Loading...
HomeMy WebLinkAbout4.0 BOCC Eagle County 01.28.1992• • BOARD OF EAGLE COUNTY COMMISSIONERS JANUARY 28, 1992 FILE NO.: TITLE: LOCATION: APPLICANT: STAFF CONTACT: SM -743-91 Harmony View Subdivision SW 1/4 NE 1/4 Sec. 28, T7S, R87W Garfield County line in Missouri Knight Planning Services for Kip Paul Clarkson - Fender Lane at Heights and Wendy Koski I. PROJECT DESCRIPTION: The applicant is proposing a Type A Minor Subdivision to allow for four lots and dwelling units on approximately 41.2 acres. This proposal is considered by the applicant to be Phase 1. Phase 2 is intended to be a future four lot Minor Type B Subdivision of Lot 4. II. SITE DATA: Surrounding Land Uses / Zoning: East: Private open space(non-designated) / Resource West: Private open space(non-designated) / Garfield County North: Private open space(non-designated) / Rural Residential & Agricultural Residential South: Private open space(non-designated) / Resource Existing Zoning: Rural Residential Proposed Zoning: Rural Residential Proposed No. of Dwelling Units: 4 (2nd phase=4, Total=7) Total Area: 41.116 Minimum Lot Area: 3.841 Maximum Lot Area: 6.241 (Lot 4 = 22.847 = Future Phase 2) Percent Common Open Space: 0% platted Proposed Gross Density: 10.279 (Future Gross Density: 5.87) Proposed Water: 2 wells, 20,000 gallon tank and a community distribution system Proposed Sewer: Individual sewage disposal system III. CHRONOLOGY: This parcel was rezoned from Resource to Rural Residential on Oct. 16, 1978 by the applicant. IV. MAJOR CONCERNS AND ISSUES: 1. Water The State Engineer's Office, Division of Water Resources has reported to Staff that the Augmentation plan for 7 D.U.s and 2 associated well permits has been approved. The community water distribution system is a public improvement and should be collateralized. A fire hydrant should also be part if this system. The BOARD OF EAGLE COUNTY COMMISSIONERS SM -743-91 Harmony View January 28, 1992 Page 2 applicant has agreed and an SIA has been prepared addressing these issues. 2. Intergovernmental Agreement A part of this proposal lies in Garfield County. As such, an intergovernmental agreement has been prepared and signed by the Board of Garfield County Commissioners giving Eagle County the authority to administer and enforce its Land Use Regulations including zoning, subdivision and public improvement requirements for that portion of the Harmony View Subdivision that lies within Garfield County. 3. Access The original proposal showed individual access to lots 2 & 3 from Fender Lane. Eagle County Engineering has determined that one common point of access off the western road would be preferable to each lot having its own access due to sight distance considerations on Fender Lane. The applicant has complied. The western access road is in Garfield County but has not been so dedicated. This road is an on-site road that accesses the Soderberg filings and will need to be improved to County standards due to increased traffic considerations. This should be in addition to an off- site road impact fee of $1000.00 per unit. The applicant has supplied the County with road improvement designs acceptable to Engineering. These improvements will be implemented at the second phase of the development. A road maintenance agreement with the homeowner's association will also be formalized at that time. 4. Process The process employed by the applicant for an eventual seven lot subdivision is not one in which Staff would normally encourage. However, Staff is convinced that the applicant is not employing this method for the purpose of circumventing the County's Subdivision Regulations. Staff has, in general, reviewed this proposal as though it were a seven lot subdivision submittal. 5. Open Space The Eagle County Master Plan speaks strongly to this development issue and encourages a clustered approach to the subdivision of land for the preservation of open space. The proposed "cookie cutter" approach would normally be discouraged. However, since Rural • • BOARD OF EAGLE COUNTY COMMISSIONERS SM -743-91 Harmony View January 28, 1992 Page 3 Residential (2 acre) zoning already exists on the parcel, which would allow for a total of 18 DUs, the applicant's approach could conceivably lessen that possibility. The density of this proposal is preferable to the alternative at this site. 6. Transportation Recent studies have indicated that the road to Missouri Heights from El Jebel may exceed its carrying capacity even without any further platting. It is conceivable, however, that given the location of this proposal, as many trips generated will go through Garfield County on Fender Lane as use the El Jebel Road. V. REFERRAL RESPONSES: Colorado Geological Survey Sensitivity to well placement and septic systems should be employed since the topographic influence of the central swale may cause potentially adverse interaction. Basalt Rural Fire Protection District 1. Unacceptable addressing. 2. A supply of water must be provided for fire fighting purposes. Eagle County Engineering 1. Eagle/Garfield County line should be shown on the plat. 2. The R.O.W. for Fender Lane is 70'. 3. Existing location of Fender Lane should be shown. 4. Public improvements plans for water and roads will be necessary for this subdivision. Those improvements should be collateralized. 5. One common point of access would be preferable to each lot having its own access. 6. Access to Fender Land from Lot 2 may be difficult. 100 feet of sight distance for every 10 mph of the speed limit. 7. A road cut permit must be obtained from Road & Bridge for any construction activity in Fender Lane if improvements plans are not submitted. 8. Formal maintenance agreement for the western access road. 9. Off-site road impact fees of $1000.00 per unit. • • BOARD OF EAGLE COUNTY COMMISSIONERS SM -743-91 Harmony View January 28, 1992 Page 4 VI. MASTER PLAN DESIGNATION: El Jebel Sub -Area Plan Guiding Concepts A concentrated residential center should be encourage as this uses less land and is more efficient to service pedestrian access and bus system. Development Intensity In the outlying areas, an important consideration is the development's ability to maintain the rural character of the County. Although the range of densities in the residential categories contain densities as low as one DU per 10 acres, the opportunities for clustering exist and are encouraged. VII. FINDINGS: Pursuant to Section 2.21.02(5) of the Eagle County Land Use Regulations (Type A Minor Subdivision Review Criteria): a) The land to be subdivided will have adequate access, water and sewage disposal if Staff recommendations are followed; b) The proposed subdivision will conform to the Final Plat requirements and other applicable regulations, policies and guidelines; c) The proposed improvements agreements and off-site road improvements agreement have been finalized in accordance with Section 2.20. VIII. STAFF RECOMMENDATION: Approval upon completion of the following conditions: 1. Two copies of the Intergovernmental Agreement between Eagle and Garfield Countys are signed by the Board; 2. Subdivision Improvements Agreement is signed by the Board; 3. $3,000.00 off-site road impact fee and $217.44 cash in lieu of school land dedication. • • February 11, 1992 Mr. Mark Bean Garfield County Planning 109 West 8th Street Suite 303 Glenwood Springs, Colorado 81601 RE: File No. SM -743-91, Harmony View Subdivision Dear Mark, Please Find enclosed a signed copy of the Intergovernmental Agreement for the Harmony View Subdivision in Missouri Heights. Sometimes the process takes longer than it should, however, we are getting improvements to the "Harmony Road" that may have ordinarily slipped though the cracks. This will include street and stop signage. As an aside, we have received an inquiry about the possibility of subdividing the parcel to the south of the Harmony View Subdivision. The Eagle/Garfield County line runs through this parcel also. The inquiry is proposing 26 single family lots on 120 acres which is a higher density than we will encourage. The Master Plan for the area states that 12 - 14 lots with platted open space is more appropriate. While we have not yet received any official proposal, you may want to keep it in mind. We will, of course, refer the proposal to you when we receive it. Let me know if you should have any questions. Sincerely, Paul E. Clarkson Planner Community Development cc: files • • BOARD OF EAGLE COUNTY COMMISSIONERS MARCH 31, 1992 FILE NO.: TITLE: LOCATION: APPLICANT: STAFF CONTACT: ZC-252-92 Harmony View SW 1/4 NE 1/4 Sec. 28, T7S, R87W - Fender Lane at Garfield County line in Missouri Heights Knight Planning Services for Kip and Wendy Koski Paul Clarkson I. PROJECT DESCRIPTION: As a condition of the approval of the Harmony View Subdivision, the Board of County Commissioners required a Zone Change from Rural Residential which would allow for 18 parcels to PUD which would only allow for a maximum of 7 parcels. II. SITE DATA: Surrounding Land Uses / Zoning: East: Private open space(non-designated) / Resource West: Private open space(non-designated) / Garfield County North: Private open space(non-designated) / Rural Residential & Agricultural Residential South: Private open space(non-designated) / Resource Existing Zoning: Rural Residential Proposed Zoning: PUD/7 Single Family Proposed No. of Dwelling Units: 4 (2nd phase=4, Total=7) Total Area: 41.116 Minimum Lot Area: 3.841 Maximum Lot Area: 6.241 (Lot 4 = 22.847 = Future Phase 2) Percent Common Open Space: 0% platted Proposed Gross Density: 10.279 Future Gross Density: 5.87) Water: 2 wells, 20,000 gallon tank and a community distribution system Sewer: Individual sewage disposal system III. CHRONOLOGY: This parcel was rezoned from Resource to Rural Residential on Oct. 16, 1978 by the applicant. On February 11, 1992, the Board approved the proposed Minor Type A Subdivision for 4 lots. The potential for continued subdivision in response to the existing zoning was of concern to the Board - the consequence of which is this current application. IV. MAJOR CONCERNS AND ISSUES: 1. Water The Water Augmentation Plan is for 7 dwelling units. • • BOARD OF EAGLE COUNTY COMMISSIONERS ZC-252-92 Harmony View March 31, 1992 Page 2 2. Intergovernmental Agreement A part of this proposal lies in Garfield County. As such, an intergovernmental agreement has been prepared and signed by the County Commissions of Garfield and Eagle Counties giving Eagle County the authority to administer and enforce its Land Use Regulations including zoning, subdivision and public improvement requirements for that portion of the Harmony View Subdivision that lies within Garfield County. 3. Access The access to all present and future lots, except for lot 1 is from Harmony Lane. Harmony Lane is an on-site road that accesses the Soderberg filings and will need to be improved to County standards due to increased traffic considerations. The applicant has supplied the County with road improvement designs acceptable to Engineering. These improvements will be implemented at the second phase of the development. A road maintenance agreement with the homeowner's association will also be formalized at that time. 4. Master Plan The Mid Valley Community Master Plan proposes that the site remain in open space, however, previously approved zoning would allow for a possible 18 units. The proposed PUD zoning would restrict the number of dwelling units to 7 which would more closely approximate the Master Plan's intentions. VI. FINDINGS: Pursuant to Section 2.14.04(1) of the Eagle County Land Use Regulations (Zone District Amendment Review Criteria): a) The rezoning is more consistent with the Master Plan and the geological, physical and other environmental conditions are compatible with the characteristics of the use requested and that the advantages of the use requested outweigh the disadvantages; and b) The land has access and can be serviced with appropriate water and sewage disposal systems; and c) It is in the public interest to encourage a new use or density in the area. VIII. STAFF RECOMMENDATION: Approval. • • BOARD OF EAGLE COUNTY COMMISSIONERS ZC-252-92 Harmony View March 31, 1992 Page 3 At their Public Meeting of March 19, 1992, the Roaring Fork Planning Commission recommended approval with the following conditions: 1. The Architectural Treatment section appears to restrict the use of metal roofs. The applicant may not wish to so restrict the PUD. picked up by Jim Adams July 7, 1993 Mr. Jim Adams 795 Meadows Road Aspen, CO 81611 RE: Harmony Road Dear Jim, Per our conversation this morning, please find enclosed a copy of the deeds recorded in Garfield County at Book 381, Page 266-70 concerning the granting of access on the Harmony Road and other items. As you can see, the grant concerns an undivided one-fifth (1/5) interest to five individuals. If your property cannot be traced back to one of those five property owners, it is likely that you do not possess legal access from Harmony Road. I am not able to suggest methods to gain access if, in fact, you do not have it. You should speak to your land title company at the least and to a land use attorney at the most. It may also be possible to get Kip Koski to grant you access. Let me know if I can be of any further assistance. Sincerely, Paul Clarkson Planner cc: SM -743-91 David H. Michaelson Chrono • • March 29, 1995 Mark Bean David Michaelson Garfield County Planning Department 109 8th Street Glenwood Springs, CO 81603-3303 RE: Barnes Subdivision Exemption Dear Mark & Dave: Thank you for providing us with the opportunity to comment on the Barnes request for Exemption from the Garfield Subdivision Regulations. Our concern is only that of the Harmony Lane and only in as much as we would suggest that your applicant concern him/herself with use and/or maintenance agreements with other property owners that use that same said private road. Allow me to further explain: Harmony Lane is a private road and basically came into existence with the subdivision of Harmony View which is largely in Eagle County. A small portion of that property is in Garfield County and that portion contained all of Harmony Lane. In order to proceed with the subdivision of Harmony View, the applicant agreed to improve that private road to a minimum standard. This improvement was collateralized through a Subdivision Improvement Agreement which has since been inspected and released. An intergovernmental agreement was entered into between Garfield and Eagle Counties giving Eagle County the right and responsibilities of subdivision, zoning and improvements to that portion of Harmony View within Garfield County. Subsequently, a proposal for an exemption (Jim Adams?) was received by your office proposing access directly onto the improved portion of Harmony Lane. It is my understanding that Mr. Adams and Harmony View Subdivision (Kip Koski) came to a private agreement concerning the future maintenance of Harmony Lane. Consequently, we would suggest that the current applicant enter into a similar agreement for maintenance with both the Adams Exemption property owners in Garfield County and Harmony View property owners in Eagle County. We would further suggest that the portion of Harmony Lane that will be utilized by the new Barnes Exemption property owners and that has not been improved since it is not within the Harmony View Subdivision, be similarly improved to a minimum standard. That standard in Eagle County includes 4' borrow ditches, 2' shoulders, two 10' lanes and 3-4" of compacted aggregate base course. 1 • Garfield County Planning Dakota South February 13, 1995 Messrs. Bean and Michaelson March 29, 1995 Page 2 This communication is at the request of one of the Harmony View property owners. As such, and given that Harmony Lane is a private access easement, these remarks are intended as suggestions only. It should probably remain incumbent upon your applicant and the affected property owners to come to appropriate agreements in much the same manner that Adams and Koski arrived at an equitable solution. I am at your service if you would wish to further discuss this matter. Sincerely, Paul E. Clarkson AICP Planner cc: Keith Montag Sid Fox Jim Fritze BoCC chrono