meets the requirements of §4.07.03 of the Garfield County Zoning Resolution of 1978, as amended, as follows: (a) The PUD has an appropriate relationship to the surrounding area and all unreasonable adverse effects on the surrounding area are minimized. (b) The PUD provides internal streets that are adequate for the traffic generated and which provide adequate access for police and fire protection, safety, convenience and separation from living areas. (c) The PUD provides adequate parking for all proposed uses; (d) The PUD provides common open space that is adequate for the usage of its residents and which preserves both the natural features of the terrain and most productive agricultural lands within the property. (e) The PUD provides for a variety of housing types and the commercial facilities necessary for the enjoyment of the development; (f) The PUD through lot sizing, building set backs and architectural control provides adequate privacy between the dwelling units. (g) The PUD will allow clustering of development in some areas permitting the creation of additional open space. 10. The overall density of the development under the terms and conditions set forth herein and pursuant to the provisions of §4.07.06 of the Garfield County Zoning Resolution of 1978, as amended, will be no greater than four (4) dwelling units per acre. 11. The PUD exceeds the minimum number of acres required for PUD size. 12. More than 25% of the PUD is devoted to common open space. 13. Under the terms and conditions set forth herein and pursuant to the PUD Development Plan, the PUD demonstrates the location and total acreage for each proposed use, together with the limitations on lot size and total density within each use. 14. Subject to the conditions set forth below all uses by right, conditional uses, minimum lot areas, minimum lot coverage, minimum set -backs, maximum height of buildings and all other use and occupancy restrictions applicable to this PUD are hereby approved by the Board of County Commissioners as set forth in the zone text attached hereto and incorporated herein as Exhibit A. 4 • • 494584 B-982 P-107 06/18/96 10:34A PG 5 OF 14 15. Pursuant to the provisions of §4.08.05 the Garfield County Zoning Resolution of 1978, as amended, the Applicant included in its written request for PUD rezoning all of the following: (a) A statement of ownership interest and written consent of the property owners; (b) a proposed plan indicating the maximum number of dwelling units, the minimum acreage, dedicated open space, type of proposed uses and acreage devoted -to uses, proposed major internal circulation system, the acreage dedicated to school sites or payment in lieu thereof, the general location of commercial sites within the PUD, the manner in which provision for water, sewer, telephone, electric and gas would exist and other necessary restrictions sought by the Applicant; (c) a regional location map showing the location of the proposed PUD in relationship to connecting roads and other public facilities; (d) a site map indicating the boundaries of the PUD, its acreage, existing structures and existing zoning; (e) (f) a site topographic map with 5 -foot intervals; a legal description of the area included within the PUD; (g) a written application setting forth the objectives to be achieved by the PUD, a development schedule, which as modified below sets forth the beginning and completion dates for construction, copies of covenants, conditions and restrictions, which have now been amplified as set forth herein, a list of property owners within 300 feet of the boundaries of the PUD, statement by a licensed engineer that provided information concerning the proposed source of water to the PUD, a proposed method of sewage treatment, and a general manner in which provision would be made for potential natural hazards, including landslide areas, all of which are subject to the conditions set forth herein. 16. The PUD, subject to the conditions set forth herein, will be designed with the consideration of the natural environment of the site and surrounding area, and will not unreasonably destroy or displace wildlife, natural vegetation or unique features of the site. 17. Subject to the provisions of §4.08.06 of the Garfield County Zoning Resolution of 1978, as amended, the Board of County Commissioners find that no portion of the PUD conditionally approved herein may be occupied until appropriate final plats have been approved by this Board. 5 • • 494584 B-982 P-108 06/18/96 10:34A PG 6 OF 14 CONDITIONS OF APPROVAL The foregoing Findings are specifically entered subject to the adoption of and strict compliance with the conditions set forth below. Such conditions are a result of consideration of all evidence, including public comment. ROAD IMPACTS 1. Applicant shall construct, consistent with Board of County Commissioner Resolution No 92-091, as amended, a northbound left-hand turn lane at the intersection of County Road 114 and Los Amigos Drive, which is the main entry road into Los Amigos Ranch PUD. As further conditions under this commitment, Applicant shall: (A) Obtain all required approvals from the County to vacate and relocate those portions of the County Road 114 right of way necessary for construction of the above left-hand turn lane, which approvals will not be unreasonably withheld by the County. (B) Complete construction of the above referenced left -turn lane shall be completed by 9/1/97 or within the next construction season following completion of legal proceedings and entry of final orders granting title the County or Applicant for the subject right-of-way above referenced. 2. At the time of each Final Plat approval, a fee shall be paid to the County in such an amount as shall be established by the Board pursuant to a road impact analysis to be accepted by the County at the time of each Preliminary Plan approval. Such fee shall be assessed as a per unit road impact fee based upon the estimated cost of two lane improvements to County Road 114 from its intersection with the highway frontage road adjacent to Highway 82 to its intersection with the entry road to Auburn Ridge housing project. The road impact analysis accepted by the County above, as the same may be from time to time modified to reflect current costs, shall be incorporated into all future analyses used by the County in quantifying road impact fees in the County Road 114 corridor, Payment of said road impact fees, shall be expressly conditioned upon the assessment by the County, at the time of Final Plat, of proportionately equal road impact fees upon all subsequently developed properties accessed in whole or part by County Road 114. 3. Paragraphs 1 and 2 set forth the full and complete obligation of the Applicant with respect to improvements to County Road 114 for the complete development of Los Amigos Ranch PUD as herein approved. 6 494584. B-982 P-109 06/18/96 10:34A PG 7 OF 14 DEDICATION OF ROADS 4. All roads contained within the Los Amigos Ranch PUD shall be dedicated to the homeowner's associations which will utilize the same for access to its properties and upon dedication, the respective homeowner's association shall thereafter be responsible for the maintenance and care thereof. Applicant shall submit a plan to the County prior to Preliminary Plan approval to privatize the roads within the Los Amigos Ranch PUD which are presently dedicated to the Public use and the approvals sought herein by Applicant shall not unreasonably be withheld by the County. WASTEWATER 5. The (44) lots along "Road A" (Los Amigos Drive to the water tank) which could potentially drain into the Spring Valley Aquifer, all lots along Los Amigos Drive that currently lie within the Spring Valley Sanitation District, all lots depicted upon the PUD Plan as "High Density" single family lots, and all lots depicted upon the PUD Plan as "Multi -Family" units shall be serviced by central sewer provided by the Spring Valley Sanitation District. Given the economic inefficiencies and impracticalities associated with extending and maintaining central sewer service to the remaining westerly single family lots in the PUD, Applicant shall be allowed to service said remaining lots with individual sewage disposal systems (ISDS), subject to the following conditions: (A) Applicant shall provide to the Board all information needed by the Board to review the environmental and health impacts presented by ISDS service, which shall also be forwarded to the Colorado Department of Health, Water Quality Control Division for their review and recommendation. (B) The Board finds that the Colorado Department of Health has made a favorable recommendation regarding the proposed method of sewage disposal as required by C.R.S. 30-28-136(1)(g). WATER SUPPLY 6. In connection with each preliminary plat, the Applicant shall provide evidence that there shall be available adequate water quantity and quality to serve the reasonably foreseeable needs of the development within such preliminary plat. 7. In connection with the next succeeding preliminary plat for the Los Amigos Ranch PUD, the Applicant shall set forth the proposed method for transferring legal ownership and control of the water distribution facilities, water and water rights sufficient in quantity to service the approved units (hereinafter collectively Water Distribution System) to the Los 7 • • 494584 B-982 P-110 06/18/96 10:34A PG 8 OF 14 Amigos Ranch Homeowners Association, Inc. It is agreed that as a term and condition of such method of transfer, the Applicant shall retain the right to charge a water tap fee to initial purchasers of lots that will receive water from the Water Distribution System; provided, however, that such water tap fee on a per EQR basis, shall not exceed the Applicant's per EQR cost (plus interest thereon) of constructing and installing the Water Distribution System, including the cost of over sizing any elements of the Water Distribution System as may be required to serve areas zoned multi -family or commercial . Upon the request of the -County, the Applicant shall provide the County with evidence of the actual costs incurred by Applicant in constructing and installing the facilities of the Water Distribution System. UTILITIES 8. At the time of the applicable Preliminary Plan submittal, the applicant will submit to the County a detailed Utility Plan that indicates the easement size and location for gas, electric, and telephone. Wastewater and water treatment facilities, and drainage/erosion control systems shall include line and facility sizing, in addition to the size and location of easements. WILDLIFE IMPACTS, OPEN SPACE AIR QUALITY 9. One dog will be allowed for each residential unit. This requirement will be included in the protective covenants, and will be enforced by the applicable homeowner's association. 10. Common open space areas shall be dedicated by the Applicant to the Los Amigos Ranch Homeowner's Association in an amount that maintains a 50:50 ratio or greater, dedicated open space to developed land. The dedication of open space shall coincide with the approval of the applicable final plat. 11. No open hearth solid -fuel fireplaces will be allowed. 12. Dwelling units will be allowed an unresiiicted number of natural gas -burning fireplaces or appliances. 13. Dwelling units will be allowed one (1) new wood -burning stove as defined by C.R.S. § 25-7-401, et. seq, and the regulations promulgated thereunder. 8 . • 494584 B-982 P-111 06/18/96 10:34A PG 9 OF 14 PLAT NO I'ES 14. The following plat notes shall be included on all Final Plats. (a) Prior to the issuance of a building permit, the owner of each lot shall prepare and submit a soils and foundation report, a grading and drainage plan, and a geologically acceptable building site prepared and certified by a professional engineer. All improvements shall be constructed in accordance with such engineering recommendations, which shall be a condition of Los Amigos Ranch Architectural Control Committee approval and the building permit. (B) The owner of each lot utilizing an individual sewage disposal system (ISDS) shall obtain site specific percolation tests to determine whether a standard septic system is acceptable or an engineered system is appropriate or required. Each ISDS shall be designed to minimize tree removal and changes to the natural contours of the land. (C) The recoil lendations of the Colorado State Forester and the Fire Chief as set forth in the Supplemental Declarations dated September 28, 1992 g seq, shall be followed in the construction of all structures. (D) All lots designated to lie within the Spring Valley Sanitation District shall obtain central sewer service pursuant to agreement with the District. (E) (F) Open hearth solid -fuel burning fireplaces are not allowed. Each dwelling unit is allowed one dog. HOMEOWNERS' ASSOCIATION AND COVENANTS 15. Applicant has heretofore created the Los Amigos Ranch Homeowners Association, Inc, a Colorado non-profit corporation and by authority of the AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LOS AMIGOS RANCH PLANNED UNIT DEVELOPMENT, filed in the Office of the Garfield County Clerk and Recorder at Reception No. 421306, Book 799, Page 48, charged the association with certain duties and responsibilities including, but not limited to, the enforcement of said covenants, conditions and restrictions and the maintenance of common open space within subdivided lands of the Los Amigos Ranch PUD. 9 • • 494584 B-982 P-112 06/18/96 10:34A PG 10 OF 14 16. Applicant shall, at approval of final plat, pursuant to the procedures set forth at ARTICLE VI, Paragraph 6.2 of the Amended Declaration above identified, "annex" the properties, contained within future filings of the PUD, specifically excepting therefrom all properties identified in the PUD Plan as "High Density Single Family" lots, "Multi -Family" units, and "Neighborhood Commercial" and "Multi -Family Open Space". 17. Applicant shall cause to be formed at the time of applicable final plat approval, a separate homeowner's association for the above identified "High Density Single Family" property. Coincident therewith, lands within the property designated "High Density Single Family" shall be dedicated by Applicant as common open space to the "High Density Single Family" homeowner's association, above formed, for the separate use and/or enjoyment of the members of said association. The land dedicated as common open space pursuant to this paragraph shall equal or exceed in amount of total acreage, 25% of the "High Density Single Family" property. 18. Applicant shall convey to the owners of the "Multi -Family" properties, at least 10 acres of common open space, which shall constitute at least 25% of the "Multi -Family" properties, for the use and/or benefit of the residents, occupants and owners of said "Multi - Family" properties. Applicant shall transfer such common open space land prior to approval of the next Final Plat filed in the Los Amigos Ranch PUD and same shall be designated upon said Final Plat as "Multi -Family O.S.". Upon acceptance of said conveyance , Applicant shall have no further responsibility for the property conveyed and/or maintenance thereof. 19. Applicant shall incorporate in the Supplemental Declaration filed pursuant to Paragraph 16. and the additional protective covenants, conditions and restrictions required under paragraph 17. above, such additional covenants, conditions and restrictions as are required to achieve the purposes and satisfy the conditions established in this resolution. School Impact, 20. Applicant shall, in lieu of the payment of an impact fee, dedicate to the RE -1 School District at the filing of the next final plat , that parcel of land identified upon the PUD Plan as the "School Site Parcel". The dedication of this property expressly satisfies all obligations of Applicant at time of future subdivision for the dedication of real property, payment of fees in lieu of property dedication and/or payment of school fees. 10 494584 B-982 P-113 06/18/96 10:34A PG 11 OF 14 Phasing. 21. Applicant shall be entitled to develop the Los Amigos Ranch PUD pursuant to the Preliminary Plat and Final Plat phases set forth below: Phase Designation (Preliminary Plan) 1 Phase Designation (Final Plat) Description of Phase A Approximately 38 lots on Road A and (1) lot adjacent to Filing 2 B Approximately 45 lots on Road A near water tank and on Road B 3 Approximately 45 lots through second draw, Road D Approximately 40 lots through third draw, Road E Commencement Date (Submission of Preliminary Plan) December 31, 1996 December 31, 1999 December 31, 1999 December 31, 1999 Completion of Development Per Subdivision Improvement Agreement December 31, 1999 December 31, 2002 December 31, 2005 December 31, 2008 Remaining single December 31, 1999 December 31, 2010 family lots, rural residential lots and neighborhood commercial F 80 high density December 31, 2002 December 31, 2010 single family lots in lower valley 22. It is specifically agreed that Los Amigos Ranch may receive separate Preliminary Plat approval for those portions of the PUD contained within the (3) phases above designated. Applicant shall obtain Preliminary Plat approval for Phase 1 prior to applying for Preliminary Plat approval for Phase 2. Preliminary Plat approval for Phase 3 shall not be conditioned upon Applicant having received prior Preliminary Plat approval for either Phase 1 or Phase 11 • • 494584 'B-982 P-114 06/18/96 10:34A PG 12 OF 14 23. The final plat phasing schedule set forth above establishes maximum time periods, and does not in any manner preclude or limit Applicant from accelerating its construction schedule, which may be done by individual subdivision improvement agreement. PUD Zone District Text. 24. Subject to the conditions set forth herein, the Board herein adopts and approves both the District Text and Planned Unit Development Plan attached as exhibits hereto. Vested Rights. 25. As a condition of approval and by agreement with the Los Amigos Ranch Partnership, the Board of County Commissioners herein adopts a development agreement pursuant to the provisions of §24-68-104(2), C.R.S., as amended, providing that property rights shall vest commencing with the final conditional approval of the Los Amigos Ranch PUD extending to December 31, 2010. With this approval, the Board of County Commissioners recognizes that this conditionally approved planned unit development, in its final conditional approval form, is a site specific development plan as set forth in §24-68-102(4), C.R.S., as amended. Therefore, during the time period set forth herein, the Applicant shall enjoy all of the vested rights set forth for such a development plan in §24-68-101, et seq., C.R.S., as amended. 26. Pursuant to the provisions of §24-68-103(1), C.R.S., as amended, the Board. of County Commissioners herein conditions grant of the vested right set forth above upon all of the conditions of approval set forth in this conditional PUD approval. Such conditions specifically include, but are not limited to, strict compliance with the phasing plan set forth in paragraphs 30-33 above. Failure of the Applicant to comply with any element of that phasing plan or any of the conditions set forth in this Resolution, will subject the Applicant to forfeiture of vested rights, as such forfeiture is set forth in §24-68-103(1), C.R.S., as amended. 27. In order to effectuate the conditions set forth under subtitle "Vested Rights", the Applicant shall be required to execute a development agreement coincidental with the conditional approval of Los Amigos Ranch PUD herein and pursuant to § 24-68-103(1) C.R.S., within (14) days of said approval, cause to be published in a newspaper of general circulation, a notice advising the general public of the site specific development plan approval and creation of vested property rights. 12 • • 494584 B-982 P-115 06/18/96 10:34A PG 13 OF 14 General. 28. All representations of the Applicant, that are within the Application or stated at the public hearings before the Planning Commission and the Board of County Commissioners, shall be considered conditions of approval to the extent that such representations are not inconsistent with the conditions of approval set forth herein. The extent of any inconsistency between the conditions of approval set forth in this Resolution and the statements and representations of the Applicant, the conditions of approval set forth herein shall control. CONDITIONAL APPROVAL Pursuant to the foregoing findings and conditions, the Board of County Commissioners of Garfield County, Colorado, herein approves the amendment to PUD zone text and PUD plan requested herein by the Los Amigos Ranch Partnership subject to strict compliance with the terms and conditions set forth herein. Additionally, through this approval the Board herein adopts the PUD development plan attached herewith and incorporated herein. Dated this 17th day of June 1996. AT-1EST: 1'=Iv ldred AlsJdorf _ 0 -- .Clerk to ;the Board:• BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By Marian I. Smith, Chairperson Upon iiatl duly made and seconded the foregoing Resolution was adopted by the following vote: • - Marian I, Smith Arnold L. Mackley Elmer (Bucky) Arbanev 13 • 414584 B-982 P-116 06/18/96 10:34A FG 14 OF 14 • f" -q/ 1 /0 /77 /1 • Fred Jarman ..................... _.................... rtge1011 From: Ron Biggers [rbiggers@ci.glenwood-springs.co.us] Sent: Wednesday, September 03, 2003 3:04 PM To: Fred Jarman Subject: Application to amend the Los Amigos Ranch PUD Fred, EXHIBIT I Have reviewed this application and the Glenwood Springs Fire Department does not have any objections to granting the Applicant (Elk Springs, LLC) their requested amendments to the existing Los Amigos Ranch PUD. If you need these comments on official fire department letter head let me know. Sincerely, Ron Biggers Fire Protection Analyst Glenwood Springs Fire Department 9/3/2003 Garfield County Building & Planning Memo To: Board of County Commissioners From: Fred Jarman, Senior Planner Date: 8/11/03 Re: Referral of the Los Amigos Ranch PUD Text Amendment application Elk Springs, LLC has applied to the County for a text amendment to the Los Amigos Ranch PUD. Section 10.04 of the Garfield County Zoning Resolution of 1978, as amended, requires the Board of County Commissioners to refer PUD text amendment applications to the Planning Commission for a recommendation of approval, disapproval or conditional approval within 60 days of the referral. Staff requests that the Board refer the proposed Los Amigos Ranch PUD text amendment to the Planning Commission for review at their September 10'" meeting. 1 t • • August 4, 2003 Lawrence R. Green Balcomb & Green, P.C., Attorneys at Law P.O. Drawer 790 818 Colorado Avenue Glenwood Springs, Colorado 81602 Garfield Cotinty BUILDING & PLANNING DEPARTMENT RE: Application to Amend the Los Amigos Ranch PUD Dear Larry, Thank you for the additional information received by this office on August 1, 2003 regarding the Los Amigos Ranch PUD Text Amendment. The purpose of this letter is to notify you that your application has been deemed technically complete. Please understand that a determination of technical completeness by this office shall not be deemed a recommendation of approval, finding of adequacy of the application, or a finding of general compliance with any goal or objective of the Garfield County Zoning Resolution of 1978, as amended. The application will be reviewed by Staff, a report will be generated and sent to you, and the Planning Commission will discuss and review the application at a public meeting which has been scheduled for the September 10th, 2003 Planning Commission agenda which begins "at 6:30 PM. Review of this application has also been scheduled for a public hearing before the Board of County Commissioners for October 6th, 2003 at 1:15 PM. Both meetings will be held in the Commissioners' Meeting Room in the Garfield County Plaza Building, 108 8th St., Glenwood Springs, CO 81601. As a matter of process (pursuant to Section 10.04 of the Zoning Resolution of 1978, as amended) the County Commissioners shall refer this proposed amendment to the Planning Commission. The Planning Commission shall report its approval, disapproval or recommendation to the County Commissioners within sixty (60) days of such referral of the proposed amendment by the County Commissioners except as stated in Section 4.08.01 of the Planned Unit Development provisions of this Resolution. I have scheduled the item be considered "on consent" for referral from the Board of County Commissioners to the Planning Commission on August 11, 2003. Section 10.04.01 states, prior to final adoption of any amendment to this Resolution, the County Commissioners shall hold a public hearing thereon. The applicant shall be solely responsible for the publication, posting and mailing of all notices and shall present proof of publication and mailing at or before the hearing. Notice for the hearing shall be given as follows: 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 • (1) Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed amendment and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. (2001-88) (2) Except for text amendments, notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. (2001-88) (3) Except for text amendments, the site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. (2001-88) Given the provisions above, the Applicant shall be solely responsible for the publication of notice and shall present proof of this publication before the meeting with the Board of County Commissioners. If correct noticing requirements have not been met, the meeting cannot be held. I have enclosed the appropriate notice with this letter for the Board of County Commissioner's meetings as mentioned above for your convenience. I look forward to working with you in the processing of this application. Do not hesitate to contact me in the event you have any questions. Very truly yours, Fred Jarman, 970.945.8212 or Planner Enc: Public Notice to be published pursuant to Section 10.04.01(1) of the Zoning Resolution of 1978 as amended. 2 • • PUBLIC NOTICE TAKE NOTICE that Elk Springs, LLC has applied to the Board of County Commissioners, Garfield County, State of Colorado, to request a text amendment to the Los Amigos Ranch Planned Unit Development (PUD), pursuant to Section 4:00 and Section 10.04 of the Garfield County Zoning Resolution of 1978, as amended, in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: (See Exhibit A attached) The text amendment to the PUD would effectively allow an amendment to the approved phasing schedule so that the Commencement Date (Submission of the Preliminary Plan) for Phase Designation (Preliminary Plan) 3 be changed from December 31, 2002 to December 31, 2005. All persons affected by the proposed text amendment to the Elk Springs Ranch PUD are invited to appear and state their views, protests or support. If you can not appear personally at such hearing, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request for the proposed amendment. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 201, 108 8th Street, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on the amendment has been scheduled for the 6th day of October, 2003, at 1:15 P.M. in the County Commissioners Chambers, Room 100,108 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW JOHN A. THULSON EDWARD MULHALL, JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. GEIGER ANNE MARIE CALLAHAN AMANDA N. MAURER DEBORAH DAVIS* DAVID P. JONES ALSO ADMITTED TO PRACTICE IN NEW YORK AND MISSOURI VIA HAND DELIVERY TO: P. 0. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 Telephone: 970.945.6546 Facsimile: 970.945.9769 www.balcombgreen.com August 1, 2003 Fred Jarman, Senior Planner Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Re: Application to Amend the Los Amigos Ranch PUD Dear Fred: OF COUNSEL: KENNETH BALCOMB RECEIVED AUG (0 1 2003 GARFIELD COUNTY SUILDING & PLANNING You have previously advised me that the above -referenced Application was "technically incomplete" because: 1. No PUD text amendment application was submitted with the application materials, even though you acknowledged that Garfield County does not have such a form; and 2. No signed "Agreement for Pay" Form was included with the submittal. You asked that we cure the above noted deficiencies by completing the applicable provisions of a zone district amendment application form and by providing you with a signed Agreement for Pay Form. Per our subsequent discussions about this matter, I am enclosing the following: 1. A completed cover sheet taken from the Zone District/Comprehensive Plan Map Amendment application form. 2. A signed Agreement for Payment Form. 3. A current commitment for title insurance reflecting that Elk Springs, LLC is the owner of the subject property. • • BALCOMB & GREEN, P.C. ATTORNEYS AT LAW Fred Jarman, Senior Planner August 1, 2003 Page 2 In our discussions we have agreed that there is no need to provide you with a list of owners of property within 200 feet of the subject property as the Garfield County Code does not require that notice of this application or any hearing thereon be mailed to such owners. Similarly, we have agreed that it is unnecessary to provide you with a copy of the Garfield County Assessor's map showing mineral rights owners of the subject property and public and private landowners adjacent to the property. It is my understanding that upon your receipt of the enclosed information the referenced application will be deemed technically complete and scheduled for a public meeting with the Planning and Zoning Commission and a public hearing before the Board of County Commissioners. Please let me know as soon as possible about the dates for these meetings. As always, please call me if you have any questions or concerns about this matter. Very truly yours, BALCOMB & GREEN, P.C. LRG/bc Encls. xc: Greg Boecker (w/out encls.) Lawrence R. Green