HomeMy WebLinkAbout1.00 Application Narrative
December 2025
Submitted on Behalf of:
Berkeley Family Limited Liability Limited Partnership
4001 County Road 114
Glenwood Springs, Colorado 81601
Prepared by:
TG Malloy Consulting, LLC
402 Park Drive
Glenwood Springs, Colorado 81601
Email: tim@tgmalloy.com
P: 970.945.0832
LAKE SPRINGS RANCH
Preliminary Plan/PUD Amendment Application
LAKE SPRINGS RANCH
Lake Springs Ranch
Subdivision Preliminary Plan & PUD Amendment December 2025
LAKE SPRINGS RANCH
SUBDIVISION PRELIMINARY PLAN & PUD AMENDMENT
TABLE OF CONTENTS
LIST OF FIGURES | PAGE i
LIST OF EXHIBITS | PAGE ii
INTRODUCTION | PAGE 1
DESCRIPTION OF AMENDMENTS V| PAGE 2
REQUESTED APPROVALS & SUBMISSION REQUIREMENTS | PAGE 8
REVIEW CRITERIA – PRELIMINARY PLAN AMENDMENT | PAGE 10
REVIEW CRITERIA – PUD AMENDMENT | PAGE 42
SUMMARY | PAGE 53
LIST OF FIGURES
Figure 1 | Vicinity Map
Figure 2 | Illustrative Site Plan
Figure 3 | Future Land Use Table – RMH Designation
Figure 4 | Future Land Use Map Excerpt
Figure 5 | Surrounding Land Use Map
Figure 6 | High Alpine Drive Easement Alignment Comparison
Figure 7 | Temporary CR 114 R.O.W. Condition
Figure 8 | High Water Table Hazard Map
Figure 9 | Slope Analysis Map
LAKE SPRINGS RANCH
ii
Lake Springs Ranch
Subdivision Preliminary Plan & PUD Amendment December 2025
LIST OF EXHIBITS
Exhibit 1 | Land Use Change Application Form
Exhibit 2 | Proof of Ownership Documentation
Exhibit 3 | Statement of Authority – Authorization Letter
Exhibit 4 | Pre‐application Conference Summary
Exhibit 5 | Adjacent Property Owner List
Exhibit 6 | Certificate of Mineral Owner Research & Mineral Assessment Reports
Exhibit 7 | Entitlement Chronology
Exhibit 8 | Approvded Preliminary Plan
Exhibit 9 | Amended SVR Access Easement Agreement
Exhibit 10 | Sod Farm Property Use and Easement Agreement
Exhibit 11 | Resolutions 2016-35 and 2016-36
Exhibit 12 | Historic Resource & Archaeological Report (Reid – Metcalf)
Exhibit 13 | Water Rights Summary (JVAM)
Exhibit 14 | Water Supply Report (Zancanella)
Exhibit 15 | Engineering Utility Report (High County Engineering)
Exhibit 16 | Revised Preliminary Drainage Report (High Country Engineering)
Exhibit 17 | Traffic Impact Study (SGM)
Exhibit 18 | Pavement Subsoil Study (Kumar)
Exhibit 19 | CR 114 Road Cross Section (High Country Engineering)
Exhibit 20 | Resolution 2021-08 - CR 119 Future ROW Dedication
Exhibit 21 | Proposed Preliminary Plan Drawings (High Country Engineering)
Exhibit 22 | Existing PUD Guide
Exhibit 23 | Third Amened PUD Guide (proposed – draft)
Exhibit 24 | CDPHE Letter Approving Water System (2017)
Exhibit 25 | Kumar Geotech Update Letter
Exhibit 26 | HP Geotech Prior Geology Reports
Exhibit 27 | Ecological Impact Report (Red Mountain Evironmental)
Exhibit 28 | Wildfire Hazard Review (Red Mountain Evironmental)
Exhibit 29 | AVLT Letter of Support
Exhibit 30 | Third Amended DCCRs (proposed – draft)
Exhibit 31 | Revised Affordable Housing Plan and Agreement
Exhibit 32 | Revised Subdivision Improvments Agreement
Exhibit 33 | Weed Managmenet Plan (Red Mountain Evironmental)
Exhibit 34 | Preliminary Landscape Plans
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December 2025
Garfield County Community Development Department
c/o Glenn Hartmann, Community Development Director
108 Eighth Street, Suite 401
Glenwood Springs, CO 81601
RE: Lake Springs Ranch Subdivision Preliminary Plan & PUD Amendment Application
Dear Glenn:
This letter and the supporting exhibits and drawings comprise an application to
amend the Lake Springs Ranch PUD and Subdivision Preliminary Plan. The
Subject Property is owned by the Berkeley Family, LLLP, who will hereafter be
referred to as the Applicant. The primary purpose of this application is to
remove the land on the west side of CR 114 from the Subdivision/PUD and to
amend the phasing plan to develop the land on the east side of CR 114 in a
single phase. Most other major aspects of the proposed layout and utilities
contemplated in the approved Preliminary Plan remain unchanged. This
application includes supporting reports prepared by experts in civil engineering,
geotechnical, wildlife, wildfire, weed management, historic and archaeological
resources, traffic impacts, water rights and water supply. The land being
removed from the PUD is also the subject of a companion application that seeks
rezoning of the west-side land from PUD to the Rural zone district. The Applicant
requests that these two applications be processed concurrently.
INTRODUCTION/BACKGROUND
The Lake Springs Ranch PUD/Subdivision has a long entitlement history which
begins in 1979 when the original PUD zoning was approved (BOCC Resolution
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No. 79-64). The original approval was for 195 single-family lots and 3 multi-family
cluster housing lots on 442 acres. In December of 1979 (Resolution No. 79-153)
the County approved an amendment to the PUD that reduced the single-
family residential lots from 195 to 194 and added 1 multi-family residential cluster
housing parcel bringing the total to four. In 2012, land from the adjacent CMC
and Nieslanik properties were added to Lake Springs Ranch through boundary
line adjustments, resulting in the property growing to 459.4 acres. Over the
years, the PUD Zoning and Preliminary Plan have been amended several times,
with the most recent amendment occurring in 2016. A chronology of the
entitlement history is provided as Exhibit 7. Between the Berkeley Family’s
conservation efforts and amendments to the preliminary plan approvals, the
developable portion of the Lake Springs Ranch PUD has been reduced from
459.4 acres to the 203.7-acre parcel located on the east side of CR 114. The last
portion of the Ranch located on the west side of CR 114 was permanently
sterilized through a conservation easement in 2019.
In 2021, two final plat filings (Filings 1 and 2 of the Lake Springs Ranch PUD),
which had been previously approved for portions of the land west of CR 114,
were vacated. During the review of the application to vacate Filings 1 and 2,
the County staff noted the need for a subsequent amendment to the approved
Preliminary Plan and PUD zoning to remove lands encumbered by conservation
easement from the PUD. This is one of the primary reasons for the submission of
this application to amend the PUD/Preliminary Plan being reviewed concurrently
with this rezoning application. In addition, Tract A is proposed to be divided into
10 lots to accommodate the deed restricted affordable housing mitigation
unites required pursuant to Article 8 of the Land Use Code.
DESCRIPTION OF AMENDMENTS
The Lake Springs Ranch property is located approximately 3.5 miles southeast of
Glenwood Springs along County Road 114 (CR 114). Figure 1 is a Vicinity Map
that shows the general location and configuration of the property. The property
currently included within the PUD is comprised of 459.4 acres which is divided
roughly in half by CR 114. The proposed amendment will remove the land on
the west side of CR 114 from the PUD, leaving the 203.7-acre parcel on the east
side of the county road within the subdivision. The number of lots will be
reduced to 84 free-market lots and ten multi-family lots to accommodate the
required deed-restricted units. The configuration of the free-market lots and
open space will remain the same as shown on the approved Preliminary Plan
drawing (Exhibit 8) as will the alignment of all proposed on-site roads.
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FIGURE 1
Vicinity Map
Source: TG Malloy Consulting, LLC
Figure 1 -Vicinity Map
Ill
0.75 l.5 2.25 mi
LAKE SPRINGS RANCH
Preliminary Plan/PUD Amendment Application
Date: October 14 , 2025
Lake Springs Ranch | Subdivision Preliminary Plan & PUD Amendment
December 2025
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Figure 2 is an Illustrative Site Plan showing the layout of the proposed amended
subdivision. A slight realignment of the segment of High Alpine Drive that crosses
SVR property and connects to CR 115 is proposed to better align with the
location of the intersection for High Grange Pass Road on the Spring Valley
Ranch property to the north. The revised alignment is depicted with dashed
lines on the Illustrative Site Plan. The proposed realignment and terms of the
easement are addressed in an amended easement agreement that was
executed between the Applicants and SVR (Exhibit 9). The easement
agreement allows all forms of surface access between County Road 115 and
Lake Springs Ranch for all residential uses that are legally permitted on the
property, as well as the installation and maintenance of underground utility lines.
The amended preliminary plan includes other changes to accommodate the
reduced lot count. For example, the drainage plan has been redone to reflect
the significant reduction in impervious surface and the fact that there will be no
residential lots on the west side of CR 114. The basic strategy for drainage
remains the same but the amount of detention storage on the Sod Farm parcel
has been reduced. Several improvements, necessary for the development of
the Lake Springs Ranch subdivision, including the detention area and several
other utility and roadway intersection improvements, will be located on the Sod
Farm parcel, which has been sold to Plus Lazy K, LLC. To preserve the
Applicants’ ability to develop these facilities, the Applicants and Plus Lazy K, LLC
executed a “Property Use and Easement Agreement” included as Exhibit 10.
The Agreement covers all facilities and construction activities required to
develop the amended subdivision in compliance with Resolutions 2016-35 and
36 (Exhibits 11a and b), which memorializes the terms and conditions for the
most recent amendment to the Preliminary Plan and PUD zoning. A complete
list of the amendments being sought at this time is provided below.
A) Proposed Preliminary Plan Amendments
A1. Remove the land on the west side of CR 114 from the subdivision
preliminary plan.
A2. Reduce the size of Tract A and subdivide it into ten lots and common
areas as needed to accommodate the required for-sale affordable
housing mitigation units.
A3. Increase the open space area by reallocating some of the land from
the Cluster Housing District (Tract A) to open space. This increases the
total amount of open space by 6.63 acres.
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A4. Revise the building envelope on Lot13, Block 1 (former Lot 13, Block 3)
to create a minimum setback of twenty-five feet along the lot lines
that abut the open space adjacent to the pond, as recommended in
the Lake Springs Ranch Historic Resource and Archaeological Report
(Exhibit 12).
A5. Amend the drainage plan to accommodate the reduction in the
number of residential lots and associated impervious surface. This
results in a slight reduction in the area necessary for stormwater
detention on the Sod Farm parcel.
A6. Provide entry signage and landscaping at the intersections between
three of the subdivision roads and County Road 114.
A7. Other adjustments to utility facilities as needed to serve the revised
subdivision.
A8. Reduce the water storage tank from 400,000 to 350,000 gallons.
B) Proposed Changes to Conditions of Approval (Resolution No. 2016-35)
B1. Condition #6 - Agreements: Eliminate this condition as statutory
vesting for the amended preliminary plan (3 years) exceeds the
expiration date described.
B2. Condition #8c – Plat Notes: Eliminate this condition since the land
included in Block 2 is being removed from the subdivision.
B3. Condition #10 – Water: Eliminate this condition as the well permit for
Well D has already been updated (Exhibit 13).
B4. Condition #11 – Water: Eliminate this condition as the required 24-hour
pump test and water quality report have been completed and the
results are provided in Exhibit 14 of this application.
B5. Condition #12 – Water: Eliminate, the residence located at 3961 will no
longer be part of the subdivision.
B6. Condition #13 - Water: Eliminate this condition as looping the water
system has been studied and found not to be necessary (see Exhibit
15a - Engineering Utility Report).
B7. Condition #15 – Water: Eliminate this condition, revised drainage
report (Exhibit 16) shows that detention will not be required in this pond.
B8. Condition #18 – Access Permits: Eliminate this condition, Traffic Impact
Report (Exhibit 17) finds that a State Highway Access Permit is not
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required since the increase in traffic associated with the project is well
below the 20% threshold specified in the State Highway Access Code.
B9. Condition #20 – Roads: Revise this condition to clarify that there will be
only three separate accesses onto CR 114 and one access onto CR
115.
B10. Condition #22 – Roads: Eliminate this condition as the geotechnical
investigation was done for the Filing 2 Final Plat process (see Exhibit 18
Kumar Report) and the cross section was provided (see Exhibit 19).
B11. Condition #27 – Historic Preservation: Modify this condition to reflect
that the required further investigation of the potential prehistoric “open
hearth camp” has been conducted and the findings are provided in
Exhibit 12.
B12. Condition #28 – Historic Preservation: Eliminate this condition as Lot 3,
Block 2 is being removed from the subdivision.
C) Proposed PUD Zoning Amendment Items
C1. Remove the land on the west side of CR 114 from the PUD zoning and
rezone those lands to the Rural zone district.
C2. Revise the PUD Guide and PUD Zone Map to eliminate the Agricultural
Preserve District and the related use restrictions and dimensional
standards.
C3. Revise the PUD Zone Map to reflect changes to the Residential Cluster
Housing, Residential Single-Family, and Open Space zone districts in the
area of Tract A.
C3. Amend the phasing plan to show development of the subdivision in a
single phase. Note that the lot and block numbering system will remain
the same but there will be a single final plat filing.
Note: Rezoning for the lands being removed from the PUD is addressed in a
separate companion application.
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FIGURE 2
Illustrative Site Plan
Source: TG Malloy Consulting, LLC
LEGEND
D Single-Family Residential (SFR)
D Affordable Housing (AH)
D Open Spa ce (OS)
• Existing Vegetation Retained
-.r Trails
CR 119
CR 119 future Right-of-Wa y
d
Figure 2 -Illustrative Site Plan
N
~~ 0 400 800ft ---=====:::::i
Acres % Total
Total Acreage 203.74 100%
SFR 94 .35 46 .3%
AH 1.56 0 .8%
OS 84.54 41 .5%
ROW 23 .29 11 .4%
Lots/Units #
Total 94
SFR Lots 84
AH Units 10
Density 2 .17 AC/DU
LAKE SPRINGS RANCH
Preliminary Plan/PUD Amendment App lication
Date: October 15 , 2025
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The elimination of condition number 15 is being requested since no additional
impoundment will be needed under the current drainage strategy. The current
drainage plan does not require any additional water impoundment in the
existing pond on the east side of CR 114 (East Pond). To be clear, the drainage
plan reviewed in 2016 would not have required any additional water
impoundment in the East Pond either since the detention area on the Sod Farm
is more than adequate for the anticipated stormwater runoff.
One additional note regarding the revised drainage plan. During the prior
Preliminary Plan reviews in 2012 and 2016, High Country Engineering determined
that there will not be an increase in runoff from the property during the 25-year,
24-hour storm event. The drainage report (Exhibit 16) has been revised to reflect
the change in stormwater runoff associated with the reduced number of
residential lots and the related reduction in impervious surface. The required
detention storage for the site has been reduced to the extent that the 100-yr,
24-hr storm detention volume can be provided at a similar depth to the old 25-
yr, 24-hr detention pond depth. Therefore, the proposed detention area will
now detain the difference in runoff between the existing 100-yr, 24-hr storm
event and the proposed 100-yr, 24-hr storm event from the contributing
basin. The overflow from the detention area will be via a 1.5-foot-deep, 99-foot-
long weir along a two-track ranch road which is parallel to, and south of, the
existing CR 119 roadway. The weir will be just south of the existing fencing, which
is assumed to mark the south edge of the prescriptive easement for CR 119. This
weir is designed to allow the historic 100-yr, 24-hr flow out of the detention pond
and into a wide ditch along the south side of CR 119. The runoff from the site will
be reduced for the existing condition for all storms smaller than the 100-yr, 24-hr
event. CR 119 does not require any improvements as part of the drainage
design. Since the Applicants dedicated right-of-way for the future realignment
of CR 119 to the County in 2021 (Exhibit 20), this area will require adjustments in
the future to center the CR 119 roadway in the right-of-way easement and shift
the pond weir out of the right-of-way.
REQUESTED APPROVALS & SUBMISSION REQUIREMENTS
Application Submission Requirements
The Applicant is seeking PUD and Preliminary Plan amendment approval for the
Lake Springs Ranch PUD as stated in the Pre-application Conference Summary
provided in Exhibit 4. This application includes the maps and other
documentation required for review of the requested amendments. The
submittal requirements from the Pre-application Conference Summary are listed
below along with the location in this application where each item can be
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found. The bold text indicates whether a particular item satisfies the submittal
requirements for one or the other of the requested approvals (PUD Amendment
or Preliminary Plan Amendment) or both. The review criteria and submission
requirements for the proposed PUD Zoning Amendment are addressed in a
separate application.
The regulatory documents and code sections containing the submission
requirements and review criteria are addressed in the Review Criteria section of
this application. A complete list of all maps and exhibits is provided in the table
of contents.
List of Application Submission Requirements
4-203.A & B General Application Materials:
Application Forms: Exhibit 1 (both).
Ownership Documentation: Exhibit 2 (both).
Statement of Authority: Exhibit 3 (both).
Fee Payment & Payment Agreement Form: Provided at submission.
Pre-application Conference Summary: Exhibit 4 (both).
List of Property Owners within 200 feet: Exhibit 5 (both).
Mineral Rights Information: Exhibit 6 (both).
Project Description: See Introduction of this application (both).
4-303.C Vicinity Map: Figure 1 (both).
4-203.D Site Plan: See Preliminary Plan Drawings (Exhibit 21 – Sheet 2)
4-203.E Grading and Drainage Plan: Exhibit 15b – Sheets GR-0 to GR-5
(preliminary plan)
4-203.E(18) Weed Management Plan: Exhibit 33.
Previous Approval Resolutions: Exhibit 11 (both).
5-302.C Compliance with Article 7; Divisions 1, 2, 3 and 4: See Review
Criteria section of this application (preliminary plan).
5-402.D Preliminary Plan Map: (preliminary plan).
Approved: Exhibit 8.
Proposed: Exhibit 21.
Preliminary Landscape Plan: Exhibit 34.
5-402.I Proposed Third Amended Covenants, Conditions, Restrictions &
Easements: Exhibit 30 (preliminary plan).
6-203 PUD Zoning Amendment: Addressed in narrative.
6-302.A PUD Plan: (PUD).
Existing PUD Guide & PUD Zoning Map: Exhibit 22.
Proposed PUD Guide & PUD Zoning Map: Exhibit 23.
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6-401 PUD Development Standards: See Review Criteria section of this
application (PUD).
8-201(A) Affordable Housing Plan and Agreement: See Review Criteria
section of this application and Exhibit 31 (both).
5-401 Improvements Agreement: Exhibit 32 (preliminary plan).
Since the property includes federally held mineral rights, we have included an
update regarding the status of mineral rights (Exhibit 6). This exhibit includes the
completed Certificate of Mineral Owner Research form (Exhibit 6A); a 2015
Mineral Rights Update (Exhibit 6B); and two mineral assessment reports (Exhibits
6C and 6D), which have been provided to the County with previous land use
applications. These reports conclude that the probability of surface mining
occurring on the property is so remote as to be negligible.
REVIEW CRITERIA – PRELIMINARY PLAN AMENDMENT
The regulatory provisions for the requested preliminary plan amendments are
addressed below. Discussion regarding compliance with the Garfield County
Comprehensive Plan is addressed first and is intended to apply to both the
Preliminary Plan and PUD amendment requests. The Community Development
Department has determined that the proposed amendments do not qualify as
minor and must be reviewed pursuant to the standards for substantial
modifications. The contents of this application have been prepared based on
this direction.
Compliance with Article 7: Standards (Divisions 1 through 4)
Section 5-302.C specifies that applications for preliminary plan amendments
demonstrate compliance with the standards in Article 7, Divisions 1 through 4 of
the Land Use Code, which are addressed below.
DIVISION 1- GENERAL APPROVAL STANDARDS
7-101 Compliance with Zone District Use Restrictions: The Land Use Change shall
comply with Article 3, Zoning, including any applicable zone district use
restrictions and regulations.
Applicant’s Response: The underlying zoning in this case is the existing PUD
which was last amended in 2016. Regarding the Subject Property, this
application proposes no changes to the allowed density, uses, or any other
aspect of the PUD zoning as outlined in the 2016 PUD Guide. The recorded PUD
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Guide is attached to Resolution 2016-35, which is included as Exhibit 11a. A
copy of the existing PUD Guide with a full color PUD Zoning Map is provided as
Exhibit 22. A revised PUD Guide has also been provided with this application
(Exhibit 23). The revised PUD Guide includes a revised PUD Zoning Map which
reflects the removal of the land on the west side of CR 114 from the PUD zoning.
Other changes address the elimination of the AG/Preserve district and the
related development standards. Preservation of the sod farm for agricultural
use and open space uses is achieved through the provisions and restrictions
contained in the conservation easement which now encumbers all the land
within the Lake Springs Ranch PUD on the west side of CR 114, including the sod
farm. Rezoning of the sod farm and the other land within the PUD to the Rural
zone district is being requested via a separate application as previously
mentioned.
7-102 Compliance with Comprehensive Plan and Intergovernmental
Agreements: The Land Use Change is in general conformance with the Garfield
County Comprehensive Plan and complies with any applicable
intergovernmental agreement.
To the Applicant’s knowledge, there are no intergovernmental agreements that
affect the Subject Property. Regarding compliance with the Comprehensive
Plan, the Applicants offer the following response.
Applicant’s Response: The proposed PUD/Preliminary Plan amendment is the
outcome of the Berkeley Family’s phased land conservation strategy, which
began in 2004 and has resulted in the preservation of approximately 254 acres
of land for open space, agriculture, wetlands, and wildlife habitat uses. Support
for the preservation of lands that contain these characteristics can be found in
several policies in the Garfield County Comprehensive Plan 2030 (Comp Plan)
including the overall vision statement for the County which reads as follows:
Garfield County Vision Statement
“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.”
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The following are policy statements from various chapters of Comp Plan that
demonstrate support for land conservation and, by association, the proposed
Preliminary Plan amendments.
Section 5: Recreation, Open Space and Trails
Policy 2: Support the protection of public access to rivers, streams and public
lands along with the preservation of valuable outdoor recreation and open
space lands.
Strategies 2(iii). Continue to coordinate with existing land conservation
organizations in their efforts to provide tools for landowners and the public to
conserve property.
Section 6: Agriculture
Vision: Promote and protect local agriculture through the adoption of policies
designed to strengthen the agricultural sector of the economy, conserve
agricultural lands for agricultural uses, protect the natural resources that sustain
agriculture in Garfield County and preserve Garfield County’s rural character.
Background & Key Issues:
1. Agricultural enterprises and activities are an important sector of the
Garfield County economy as well as a key aspect of Garfield County’s
current and historic character. The Comprehensive Plan fosters and
promotes a diverse and sustainable agricultural economy as an integral
part of its activities to conserve and preserve agricultural lands in the
county.
2. The protection and preservation of agricultural lands is important to
continued agricultural uses in the County. The Comprehensive Plan calls
for urban growth to be located within or adjacent to existing communities
to eliminate sprawl and to preserve agricultural lands for continued
agricultural use. The preservation of water resources for agricultural
purposes is also encouraged through land use regulations and
conscientious water use practices.
Policies & Strategies:
Policy 2: Encourage the preservation and protection of existing agricultural
land.
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Section 8: Natural Resources, Habitat and Wildlife
Vision: Ensure that natural, scenic, ecological, and critical wildlife habitat
resources are protected and/or impacts mitigated. Protect existing access to
natural resources and ensure appropriate reclamation measures occur after
extraction processes. Direct incompatible development away from
ecologically sensitive areas. Preserve natural drainage patterns and
cooperatively manage drainage that impacts communities.
Policy 1: Encourage the protection and preservation of critical wildlife habitat.
Future Land Use Map:
The proposed amendments to the PUD/Preliminary Plan also conform with the
Future Land Use Map in the Comp Plan. The Future Land Use Map shows the
Subject Property within the Residential Medium High (RMH) future land use
designation (see Figure 4). The description of this designation is provided in the
excerpt from the Future Land Use Chapter of the Comp Plan below (Figure 3).
The list of appropriate uses for the RMH future land use designation includes
residences and clustered residential subdivisions with densities of 1 dwelling unit
per 2 to 6 acres. The gross density of the Lake Springs Ranch subdivisions, as
currently proposed, is 1 dwelling unit per 2.17 acres. The calculation is provided
below.
Gross Density Calculation (Only East-Side Land)
203.74 acres/94 dwelling units (including 10 AH units) = 2.17 Acres/DU
The gross density of the approved 2016 Preliminary Plan was 3.53 Acres/DU,
which is lower than the current proposal. This is because the 2016 Preliminary
Plan included the large Agricultural Preserve area, which is now being
eliminated from the PUD due to the land having been conserved. Since the
conserved land is essentially open space, a more equitable comparison would
be to include the acreage of the entire Lake Springs Ranch property, as of 2016,
in the calculation for the current gross density. The calculation below
demonstrates that the gross density for the entire Lake Springs Ranch property is
significantly lower than anticipated in the 2016 Preliminary Plan.
Gross Density Calculation (Including West-Side Land)
459.38 acres/94 dwelling units (including 10 AH units) = 4.89 Acres/DU
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FIGURE 3
Future Land Use Table (Excerpt)
FIGURE 4
Future Land Use Map (Excerpt)
7-103. Compatibility. The nature, scale, and intensity of the proposed use are
compatible with adjacent land uses.
Applicant’s Response: The proposed PUD/Preliminary Plan amendments stem
from a substantial reduction in the size of the Lake Springs Ranch subdivision due
to land conservation on the west side of CR 114. The approved Preliminary Plan
Future Land Use
Designation
Description
Compatible
Zoning District(s)
Density of
Residential Uses
Dote : November 28 , 2025
-Residential Medium High (RMH)
Smal l farms, estates, residences and clustered residentia l subd iv isions.
Ru ral (R); Planned Unit Development (PUD)
1 dwel l ing un it per 2 to 6-acres . W ith i n this range, dens ity is determ i ned by the degree of
clustering and the amount and qua lity of land preserved in open cond ition.
Res L (10+ Ac/Du)
Res M (6 TO <10 Ac/Du)
LEGEND
Future Land Use
Res MH (2 to 6 Ac/Du)
Res M (6 to 10 Ac/Du)
Res L (10+ Ac/Du)
LAKE SPRINGS RANCH REZONING
Figure 4 -Existing FL UM
D Institutional Land Use Overlay
Public Lands & Open Space
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has been found to be compatible with the adjacent land uses on several
occasions in the past, including during the review of the most recent Preliminary
Plan amendment in 2016. The proposed reduction in the number of lots and the
related sterilization of the land on the west side of CR 114 will only make the
remaining developable lots more compatible with the surrounding uses. The
Spring Valley Ranch (SVR) property to the north has an approved Preliminary
Plan that includes 577 dwelling units. A substantial amendment to this plan was
submitted to the County in May of 2023; however, the application was
withdrawn by the SVR owners in 2025.
Figure 5 is a map showing the proposed land use pattern on the Lake Springs
Ranch property in the context of the uses on the surrounding properties. As
illustrated on map, the nature, scale and intensity of the proposed uses on the
Subject Property are compatible with the surrounding land uses. The conserved
portion of the former Lake Springs Ranch property, which the Applicants are
seeking to remove from the PUD with this application, is depicted with a solid
green color on the figure. The Sod Farm parcel is shown with a diagonal cross
hatch. The uses on these parcels are limited by a conservation easement to
agricultural, open space, single-family residential and the existing landscape
products distribution business.
The approved Preliminary Plan for the SVR property to the north is shown with
simple black lines on Figure 5. The other surrounding properties are labelled with
the owner’s name and the existing land use. The existing uses on the
surrounding properties are primarily open space, agriculture and large-lot single
family residential in nature. Currently, the SVR land to the north is used for hay
production and open space. However, the property has an approved
Preliminary Plan which allows a variety of residential densities and supporting
recreational uses. The approved Preliminary Plan shown in Figure 5 has open
space, and a cluster of residential lots, ranging in size from less than .5 acre to 1
acre, in the area adjacent to Lake Springs Ranch.
The Nieslanik property to the southeast is also used for hay production and
cattle grazing. Colorado Mountain College owns the land to the east, south
and southwest of the Subject Property. The CMC parcel to the east is covered
with shrubs and is primarily unused open space. The CMC land to the south
and southwest is a mix of shrubland, grazing and wetlands. To the west are two
open space parcels that are part of the Elk Springs subdivision, as well as a large
parcel owned by Elk Mesa Properties, which is comprised of a steep shrub
covered slope and an upper plateau that is used for hay or other grass
production. The parcel on the northwest corner of the Subject Property contains
a few storage buildings or trailers but otherwise seems to be vacant.
Lake Springs Ranch | Subdivision Preliminary Plan & PUD Amendment
December 2025
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FIGURE 5
Surrounding Land Use Map
Source: TG Malloy Consulting, LLC
/
OSPPARCEL .....
ELK SPRINGS
HOMEOWNERS
ASSOCIATION INC
(Open Space J
LEGEND
LSR PROPOSED LAND USE
D Single-Family Residential
Open Space
-Multi-Family Residential
IZ:a Sod Farm Parcel
D Conserved Portion of LSR
OUT
ARCEL
SPRING VALLEY
HOLDINGS LLC
COLORADO
MOUNTAIN JUNIOR
COLLEGE DISTRICT
(lnstltutlonal-Open
Space)
,OSR PAACEL-E
COLORADO
MOUNTAIN JUNIOR
COLLEGE DISTRICT
(Institutional -Open
Space)
J & S NIESLANIK
LLLP
(Agriculture)
Figure 5 -Surrouding Land Use Map
A o ~ 400 800 ft
LAKE SPRINGS RANCH
Preliminary Plan/PUD Amendment Application
Date: November 25, 2025
Lake Springs Ranch | Subdivision Preliminary Plan & PUD Amendment
December 2025
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7-104 & 105. Source of Water. All applications for Land Use Change Permits shall
have an adequate, reliable, physical, long term, and legal water supply to serve
the use, except for land uses that do not require water, or that contain
Temporary Facilities served by a licensed water hauler.
Applicant’s Response: The proposed water supply system has been reviewed
and found to be adequate by the County on several prior occasions. The
Applicants are proposing to develop a centralized water system with a water
storage tank, water treatment shed and supply lines to all lots. The storage tank
is located on the north face of a hill located on the easternmost portion of the
Subject Property and will be backdropped by the hillside to reduce its visual
impact. The system will be served by two wells (Wells D and E) with Well E serving
as the primary and Well D as a backup. A full description of the proposed water
supply system is provided in the report from Zancanella and Associates (Exhibit
14) and the Engineering Utility Report from High Country Engineering (Exhibit 15a
and 15b). Water rights for the project are addressed in a letter from Ryan Jarvis
(Exhibit 13). Together these reports constitute a water supply plan meeting the
requirements of Section 4-203(M)(1)(c) of the LUDC.
The proposed system remains fundamentally unchanged from the system that
was reviewed by the County for the Filing 2 Final Plat process in 2018 and for the
Preliminary Plan amendment process in 2016. The only revisions to the system
are that the delivery system (piping) will be limited to the remaining
developable lots on the east side of CR 114 and the storage tank will be
reduced from 400,000 to 350,000 gallons in response to the reduction in the
number of lots. The analysis regarding the tank size considers all requirements for
domestic use, fire suppression and firefighting.
The proposed water system was reviewed in 2017 by the CDPHE for compliance
with the State of Colorado Design Criteria for Potable Water Systems. The system
design was found to meet or exceed the design criteria as confirmed in the
June 28, 2017, CDPHE letter (Exhibit 24). The system that was reviewed by the
State was originally designed to serve the larger subdivision with 118 free-market
lots and 12 multi-family affordable housing units. The current system will only
serve 84 free-market lots and 10 multi-family units, a reduction of 36 residential
units.
Lake Springs Ranch | Subdivision Preliminary Plan & PUD Amendment
December 2025
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7-106. Public Utilities. Adequate Public Utilities shall be available to serve the
land use.
Applicant’s Response: Existing cable TV and electric lines are available to the
Subject Property. The proposed development will tie into existing electric
overhead power lines that run east and west near the southern boundary line.
The existing cable TV is located in the County Road 115 right-of-way. The
nearest gas main is approximately one mile south of the proposed
development, just north of County Road 114. The tie-in would be located at the
Los Amigos regulation station. Wasterwater service will be provided by the
Spring Valley Sanitatoin District. Will serve letters for these utitlies have been
obtained and are inluded in the Engineering Utility Report (Exhibit 15a).
7-107 Access and Roadways: All roads shall be designed to provide for
adequate and safe access and shall be reviewed by the County Engineer.
D. Road Dedications.
All rights-of-way shall be dedicated to the public and so designated on the Final
Plat. They will not, however, be accepted as County roads unless the BOCC
specifically designates and accepts them as such.
E. Impacts Mitigated.
Impacts to County roads associated with hauling, truck traffic, and equipment
use shall be mitigated through roadway improvements or impact fees, or both.
Applicants’ Response: No changes are contemplated to the proposed
roadway system for the land that will remain within the Lake Springs Ranch
subdivision. All subdivision roads on the west side CR 114, are being eliminated
from the Preliminary Plan. The proposed road system on the east side of CR 114,
including the intersections with CR 114, has been reviewed by the County on
several prior occasions and found to comply with the standards in this section.
The only change to the subdivision roads and access points proposed at this
time is the slight realignment of the northernmost segment of High Alpine Drive
and the point of intersection with CR 115. Figure 6 is a drawing comparing the
current proposed alignment and the alignment shown on the Preliminary Plan
that was approved in 2016. This drawing illustrates that the approved and
proposed alignments and intersection locations are very similar and that the
proposed alignment will not significantly alter sight distance for the turning
movements onto CR 115.
Lake Springs Ranch | Subdivision Preliminary Plan & PUD Amendment
December 2025
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To understand why this change is needed, it will be helpful to review some
background information. The alignment for High Alpine Drive shown on the
approved Lake Springs Ranch Preliminary Plan was based on an easement
agreement that was drafted in 2011 between the Applicant and Spring Valley
Ranch, Inc., then owner of the SVR property. Unfortunately, this easement was
never fully executed, leaving a prior agreement, executed in 2001, as the
easement of record. The alignment associated with the 2001 easement was
based on a different layout for SVR. The prior layout, which has since been
revised through an amendment of the SVR Preliminary Plan, did not have an
access road in the location of the current High Grange Pass Road (see Figure 6
below). The problem, highlighted in this figure, is that the intersection offset
between the 2001 alignment for High Alpine Drive and the approved location of
High Grange Pass Road is only 150 feet, which does not meet the County’s
minimum standard of 200 feet (per LUDC Section 7-107(F)(2)). This caused the
Applicant and the current SVR ownership to negotiate a new easement
agreement (Exhibit 9), to establish a zero-offset intersection that meets County
road standards and works better for both projects.
The approved Preliminary Plan includes a set of improvements to CR 114 as
mitigation for the road impacts associated with the project. No change is
proposed regarding these improvements with this application. The
improvements include realignment of CR 114 near the East Pond as well as other
minor adjustments to the road alignment through the Lake Springs Ranch
property and a widening of the road and shoulders. In addition, the approved
Preliminary Plan shows a new right-of-way for CR 114, which follows the new
road alignment and widens the right-of-way from the current 60-foot width to
80-feet, matching the right-of-way width identified on the preliminary plan for
the adjacent Spring Valley Ranch project. The Applicant will dedicate the new
right-of-way for CR 114 to the County at the Final Plat stage of the review
process.
Lake Springs Ranch | Subdivision Preliminary Plan & PUD Amendment
December 2025
- 20 -
FIGURE 6
High Alpine Drive Easement Alignment Comparison
Source: High Country Engineering
I
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EXISTING
60.0' R.O.W.
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PROP ERTY / ~ •
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VALLEY OF SPRING
PARCEL 16"0iflNGS, LLC / C) . 3720100168 Z '52
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GP.Rl'°\€1.-0 col..lt-l"f'( F.0"-0 t,iO· \ \ 5
PROPOSED
BLOCK 3
LO T 35
CURRENTLY ACCESS AN PROPOSED
EASEMENT D UTI LI TY
PROPOSED DRIVE CENT~~GH ALP INE
S 89'53'24" LIN E
62.19' W
1388.94'
S 89 '53'24" W
Moii-iiRADO
DISTRICTIN JUNIOR
---..1..------------~COLLEGE
Lake Springs Ranch | Subdivision Preliminary Plan & PUD Amendment
December 2025
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The cost of the planned improvements to CR 114 is estimated to be $1.53 million.
This exceeds the road impact fee associated with the project, an estimate for
which is provided on page 15 of the Traffic Impact Study prepared by SGM
(Exhibit 17). During the review of the previous Preliminary Plan Amendment
application in 2016, the County agreed that the cost of any improvements to
the county road could be deducted from the required road impact fee (see
Condition 2 of Resolution 2016-35 – Exhibit 11a). The exact amounts of the road
impact fee and final estimated cost for the improvements to CR 114 will be
determined at the final plat stage of the review process. Draft language for the
terms and conditions related to the deduction from the Road Impact Fee are
included in the Draft Subdivision Improvements Agreement (Exhibit 33)
One issue regarding the proposed CR 114 improvements, identified during the
2016 Preliminary Plan review and persisting in this proposal, is the need to
address a temporary condition related to the existing and future CR 114 right-
of-way boundaries relative to the existing travel lanes. As shown in Figure 7, the
solution involves vacating the existing CR 114 right-of-way upon dedication of
the new 80-foot right-of-way and creating a temporary access easement for the
segment of the existing CR 114 travel lanes that would remain outside of the
new right-of-way until construction of the proposed improvements have been
completed. The temporary easement will be drafted so that it will sunset when
the realignment of CR 114 is completed.
Lake Springs Ranch | Subdivision Preliminary Plan & PUD Amendment
December 2025
- 22 -
FIGURE 7
Temporary CR 114 Right-of-Way Condition
Source: High Country Engineering
EXISTIN G PA\1:MENT
TEMPORARY
ACCESS ANO uii~~~ASE~~tf
PROPOSED ROAD CENTERLI NE
PROPOSED R.O.W.
EXISTI NG R.O.W. EASEMENT
EASE].tENT
SETBA CK
RIVEN DELL
SOD FARM
COLORADO
MOUNTAIN
COLLEGE
"""'" C-ONSTRUcn~ Hli;J /
N-M-"2:HO"W
10.00'
/
/
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/
if
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"-'"'"
---'~
,,; '""' -------
R.o.i.: 1),-
OPEN SPACE
PARCELF
Lake Springs Ranch | Subdivision Preliminary Plan & PUD Amendment
December 2025
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7-108. Use of Land Subject to Natural Hazards.
Land subject to identified Natural and Geologic Hazards, such as falling rock,
landslides, snow slides, mud flows, radiation, flooding, or high water tables, shall
not be developed unless it has been designed to eliminate or mitigate the
potential effects of hazardous site conditions as designed by a qualified
professional engineer and as approved by the County.
Applicant’s Response: The only natural hazard mapped for the property is a
small area of high-water table located near the pond (see Figure 8). As the
figure shows, the mapped area only slightly encroaches on a few lots and, in all
but two cases, avoids the building envelopes entirely. Among the primary
concerns with saturated soils is poor suitability for septic systems. Since
wastewater for the proposed project will be handled though the SVSD
wastewater collection and treatment system, concerns related to septic system
functioning and potential groundwater contamination associated with high
water table are eliminated. All appropriate measures to address the effects of
saturated soils on the construction of roads and other improvements in the area
near the pond will be addressed prior to construction permitting.
Another geologic issue identified in the vicinity of the Subject Property is the
presence of two inferred faults, as mapped by Kirkham and Widmann (1997).
These features were not directly observed in the field but were interpreted
based on indirect geologic evidence and were referenced in preliminary
geotechnical studies conducted by HP Geotech in 1997 and 2002 for earlier
applications to amend the Lake Springs Ranch PUD (See Exhibit 26).
Consequently, the County’s 2002 approval of the Preliminary Plan Amendment
(Resolution 02-109) incorporated mitigation measures recommended by HP
Geotech. One inferred fault lies on a parcel that was subsequently transferred
to CMC through a land exchange with the Applicants. The other is located at
the base of the prominent knoll on the east side of the Subject Property and was
further evaluated by HP Geotech (now Kumar) in a 2010 study prepared for the
2012 Preliminary Plan Amendment. Findings from that study are also included in
Exhibit 26. Kumar has reviewed the current subdivision layout, which hasn’t
changed in the area where the inferred fault is located, and found that the
recommendations contained in the previous reports are still valid for the current
development plan. Kumar’s opinion is expressed in a letter dated March 10,
2023 (Exhibit 25).
Lake Springs Ranch | Subdivision Preliminary Plan & PUD Amendment
December 2025
- 24 -
FIGURE 8
High Water Table Hazard
Source: TG Malloy Consulting, LLC
LEGEND
SEPTIC SYSTEM CONSTRAINTS
-High
-Slo w
I:,
CR 119
CR 119 Future Right-of-Way
,.l
Figure 8 -High Water Table Hazard
N th 0--•40c:O ====:::i800 ft
LAKE SPRINGS RANCH
Preliminary Plan/PUD Amendment Application
Date: November 26 , 2025
Lake Springs Ranch | Subdivision Preliminary Plan & PUD Amendment
December 2025
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7-109. Fire Protection.
A. Adequate Fire Protection. Adequate fire protection will be provided for each
land use change as required by the appropriate fire protection district.
B. Subdivisions. All divisions of land must be reviewed and approved by the
appropriate fire protection district for adequate primary and secondary access,
fire lanes, water sources for fire protection, fire hydrants, and maintenance
provisions.
Applicant’s Response:
The subject property is located within the Carbondale & Rural Fire Protection
District (CRFPD) and will be provided with fire protection service by the District.
The CRFPD has reviewed the subdivision plans for Lake Springs Ranch, including
the lot and road layout, water supply plan and fire hydrant distribution on
several prior occasions and found it to be acceptable. Since the proposed
PUD/Preliminary Plan amendment memorializes sterilization of the land and
associated residential units on the west side of CR 114, the need for fire
protection service is commensurately reduced. Given that the District found the
subdivision acceptable with a larger number of units, it can be assumed that
they would find the amended version of the plan equally, if not more,
acceptable. The County requires review by the local fire district as part of the
Final Plat stage of the development review process and the Applicant will
coordinate with the CRFPD on that review as they’ve done on the prior
occasions.
DIVISION 2- GENERAL RESOURCE PROTECTION STANDARDS
7-6 -201 Agricultural Lands:
A. No Adverse Affect to Agricultural Operations - Land use changes on lands
adjacent to or directly affecting agricultural operations shall not adversely
affect, or otherwise limit the viability of existing agricultural operations. Proposed
division and development of the land shall minimize the impacts of residential
development on agricultural lands and agricultural operations, and maintain the
opportunity for agricultural production.
Applicant’s Response: The proposed Preliminary Plan Amendment is the result of
the permanent preservation of the agricultural lands on the west side CR 114,
which are currently used for sod production and related landscape material
distribution. By excluding these lands from the subdivision, the Applicants are
taking the last step to acknowledge the long-term intent to preserve the
Lake Springs Ranch | Subdivision Preliminary Plan & PUD Amendment
December 2025
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conserved land on the west side of the county road for agricultural use. The
only aspect of the currently-proposed amendments that affect the existing
agricultural operations is redesigning the drainage plan to reflect the reduction
in the number of lots and associated impervious surface. This issue is discussed
in the drainage report prepared by High Country Engineering (Exhibit 16).
Under the proposed amendment, residential development will be limited to the
east side of CR 114. The remaining residential subdivision will now be bordered
by the sod farm and the other conserved land that was formerly part of the
subdivision to the west. Residential development is not inconsistent with the sod
farm operation. Limiting the residential subdivision to the east side of CR 114
also expands the buffer between the residential development and the
surrounding agricultural and residential uses to the west of the sod farm parcel.
Agricultural use also occurs on the land owned by the Nieslanik family to the
east, which is used as grazing land for cattle. Some areas of the Lake Springs
Ranch subdivision may need to be fenced in order to avoid cattle trespass. The
remainder of the land to the east and south is owned by CMC. Most of this land
is covered with pinyon juniper and sage and is not used for grazing purposes. To
the north is the land proposed for the Spring Valley Ranch Subdivision. The
portion of the SVR property located nearest to the subject Property is not
currently used for agricultural purposes.
The proposed PUD/Preliminary Plan amendment will have no effect on the use
of existing irrigation ditches. Appropriate ditch easements will be established at
final plat, as needed.
7-202. Wildlife Habitat Areas. The Applicant shall consult with the Colorado
Parks and Wildlife or a qualified wildlife biologist in determining how best to
avoid or mitigate impacts to wildlife habitat areas.
Applicant’s Response: The impact to wildlife and appropriate mitigation
measures were thoroughly addressed during the previous Preliminary Plan
reviews in 2012 and 2016. Between the Applicant’s conservation efforts and the
prior amendments to the preliminary plan, the wildlife impacts of the subdivision
have been substantially reduced. The currently-proposed amendments will not
result in any further impacts to wildlife habitat, over that which was considered
during the prior preliminary plan reviews, since there are no changes to the
subdivision layout, or the number of dwelling units contemplated on the Subject
Property with this amendment. In fact, by removing the conserved land from
the subdivision, the proposed amendment provides further assurance that this
land will remain in agricultural and low-density residential use and will not be
Lake Springs Ranch | Subdivision Preliminary Plan & PUD Amendment
December 2025
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developed for more intense use. As discussed in the following paragraphs, long-
term preservation of the conserved area offsets some of the direct and indirect
impacts associated with development of the land on the east side of CR 114
that remains within the subdivision.
This application includes an updated Ecological Impact Report, which was
prepared by Red Mountain Environmental, LLC (Exhibit 27). This report provides
an updated summary of the existing wildlife habitat, including state- and
federally-listed threatened and endangered species, the project’s potential
impacts on the known habitat types, and recommended mitigation measures.
A brief summary of the findings and recommendations contained in the report
are provided as follows.
T&E Species: The report found that the project, as amended, would result in
either no effect at all, or no significant impact to any listed T&E species that
would rise to the level of jeopardizing the species or meaningfully impact their
populations.
Elk: Regarding Elk the report states that impacts would be limited to winter
months and it recommends closure of the proposed trails during winter months.
The report also identifies management measures for the conserved lands
intended to benefit the Elk Winter Range habitat. However, the conserved
lands are being removed from the subdivision, and such management
measures will not be in the control of a future owner or the subdivision
homeowner’s association. The report concludes that “while it is unlikely that
development of the Project would result in any noticeable or significantly
detrimental impacts to elk at the herd level, the development would
cumulatively reduce winter range foraging areas, which is a very important
habitat component given the poor condition most elk are in during the winter
season and would cumulatively reduce available elk winter range habitats.”
However, the report also acknowledges that the conserved area on the west
side of CR 114 would help offset some of the direct and indirect impacts of the
development on elk habitat.
Mule Deer: The main concern regarding Mule Deer is the potential impact from
human activities including recreation (trails) and dogs. The report notes that
trails can have significant impact on daytime habitat use. Daytime impact
associated with construction activities is also identified as a short-term concern.
The report states that “after construction, the daily human activities from
residents would likely push mule deer into open space areas, and into areas off
the (sic) of the property.” Similar to the discussion regarding Elk, the report notes
that the conservation of 240 acres of open space on the west side of CR-114
Lake Springs Ranch | Subdivision Preliminary Plan & PUD Amendment
December 2025
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would help offset the direct and indirect impacts of the development. It also
includes the same recommendation regarding management of the conserved
lands for winter range, which will become impractical once these lands are
removed from the subdivision.
The Ecological Impact Report includes several recommended measures to
further minimize the potential impacts to wildlife from the proposed
development, which are listed below. The Applicant accepts most of these
measures and we suggest that the following items be identified as conditions of
approval. As mentioned previously, the Applicant believes that the
recommended measure related to management of the conserved lands is
impractical and inappropriate since the conserved land is being eliminated
from the subdivision.
Wildlife Conditions
1. Lighting: Nighttime lighting of open spaces and beyond building
envelopes is not recommended. Downcast lighting, when needed, is
recommended. In areas where vehicle headlights “spotlight” into open
spaces, vegetated berms or dense, screening vegetation planting is
recommended to help minimize disturbance to wildlife.
2. Fencing: Aside from fencing to keep pets within building envelopes, the
development should minimize and remove other fencing. Any fencing
should be wildlife friendly (see CPW’s Fencing With Wildlife In Mind
brochure (wildlifefriendly.org).
3. Landscaping & Revegetation: Reclamation of road cuts, infrastructure
routes and temporarily disturbed areas should be done using native plant
species and vegetation profiles. Noxious weeds should be treated
aggressively in the first few years after construction to minimize weed
spread and impacts on winter range. To avoid an attractive nuisance for
bears, planting of fruit-bearing trees or shrubs should be avoided.
4. Dogs: To minimize the impacts of dogs on wildlife, the following practices
should be employed:
a. Dogs should be prohibited from running loose within the subdivision,
including contractor’s dogs.
b. Outside dog kennels should include a top panel to prevent access
by a mountain lion.
c. Pets should not be fed outside, and pet food should be stored in an
enclosed area.
Lake Springs Ranch | Subdivision Preliminary Plan & PUD Amendment
December 2025
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5. Trash: Trash should be kept inside a secure enclosure until the morning of
trash pickup. Individual bearproof trash receptacles are required.
Construction trash should be managed to have edible materials kept
inside a secure enclosure or bear proof container.
6. Construction Timing: External construction activities should be avoided
during the period from November 30th through April 1st.
Based on the recommendations in item three related to landscaping and
reclamation, all disturbed areas will be revegetated as depicted on the
Preliminary Landscape Plans (Exhibit 34). Final landscape and revegetation
plans will be provided at construction permitting.
7-203. Protection of Waterbodies.
A. Minimum Setback.
1. A setback of 35 feet measured horizontally from the Typical and Ordinary
High Water Mark (TOHWM) on each side of a Waterbody is required.
2. In the case of entrenched or incised streams, where the vertical distance
from the bank exceeds 25 feet, all activities, except for those referenced
in section 7-203.A.3, will adhere to a setback of 2.5 times the distance
between the TOHWMs or 35 feet, whichever is less.
3. A minimum setback of 100 feet measured horizontally from the TOHWM
shall be required for any storage of hazardous materials and sand and salt
for use on roads.
B. Structures Permitted In Setback.
Irrigation and water diversion facilities, flood control structures, culverts, bridges,
pipelines, and other reasonable and necessary structures requiring some
disturbance within the 35 foot setback may be permitted.
C. Structures and Activity Prohibited in Setback.
Unless otherwise permitted or approved, the following activities and
development shall be prohibited in the 35 foot setback:
1. Removal of any existing native vegetation or conducting any activity
which will cause any loss of riparian area unless it involves the approved
removal of noxious weeds, nonnative species, or dead or diseased trees.
2. Disturbance of existing natural surface drainage characteristics,
sedimentation patterns, flow patterns, or flood retention characteristics by
Lake Springs Ranch | Subdivision Preliminary Plan & PUD Amendment
December 2025
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any means, including without limitation grading and alteration of existing
topography. Measures taken to restore existing topography to improve
drainage, flow patterns, and flood control must be approved.
D. Compliance with State and Federal Laws.
Any development impacting a Waterbody shall comply with all applicable state
and federal laws, including, but not limited to, CDPHE water quality control
division regulations and the Army Corp of Engineers regulations and permitting
for waters of the U.S.
Response: Improvements related to development of the Lake Springs Ranch
Subdivision continue to require construction within the 35-foot setback of the
irrigation ponds, both on the Subject Property and on the conserved lands.
These improvements include the replacement of an existing culvert, which runs
under CR 119 near the north end of the Sod Farm parcel, with a larger culvert.
This culvert is within the 35-foot setback from the northernmost irrigation pond.
Upsizing is also planned for the culvert that carries water under the ranch road
near the middle of the Sod Farm parcel. These culverts are part of the drainage
plan improvements and were discussed during the prior Preliminary Plan
Amendment reviews in 2012 and 2016. At that time, it was agreed that these
improvements would qualify for exemption under Subsection B of Section 7-203
which allows flood control structures, irrigation water diversion facilities, culverts,
and other reasonable and necessary structures to be constructed within the 35-
foot setback. The proposed culverts will allow passage of stormwater runoff
during the 25-year event.
The Applicants also argue that the existing irrigation pond qualifies for
exemption from the definition of a “waterbody” as described in Article 15 of the
LUDC, which states:
“Waterbody” does not include irrigation ditches used for the sole purpose
of agriculture, and water impoundments.
The existing pond is essentially a widening of the irrigation ditch and is the source
of irrigation water for the adjacent sod fields.
The project also includes reconfiguration of the East Pond to accommodate
realignment of CR 114, as required by the County during the Preliminary Plan
Amendment review in 2012. These improvements include replacement of the
overflow outlet pipes and a drainage culvert to pass stormwater runoff from the
lots on the south side of the pond under CR 114. The pond embankment will
Lake Springs Ranch | Subdivision Preliminary Plan & PUD Amendment
December 2025
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also be reshaped and reinforced to ensure stability of the realigned roadway.
The details related to these improvements are shown in the Preliminary
Engineering Drawings provided as Exhibit 15b. Nothing about the proposed
realignment of CR 114 or the related work to the pond is being altered by this
application.
The Applicants will comply with all applicable State and Federal regulations
necessary for the installation of the proposed culverts.
7-204 Drainage and Erosion.
B. Drainage
1. Site Design to Facilitate Positive Drainage. Lots shall be laid out to provide
positive drainage away from all buildings.
2. Coordination with Area Storm Drainage Pattern. Individual lot drainage
shall be coordinated with the general storm drainage pattern for the area.
a. Drainage ditches shall have a minimum Slope of no less than 0.75%.
Energy dissipaters or retention ponds shall be installed in drainage
ditches where flows are in excess of 5 feet per second. Ditches
adjacent to roads shall have a maximum Slope of 3:1 on the inside and
outside edges, except where there is a cut Slope on the outside edge,
in which case the edge of the ditch shall be matched to the cut Slope.
b. Subdrains shall be required for all foundations where possible and shall
divert away from building foundations and daylight to proper drainage
channels.
c. Avoid Drainage to Adjacent Lots. Drainage shall be designed to avoid
concentration of drainage from any lot to an adjacent lot.
C. Stormwater Run-Off
These standards shall apply to any new development within 100 feet of a
Waterbody and to any other development creating 10,000 square feet or more
of impervious surface area.
1. Avoid Direct Discharge to Streams or Other Waterbodies. Stormwater
Runoff from project areas likely to contain pollutants shall be managed in
a manner that provides for at least 1 of the following and is sufficient to
prevent water quality degradation, disturbance to adjoining property, and
degradation of public roads.
Lake Springs Ranch | Subdivision Preliminary Plan & PUD Amendment
December 2025
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a. Runoff to Vegetated Areas. Direct run-off to stable, vegetated areas
capable of maintaining Sheetflow for infiltration. Vegetated receiving
areas should be resistant to erosion from a design storm of 0.5 inches in
24 hours.
b. On-Site Treatment. On-site treatment of stormwater prior to discharge
to any natural Waterbody by use of best management practices
designed to detain or infiltrate the Runoff and approved as part of the
stormwater quality control plan prior to discharge to any natural
Waterbody.
c. Discharge to Stormwater Conveyance Structure. Discharge to a
stormwater conveyance structure designed to accommodate the
projected additional flows from the proposed project, with treatment
by a regional or other stormwater treatment facility.
2. Minimize Directly-Connected Impervious Areas. The site design shall
minimize the extent of directly-connected impervious areas by including
the following requirements:
a. Drainage through Vegetated Pervious Buffer Strips. Runoff from
developed impervious surfaces (rooftops, Parking Lots, sidewalks, etc.)
shall drain over stable, vegetated pervious areas before reaching
stormwater conveyance systems or discharging to Waterbodies.
b. Techniques Used in Conjunction with Buffer Strip. The requirement that
all impervious areas drain to vegetated pervious buffer strips may be
reduced if the outflow from the vegetated pervious buffer strip is
directed to other stormwater treatment methods. Examples of other
potential techniques to be used in conjunction with vegetated pervious
buffer strip are: infiltration devices, grass depressions, constructed
Wetlands, sand filters, dry ponds, etc.
c. Grass Buffer Strip Slope Design. When impervious surfaces drain onto
grass buffer strips, a Slope of less than 10% is encouraged, unless an
alternative design is approved by the County.
3. Detain and Treat Runoff. Permanent stormwater detention facilities are
required to be designed to detain flows to historic peak discharge rates
and to provide water quality benefits and maintained to ensure function.
Design criteria for detention facilities include:
a. Detention facilities shall ensure the post-development peak discharge
rate does not exceed the pre-development peak discharge rate for
the 2-year and 25-year return frequency, 24-hour duration storm. In
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determining Runoff rates, the entire area contributing Runoff shall be
considered, including any existing off-site contribution.
b. To minimize the threat of major property damage or loss of life, all
permanent stormwater detention facilities must demonstrate that there
is a safe passage of the 100-year storm event without causing property
damage.
c. Channels downstream from the stormwater detention pond discharge
shall be protected from increased channel scour, bank instability, and
erosion and sedimentation from the 25-year return frequency, 24-hour
design storm.
d. Removal of pollutants shall be accomplished by sizing dry detention
basins to incorporate a 40-hour emptying time for a design
precipitation event of 0.5 inches in 24 hours, with no more than 50% of
the water being released in 12 hours. If retention ponds are used, a 24-
hour emptying time is required. For drainage from Parking Lots, vehicle
maintenance facilities, or other areas with extensive vehicular use, a
sand and oil grease trap or similar measures also may be required. To
promote pollutant removal, detention basins length-to-width ratio
should be not less than 2, with a ratio of 4 recommended where site
constraints allow. A sedimentation “forebay” is recommended to
promote long-term functioning of the structure. Access to both the
forebay and pond by maintenance equipment is required.
e. Culverts, drainage pipes, and bridges shall be designed and
constructed in compliance with AASHTO recommendations for a water
live load.
Applicant’s Response: Exhibit 16 is the revised drainage plan prepared by High
Country Engineering. The primary change to the drainage plan is that the
capacity of the detention area located on the Sod Farm parcel has been
reevaluated in response to the reduction in the number of lots and the related
impervious surface area. Stormwater flows will be treated before discharging
offsite, and runoff from the proposed site will be maintained at or below historic
levels for both the 25- and 100-year storm events. The proposed drainage
facilities are shown on the Preliminary Engineering Drawings (Exhibit 15b). While
the revised drainage plan requires a small amount of disturbance within the
conserved area (for weir installation and ranch road berm raising) the area of
disturbance is unchanged from when the issue was reviewed with AVLT in 2012
and they provided a letter of support at that time (Exhibit 29) indicating that the
improvements are consistent with the conservation easement. The Applicants
saw no need to seek further approval from AVLT at this time for a less impactive
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solution. The Applicants will continue to work with AVLT as more detailed
information regarding drainage improvements become available. All
disturbance associated with the proposed improvements to the existing
embankment for CR 119 and drainage culverts will be revegetated in
accordance with County standards.
7-205. Environmental Quality.
A. Air Quality. Any Land Use Change shall not cause air quality to be reduced
below acceptable levels established by the Colorado Air Pollution Control
Division.
B. Water Quality. At a minimum, all hazardous materials shall be stored and
used in compliance with applicable State and Federal hazardous materials
regulations.
Applicant’s Response: The fundamental purpose of the proposed amendments
is to eliminate the land on the west side of CR 114 from the PUD in response to
that land having been preserved through a conservation easement. The
conservation easement sterilized 110 free-market lots as compared to the
original Preliminary Plan approved in 1979. This represents a 57 percent
reduction in the number of free-market lots. This reduction translates to less
traffic, less impervious surface, less stormwater runoff, and a reduction in the
need for most utilities and services compared to the approved Preliminary Plan.
As a result, the proposed amendments will reduce the potential for air and
water quality impacts as compared to the approved plan.
7-206. WILDFIRE HAZARDS. The following standards apply to areas subject to
wildfire hazards as identified on the County Wildfire Susceptibility Index Map as
indicated in the County’s Community Wildfire Protection Plan.
A. Location Restrictions. Development associated with the land use change
shall not be located in any area designated as a severe wildfire Hazard Area
with Slopes greater than 30% or within a fire chimney as identified by the
Colorado State Forest Service.
B. Development Does Not Increase Potential Hazard. The proposed Land Use
Change shall be developed in a manner that does not increase the potential
intensity or duration of a wildfire, or adversely affect wildfire behavior or fuel
composition.
C. Roof Materials and Design. Roof materials shall be made of noncombustible
materials or other materials as recommended by the local fire agency.
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Applicant’s Response: The Applicant has provided an updated Wildfire Hazard
Review report prepared by Red Mountain Environmental (Exhibit 28). The report
provides a comprehensive analysis of the wildfire hazards, incorporating
guidance from the Garfield County Community Wildfire Protection Plan
(GCCWPP, JEO Consulting Group 2022) and offering mitigation
recommendations that align with the provisions of this section. Below is a
summary of the findings and recommendations in the context of the three key
provisions: Location Restrictions, Development Impact on Wildfire Hazard, and
Roof Materials & Design. Most of these recommendations are already
incorporated in the design of the subdivision or were assumed to be items that
would be required during building permitting. Section 8.30 of the revised
Declaration of Covenants (Exhibit 30) includes language requiring conformance
with the Wildfire Hazard Review prepared by Red Mountain Environmental. This
will allow the homeowners association to enforce the wildfire mitigation
measures contained in the report.
A. Location Restriction
Findings:
The site-specific hazard assessment utilized Colorado State Forest Service
(CSFS) hazard classification methods and on-the-ground verification to
refine hazard designations beyond county-wide mapping which was
deemed to be too coarse for this analysis.
The Lake Springs Ranch site does not contain areas classified as "Severe
Wildfire Hazard."
The highest hazard classification mapped on-site is "High Wildfire Hazard,"
which includes slopes exceeding 20% with continuous fuels.
The report identifies slopes within the development area ranging up to
35% but there are no building envelopes where the slopes are
predominantly greater than 30% and where the hazard classification is
severe.
Recommendations to Ensure Compliance:
Verify final development locations to ensure that no structures are placed
in areas exceeding 30% slope with severe wildfire hazards.
Maintain defensible space easements beyond parcel boundaries to
create additional wildfire buffers.
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Implement fuel breaks in high-risk areas to slow fire spread, particularly
where homesites are near steeper slopes (see Figure 6, Wildfire Hazard
Review).
B. Development Does Not Increase Potential Hazard
Findings:
The report identifies fire behavior risks within different hazard zones:
a) Low Hazard Areas: Grasslands and agricultural areas with minimal
fire risk.
b) Moderate Hazard Areas: Continuous fine fuels and scattered shrubs.
c) High Hazard Areas: Dense Gambel oak and mixed mountain
shrublands.
Fire modeling indicates potential flame lengths up to 20 feet in some
shrub-dominated areas, making suppression difficult.
The subdivision has fire hydrants distributed throughout, exceeding
minimum code requirements for hydrant spacing.
Mitigation Recommendations:
Defensible Space & Fuel Management:
a) Mandatory defensible space around all structures (minimum 15 feet
of cleared vegetation, extending to 80 feet in high hazard areas).
b) Homeowners’ Association (HOA) involvement in maintaining
defensible space on shared lands.
c) No new conifer trees within 20 feet of structures and removal of
ladder fuels to reduce fire intensity.
Access & Firefighting Considerations:
a) Roads provide multiple access/egress points, meeting fire
department access requirements.
b) Roadside thinning is recommended within 15 feet of road edges.
c) High-hazard road sections require additional fuel thinning within 30
feet of roads.
Water Supply:
a) Fire hydrants meet or exceed Garfield County fire flow
requirements.
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b) Structures in high hazard areas must have in-house sprinkler systems.
The Applicants would note that the project water system has been
designed assuming fire suppression systems in all homes.
c) Some sites have rural characteristics in terms of access, utilities, and
housing density. If Garfield County and the Fire District agree that
these sites are subject to standards for rural water supply, then some
fire hydrants may be located in strategic areas.
C. Roof Materials and Design
Findings:
The wildfire report categorizes roofing requirements by hazard level:
a) Low & Moderate Hazard Areas: Class A roofing material required;
wood shakes/shingles prohibited.
b) High Hazard Areas: Noncombustible roofing or Class A covering on
a Class A assembly required.
Additional construction standards for high hazard areas:
a) Vents must use non-corrosive metal mesh (maximum ¼” openings) to
prevent ember intrusion.
b) Soffits, rafters, and decks must be enclosed or constructed of fire-resistant
materials.
c) Exterior walls must be fire-rated (1-hour fire resistive materials
recommended).
Recommendations to Ensure Compliance:
Strict enforcement of noncombustible roofing materials for all structures.
Ensure all soffits, vents, and deck materials meet fire resistance standards.
Educate homeowners on proper maintenance, including clearing roofs
and gutters of debris.
7-207. Natural and Geologic Hazards.
F. Slope Development. Development on Slopes 20% or greater shall only be
permitted to occur if the Applicant demonstrates that the development
complies with the following minimum requirements and standards, as certified
by a qualified professional engineer, or qualified professional geologist, and as
approved by the County:
1. Building lots with 20% or greater Slope shall require a special engineering
study to establish the feasibility of development proposed for the site. The
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study shall address feasibility of construction required for the use and
describe the mitigation measures to be used to overcome excessive
Slope problems.
2. Development shall be permitted to occur on Slopes greater than 30% only
if the Applicant demonstrates that the development cannot avoid such
areas and the development complies with the following minimum
requirements: a. b. Cutting, filling, and other Grading activities shall be
confined to the minimum area necessary for construction. Development
shall be located and designed to follow natural grade, rather than
adjusting the site to fit the structure. Roads and driveways built to serve
the development shall follow the contours of the natural terrain and, if
feasible, shall be located behind existing landforms.
Applicant’s Response: Issues related to natural and geologic hazards are
addressed in the response to Section 7-108 earlier in this application. However,
since this section addresses development on steep slopes in more detail, we
have provided additional information on this topic in the following paragraphs.
Importantly, the proposed amendments to the Preliminary Plan do not alter the
lot configuration, building envelopes, or subdivision roads. The issue of
development on steep slopes was addressed during the prior Preliminary Plan
amendment reviews in 2012 and 2016.
Figure 9 illustrates the general slope conditions on the Subject Property and
provides a breakdown of the slopes by percent categories. This map
demonstrates that there are only a few instances where slopes within a
proposed building envelope exceed 20%, and in no case does a significant
portion of a building envelope contain slopes greater than 30%. There are a few
building envelopes that contain small, isolated areas of slopes greater than 30%;
however, the subdivision has been carefully designed to avoid steep slopes as
much as possible.
The map also shows a short segment of Lake Springs Drive that traverses an area
of steep slopes above East Pond. This alignment was selected because there’s
already a ranch road in this area which will reduce the amount of disturbance
needed to install the subdivision road. The proposed development has been
analyzed by Kumar/HP Geotech on several occasions in the past. They have
recommended a series of conditions that have been incorporated in prior
preliminary plan amendment resolutions, including Resolution 2016-35 (Condition
#8). The recommended geological conditions are not proposed to be altered
at this time.
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FIGURE 9
Slope Analysis Map
Source: TG Malloy Consulting, LLC
LEGEND
Slope Analysis
D <=20%
20 -30%
->30%
_.,.Tra il s
CR 119
CR 119 Future Right-of-Way
Figure 9 -Slope Analysis Map
N
f/}. o---4oco====::Jsoo ft
LAKE SPRINGS RANCH
Preliminary Plan/PUD Amendment Application
Date: November 26 , 2025
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DIVISION 3- SITE PLANNING AND DEVELOPMENT STANDARDS
Applicant’s Response: This section of the LUDC addresses detailed issues related
to the proposed development’s compatibility with the existing site and adjacent
uses; off-street parking and loading; landscaping; exterior lighting; trail/walkway
standards; and snow storage. Some of these site design topics are addressed in
the PUD Review Criteria discussion in the next section of this application. In
general, the Applicant intends to comply with all applicable standards in this
division and is not seeking any variations from these standards with this
application. The site layout for the subject property has been reviewed on
several prior occasions and the only significant changes to the site design are
ones which will result in greater compatibility with the standards addressed in this
division. Specifically, the Applicants are proposing to increase the amount of
open space and reduce the areas of the site devoted to cluster housing and
single-family residential development. These changes in land use occur in the
area surrounding Tract A and are proposed in response to refinements in the
Applicant’s development plans related to the proposed AH mitigation units.
DIVISION 4- SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS
7-402. Subdivision Lots.
All lots in any Subdivision shall conform to the following specifications:
A. Lots Conform to Code.
Lot area, width, frontage, depth, shape, location, and orientation shall
conform to the applicable zone district requirements and other appropriate
provisions of this Code.
1. The Lot Size may be increased for lots developed in areas posing a
potential hazard to health or safety due to soil conditions or geology.
2. Lot characteristics shall be appropriate for the location of the
development and the type of use allowed.
a. Depth and width of lots shall be adequate to provide for the
required off-street parking and loading facilities required by the
type of use and development contemplated.
b. The width of residential corner lots shall be sufficient to
accommodate the required building setback from both roads.
B. Side Lot Line Alignment.
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Side Lot Lines shall be substantially at right angles or radial to road right-of-
way lines.
C. Lots Configuration, Cul-de-Sacs.
Wedge-shaped lots or lots fronting on cul-de-sacs shall be a minimum of 25
feet in width at the front property line.
D. Lot Division by Boundaries, Roads, or Easements Prohibited.
No lots shall be divided by municipal boundaries, County roads or public
rights-of-way.
Applicant’s Response: The proposed amendments do not include changes to
the size, depth, width or configuration of any free-market lots or roadways from
the Preliminary Plan that was last approved for the Subject Property in 2016. As
discussed previously in this application, the building envelope on Lot 13 of Block
1 has been adjusted in response to comments received from the
historic/archaeologic resource consultant.
The proposed Preliminary Plan does include a new lot layout for the AH lots on
Tract A. This was done in response to amendments to Article 8 of the LUDC
adopted via Resolution No. 2023-33. Specifically, Section 8-301(B)(5) establishes
criteria for defining the level of credit (percentage) that will be granted for
projects that provide AH mitigation units on site. This provision states…”Projects
that provide Mitigation Units on-site with the same ownership or rental status as
their free-market units shall be credited at 100% in meeting the Mitigation Unit
requirements.” Therefore, to ensure full credit for the proposed AH mitigation
units, the Applicants seek to divide Tract A into 10 lots and related common
areas in order to be able to separately convey the lots/units. The proposed
layout for the AH lots is depicted below. Note that the size of Tract A has been
reduced, and additional areas of open space have been created from the
land removed from Tract A. The proposed AH lots meet all standards defined for
the Cluster Housing district in the PUD Guide, including the 50-foot setback from
the Cluster Housing District boundary. Further discussion of the proposed AH
mitigation units and lot layout is provided later in this application and in the draft
version of the Affordable Housing Plan and Agreement (Exhibit 31).
Plans for revegetation and landscaping improvements have also been provided
on the Preliminary Landscape Plans (Exhibit 34). These plans show the areas to
be revegetated as well as proposed landscaping at the main entries into the
subdivision and an outdoor gathering area near Lake Springs Pond. The plans
include an overall planting plan with a plant list, detail areas for the entries and
outdoor gathering area and landscaping at the entries as well as planting
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details for proposed shrubs and trees. Entry monument signs are planned for the
primary entries though the design of the signs has not been completed. The
signs will comply with County sign standards.
REVIEW CRITERIA – PUD AMENDMENT
In addition to removing the land on the west side of CR 114 from the PUD, the
Applicants are proposing to alter the phasing plan and amend the PUD Guide
to reflect elimination of the Agricultural Preserve District and make other
changes as needed to reflect the current number of affordable housing
mitigation units. Other revisions to the PUD Guide are described in the
Applicant’s response to criterion 6-401(A) below. The Pre-application
Conference Summary lists the regulatory provisions to be addressed for the
requested PUD amendments (see list below).
The Applicants are also proposing to alter the size and configuration of the
Cluster Housing District, add lands to the Open Space District, and slightly
reduce the Residential Single-Family District. These changes are all occurring in
the area around the Cluster Housing District/Tract A and are being done to
accommodate the proposed layout for the AH lots and to increase open space
within the PUD. These changes are depicted on the PUD Zone Map and on the
PUD Plan Map and Preliminary Plan drawings, which show the proposed layout
for the AH lots and the related changes to the Open Space and Residential
Single-Family Districts.
List of Applicable Regulatory Provisions
PUD Amendment Code Sections
Garfield County Comprehensive Plan 2030 (as amended 11/8/2013)
LUDC Section 6-201: Common Review Procedures
LUDC Section 6-203: PUD Zoning Amendment
LUDC Section 6-302: PUD Description of Submittal Requirements
LUDC Section 6-401: PUD Development Standards
Compliance with the Garfield County Comprehensive Plan was addressed in
the Preliminary Plan Amendment section of this application.
Section 6-203.B.1.b of the LUDC outlines the process for reviewing PUD
amendments and provides the criteria for determining whether particular
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amendments qualify as minor or substantial. The Community Development
Department has determined that the proposed amendment does not qualify for
minor review due to the fact that the Applicants are seeking a change to the
approved phasing plan and altering the land area included within the PUD.
Section 6-201 identifies the review procedures, required public hearings and
noticing. As a Substantial PUD Amendment, the required review process
includes noticed public hearings with both the Planning and Zoning Commission
and the BOCC. Section 6-302 describes the drawings and other information
required for a PUD or PUD amendment application. In this case, the Community
Development Director has determined the application submission requirements,
as permitted by the LUDC. The submission requirements are identified in the Pre-
application Conference Summary and are included in the list of application
submission requirements at the beginning of this application. The following
section constitutes the Amendment Justification Report required in 6-302(B),
which includes addressing the review criteria in Section 6-203(C).
Compliance PUD Zoning Amendment Review Criteria
Amendment Justification Report.
1. General description of the amendment and any supporting information
such as the proposed amendments to the PUD General Description, PUD
Technical Descriptions, PUD Plan Map, and/or PUD Plan Guide.
Applicant’s Response: A description of the proposed amendments is
provided in the “Description of Amendments” section of this application. A
revised PUD Plan Map, meeting the requirements of Section 6-302(A), is
provided as part of the Preliminary Plan Drawings Exhibit 21 and an Amended
PUD Guide is provided as Exhibit 23. The Amended PUD Guide includes a
revised PUD Zone Map, a full color map that provides the breakdown of the
PUD zone districts and includes a chart showing the approximate acreage
for each district.
A review of the PUD Technical Descriptions follows.
a. Method and calculation used to determine overall project and specific
use type densities: In addition to the change to the number of affordable
housing units, the proposed uses and densities are being altered slightly
with this application due to the proposed changes to the Cluster Housing,
Open Space and Residential Single-Family zone districts. The number of
affordable housing units and the proposed lot layout shown on the PUD
Plan Map and Preliminary Plan drawings are being revised in response to
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amendments that were made to the LUDC in 2023. These amendments
affect how rounding is used in the calculation of the required AH
mitigation units and with how credit is assigned for on-site mitigation units.
These provisions are contained in Article 8, Sections 801(A) and (B).
b. Control and governing of common wastewater facilities: Wastewater
collection and treatment will be provided by the Spring Valley Sanitation
District. Control and governing of all matters related to the District’s
services, powers and duties is described in the Spring Valley Sanitation
District Rules and Regulations , which can be found in the District’s website.
c. Control and governing of common water facilities: Water for the
subdivision will be provided by a central water system that will be owned
and managed by the Lake Springs Ranch Owners Association. Control
and management of the water system is addressed in the Declaration of
Covenants, Conditions, Restrictions and Easements (DCCRs) a draft of the
revised version for which is provided as Exhibit 30.
d. Provision of the other utilities: All utilities, except for natural gas, are
available to the site as is described in the Engineering Utility Report (Exhibit
15a).
e. Fire protection: See Applicant’s response to Section 7-109: Fire Protection
and 7-206: Wildfire Hazards.
f. Provision of Facilities Available to the Public: The proposed subdivision
does not currently, nor has it ever, included any facilities available to the
public.
g. Impacts to County Services and Facilities: The only County services that
will be regularly used by future residents of the Subdivision are schools,
police and emergency medical services. The proposed amendment is
not increasing the number of free-market units or changing the intensity of
the proposed use of the Subject Property with this application. The
proposed amendments to the PUD zoning are being sought as part of an
effort to memorialize sterilization of the land on the west side of CR 114,
through a years-long conservation effort and to accommodate the
subdivision layout for the AH housing units in the Cluster Housing zone
district. The net result of the conservation effort is a significant reduction in
the number of potential residential units within the subdivision and a
commensurate reduction in the need for County services.
h. Demonstration of Legal Access: The Subject Property is located adjacent
to CR 114, a county road for which legal prescriptive easement exits. The
Applicants will be dedicating additional right-of-way width along the
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entire length of the Subject Property at the Final Plat stage of the County
review process.
2. Evaluation of how the PUD either complies with the criteria in section 6-
203.C. for a Minor Modification or how it does not comply with the criteria.
Applicant’s Response: A discussion of compliance with the criteria in Section
6-203(C) follows:
1. Conform to the Comprehensive Plan: See Applicant’s response to Section
7-102 of the LUDC, earlier in this application.
2. Efficient development of the site and preservation of character:
Compliance with this criterion is demonstrated in the Applicant’s response
to Sections 7-103: Compatibility; 7-402: Subdivision Standards and Design
Specifications; and 6-401 PUD Development Standards.
3. Not an increase in density. The proposed density of the PUD is described
in the Applicant’s response to Section 7-102: Compliance with
Comprehensive Plan and in the response to Section 6-401(C) below. No
significant change to the proposed density for the land that remains
within the subdivision is contemplated with this amendment.
4. No decrease in the amount of dedicated open space: The proposed
amendments to the PUD result in an increase in the amount of proposed
open space. This was achieved by reducing the acreage associated with
the Cluster Housing District and shifting that acreage to the Open Space
District. The result is an increase in the amount of open space of
approximately 6.6 acres over the approved Preliminary Plan. The PUD, as
amended, will contain 84.54 acres of open space, which translates to
41.5% of the total acreage of the Subject Property. If we consider the
land that has been conserved on the west side of CR 114, the amount of
effective open space associated with the proposed PUD amendment is
increasing significantly.
5. No adverse effect on adjacent land: See Applicant’s response to Section
7-103: Compatibility.
6. No change to the use category (residential versus commercial or
industrial): The proposed uses of the land that is remaining within the PUD
will continue to be residential and open space. The allowed uses are
described in the draft Amended PUD Guide(Exhibit 23).
7. Not granted solely to confer a special benefit on anyone: The proposed
PUD Amendments are being sought at the direction of the County and to
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memorialize the conservation status of the land on the west side of CR
114. No special rights or benefits, beyond those inherent in the approved
PUD zoning, are being created or conveyed.
8. Shall not affect the rights of the residents, occupants, and owners of the
PUD to maintain and enforce those provisions at law or in equity. Nothing
about the proposed PUD amendments will alter the ability of residents,
occupants, or owners within Subdivision to enforce the original or
amended PUD provisions through legal means. The PUD Guide, DCCRs
and other Association documents are being revised only to reflect the
changes to the Subdivision related to the removal of the land on the west
side of CR 114 from the PUD. All rights, responsibilities and obligations
conferred in the approved and recorded DCCRs (Second Amended and
Restated Declaration of Covenants, Conditions, Restrictions and
Easement for Lake Springs Ranch PUD), are retained in the amended
version of the document (Exhibit 30).
Compliance with Section 6-401 PUD Development Standards
6-401 PUD Development Standards: At the time of zoning as a PUD, the
Applicant may request that the BOCC modify the specifications, standards, and
requirements to which the parcel(s) would be otherwise subject based on the
zone district requirements set forth in Article 3. The BOCC may grant a
modification if the Applicant demonstrates that the proposed specifications,
standards, and requirements meet support the purpose of the PUD. In addition,
the PUD Plan shall meet the following criteria:
A. Permitted Uses.
1. Permitted uses within the PUD are all uses that are either permitted in the
underlying zone district or are in general conformance with the
Comprehensive Plan.
2. Upon approval, the uses that shall be permitted in any particular PUD shall
be those permitted by the PUD Guide.
B. Off-Street Parking.
The PUD shall provide parking areas adequate in terms of location, area,
circulation, safety, convenience, separation, and screening.
C. Density.
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1. Nonresidential Density. The density of nonresidential development allowed
within a PUD shall comply with the Comprehensive Plan and shall not
exceed the level that can be adequately served by public facilities.
2. Residential Density.
a. Residential density shall be no greater than 2 dwelling units per gross
acre within the PUD; provided, that the BOCC may allow an increase to a
maximum of 15 dwelling units per gross acre in areas where public water
and sewer systems, owned and operated by a municipal government or
special district, pursuant to C.R.S. § 32-1-103(20) are readily available.
b. Residential density shall be calculated by summing the number of
residential dwelling units planned within the boundary of the PUD and
dividing by the total gross area expressed in acres within the boundary of
the PUD. Averaging and transferring of densities within the PUD shall be
allowed upon a showing of conformance with the purposes of this section
through appropriate design features within the PUD that will achieve high
standards of design and livability.
D. Housing Types.
For PUDs proposing residential uses:
1. The PUD shall provide for variety in housing types and densities; and
2. The PUD shall comply with Article 8, in regards to the provision of
Affordable Housing.
E. Transportation and Circulation System.
The PUD shall provide a safe, convenient, and adequate circulation system
designed to accommodate emergency vehicles and other vehicular,
pedestrian, and bicycle traffic.
F. Recreational Amenities.
The PUD shall provide recreational opportunities and amenities to residents of
the PUD, if applicable.
G. Building Height.
The maximum height of buildings may be increased above the maximum
allowed in the zone district so long as the height does not result in unreasonable
adverse effect on adjacent sites or other areas in the immediate vicinity in
regard to shadows, loss of air circulation, or loss of view.
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H. Lots.
1. The minimum Lot Size, the minimum setback, and the maximum Lot Coverage
may be modified from the zone district.
2. Each lot shall contain an acceptable building site, unless the lot is specifically
reserved for use that does not allow for a structure.
I. Phasing.
Each phase within a PUD shall be planned and related to existing surrounding
and available facilities and services so that failure to proceed to a subsequent
phase will not have a substantially adverse impact on the prior and future
phases of the PUD or its surroundings.
Applicant’s Response:
A. Permitted Uses:
Since there is no underlying zone district, the test for compliance with this
criterion is whether the proposed uses are consistent with the uses allowed in the
approved PUD and generally conform with the Comprehensive Plan.
Compliance with the Comprehensive Plan has been addressed previously in this
application. No change to the permitted uses for the land that will remain
within the PUD/Subdivision is contemplated with this amendment. The
approved PUD Guide provides the list of permitted uses together with the other
standards regulating how the land can be developed. The only change
contemplated, in terms of how the land east of CR 114 is intended to be
developed, is the shift of some land from the Cluster Housing District to open
space and subdivision of Tract A into the lots for the AH units. This resulted in
some refinements to the PUD Guide to address the change in the number of AH
units and the fact that they will be for-sale units as opposed to rentals. In
addition, the existing PUD Guide (Exhibit 22) requires several amendments in
response to the elimination of the conserved land. For example, the Agriculture
Preserve District (PUD/AP) has been eliminated from the draft Amended PUD
Guide since the land within that district (Sod Farm) is being removed from the
PUD/Subdivision. In addition, the Use by Right section of the Residential/Single-
Family zone district (PUD/R/SF) is being revised to eliminate reference to
agricultural accessory buildings and uses described in the Deed of Conservation
Easement. These uses were included in this zone district to accommodate the
Sod Farm use.
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B. Off-Street Parking: The proposed amendment does not change anything with
respect to proposed off-street parking, which fully complies with this criterion.
The AH lots will accommodate the required parking as specified in the PUD
Guide.
C. Residential Density: No change to the proposed density for the land that
remains within the subdivision is contemplated with this amendment. The
proposed density is .46 dwelling units per acre, which is within the allowed
standard set by this section. The recommended density in the Comprehensive
Plan for the Subject Property is 2 to <6 acres per dwelling unit or .17 to .5
dwelling units per acre.
D. Housing Types: The proposed amendment does not alter the mix of housing
types or densities from the approved Preliminary Plan. Compliance with the
provisions of Article 8 is addressed in the following section of this application.
E. Transportation and Circulation System: The proposed roadway system has
been reviewed by the County for compliance with this criterion on several prior
occasions and found to be adequate. The proposed roadways meet all county
standards and the intersections with CR 114 comply with the standards
contained in Resolution No. 2016-35. These are the same standards that are
required for the Spring Valley Ranch PUD and have been a requirement for the
Lake Spring Ranch PUD since the original Preliminary Plan approval was granted
in 2002 (Resolution No. 02-109).
F. Recreational Amenities: Since the Lake Springs Ranch is a rural subdivision,
limited recreational amenities are proposed. The Preliminary Plan includes a soft
surface trail system for use by residents of the subdivision.
G. Building Height: Maximum building height for the Subdivision is defined in the
approved PUD Guide at 25 feet for both the Residential/Single-Family and
Residential/Cluster Housing Districts. This is the same height limitation that
applies in the Rural zone district, which is the predominant zoning in the
surrounding area for properties not zoned PUD. The Applicants are not seeking
a change to the established height limitation with this application.
H. Lots: Since there is no underlying zoning, this criterion has little importance for
this review. However, the development pattern for the proposed free-market
lots, which was first established with the approval of the 2012 Preliminary Plan
Amendment and reaffirmed by approval of the 2016 Preliminary Plan
Amendment, is not proposed to be altered with this application. The lot layout
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for the free-market lots complies with the standards identified for the Residential
Single-Family District in the approved PUD Guide. The proposed Preliminary Plan
includes a lot layout for the AH mitigation units/lots on the former Tract A. This is
a change from the approved Preliminary Plan which showed Tract A as a single
parcel. The intent on this parcel was to develop AH units that would be rented
and managed either by the developer or by an independent property
management company. Changes to the Land Use Code, described previously
in this application, have altered the Applicant’s strategy for satisfying the AH
mitigation requirement, resulting in the need to create a separate lot for each
unit. The proposed lots comply with the standards identified for the Cluster
Housing District in the approved PUD Guide and the access road complies with
all County road standards.
I. Phasing: The Applicants propose to amend or eliminate the phasing plan and
develop the PUD in a single phase. Given the significant reduction in the
number of lots, and the amount of infrastructure improvements associated with
the project, developing the PUD in a single phase is both financially prudent and
logical from a construction standpoint. Given development will occur in a single
phase, all issues related to timing of available facilities are rendered moot.
Compliance with Section 8-201(A) Affordable Housing Plan
The Applicant shall submit an “Affordable Housing Plan” that includes the
following provisions.
1. The proposed location of the Affordable Housing Units.
2. The proposed number and unit mix of Affordable Housing Units based
upon the provisions of section 8-301, Number and Unit Mix.
3. The proposed schedule for construction and completion of the Affordable
Housing Units in relation to the proposed construction and completion of
the overall development.
4. The proposed breakdown of Affordable Housing Units by category, based
on provisions of section 8-301.B. (SIC), Unit Mix and Minimum Bedroom
Requirement, including the proposed Lot Size and square footage size of
each unit.
5. The proposed calculations for HOA dues as set forth in section 8-302.B.5.
6. The proposed form of Deed Restriction and any other documents
necessary to comply with the requirements of this Article.
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7. Any rental housing proposal will require the Applicant to propose
additional guidelines not codified herein. Such guidelines at a minimum
must address details for administration and on-going affordability. The
proposed guidelines are subject to BOCC approval.
8. The proposed method of financial security to ensure construction of the
Affordable Housing Units, such as:
a. A bond or other security acceptable to the BOCC, in an amount
acceptable to the BOCC to ensure the required number of Affordable
Housing Units are constructed.
b. Provisions in the adopted Affordable Housing Plan that require Building
Permits for 10 free-market houses may only be issued after a Building
Permit for 1 Affordable Housing Unit has been issued.
c. Another method of securing construction of the Affordable Housing
units acceptable to the BOCC.
9. If the Applicant proposes to locate some or all of the Affordable Housing
Units off-site, the plan for off-site location and justification therefor.
10. The proposal for compliance with all provisions of the Affordable Housing
Guidelines maintained by the Garfield County Housing Authority (GCHA)
or other Approved Affordable Housing Entity (AAHE).
Applicant’s Response: Section 8-202 of the current LUDC requires that an
affordable housing plan (AHP) be approved at Preliminary Plan. A draft
affordable housing plan was provided as part of the 2016 Preliminary Plan/PUD
Amendment application. That plan was approved by the Garfield County
Housing Authority in July 2019, pursuant to the approval of the Filing 2 Final Plat.
The Applicants are proposing a change to the number of affordable housing
units described in the approved AHP due to the reduction in the number of free-
market lots and changes to Article 8 of the LUDC. As a result, a revised AHP has
been provided with this application (Exhibit 31). The revised plan complies with
the standards of Section 8-201(A) listed above. The revised plan is very similar to
the plan provided in 2016 but includes the revisions necessary to reflect the
reduction in the number of affordable housing units and the methods for
calculating the required AH mitigation units contained in the current LUDC. The
AHP has also been modified to state that the affordable housing units will be for-
sale units as opposed to rental units. This reflects the Applicants desire to utilize
the option of building the mitigation units on-site and to seek 100% credit for the
proposed units, as described in Section 8-301(B)(5) of the LUDC. Corresponding
changes to the unit type and category mix were also made, as well as other,
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more minor revisions. All proposed changes are identified with track changes in
the revised AHP.
Section 8-301(A) of the LUDC requires the number of affordable housing units to
be equal to 10% of the lots in the development. Any fraction resulting from this
calculation must be rounded up to the nearest whole number. Based on this
standard, the number of required affordable units were calculated as follows:
84 single-family lots plus 9 multi-family lots x .10 = 9.3 or 10 Units
Based on this calculation the number of AH lots increased from 9 to 10. In the
case of the Lake Springs Ranch PUD, the combined changes to Sections 8-
301(A) and 8-301(B)(5) under Resolution No. 2023-33 required the Applicants to
provide an additional AH unit to mitigate for the increase in lots associated with
the other nine AH lots. Based on what would seem to be an unintended
consequence of requiring mitigation for the mitigation, the Applicants request
that the County consider reducing the required AH mitigation from 10 units to
nine.
The Applicants are proposing to provide these AH units in the form of 1-, 2- and
3-bedroom townhomes, or other appropriate multi-family building type, to be
constructed on individual lots in the location of Tract A. The Applicants propose
that the affordable housing units be provided in the following categories
pursuant to Section 8-301(C) of the LUDC.
Proposed AH Unit/Bedroom Mix
Category I: 1 - 1 BR Townhome, 1 - 2 BR Townhome (20% of total)
Category II: 1 - 1 BR Townhome, 2 - 2 BR Townhome (30% of total)
Category III: 3 - 2 BR Townhome, 2 - 3 BR Townhome (50% of total)
Total Units = 10
Total Bedrooms = 20
The proposed unit mix meets the requirements for the number of units and
exceeds the bedroom requirement. The formula for the number of bedrooms
per Section 8-301(C)(1) is as follows:
(Units x 2.6)/1.5 = Required Bedrooms - (10 x 2.6)/1.5 = 17.3 or 18 Bedrooms
Section 8-302(A) of the LUDC requires that the unit mix be dispersed over the
three income categories that are derived from the Area Median Income (AMI)
levels published annually by HUD for Garfield County. The proposed mix has
been designed to meet this distribution requirement, while also meeting the unit
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requirement and exceeding the bedroom count requirements from Section 8-
301 of the LUDC. The desired category distribution from the Code is as follows.
Category I: 20% of Required Units
Category II: 30% of Required Units
Category III: 50% of Required Units
As shown by the numbers in parenthesis in the Proposed AH Unit/Bedroom Mix
table above, the unit mix meets the target distribution. Other details regarding
development of the affordable housing units, form of security, and payment of
HOA dues are described in the revised AHP.
SUMMARY
The Applicants are requesting approval of a series of modest amendments to
the Lake Springs Ranch PUD and Preliminary Plan, last reviewed in 2016. The
primary changes remove all lands west of CR 114, now permanently conserved,
from the PUD and reconfigure development on the east side into a single-phase
subdivision of 84 free-market lots and 10 affordable housing lots. All core
elements of the previously-approved layout; road alignments, utilities, drainage
strategy, and residential density, remain substantially unchanged, and the
amendments incorporate updated engineering, environmental,
archaeological, traffic, water supply, and wildfire reports. The revised plan
increases open space, reduces overall impacts, and reflects the Berkeley
Family’s long-standing conservation strategy, which has preserved over 250
acres of ranchland, wetlands, and wildlife habitat.
This application demonstrates compliance with all applicable provisions of the
Garfield County Land Use Development Code and the Garfield County
Comprehensive Plan 2030, including the criteria for substantial PUD amendments
and Preliminary Plan modifications. No adverse effects to surrounding
agricultural operations, wildlife habitat, natural hazards, utilities, or County roads
are anticipated, and all required technical standards are met or exceeded.
The Applicants respectfully request approval of the proposed amendments and
look forward to presenting the application to staff, the Planning Commission,
and the Board of County Commissioners.