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Home My WebLink About3.0 BOCC Staff Report 12.06.19941 • BOCC 12/6/04 PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT & OWNER REPRESENTATIVE ACCESS & LOCATION SITE DATA WATER SEWER EXISTING & ADJACENT ZONING ARRD — Agricultural/Residential/Rural Density STAFF Exemption from the Definition of Subdivision Elk Mesa Properties LLC Lawrence R. Green, Esq., Balcomb & Green Located approximately three (3) miles southeast of Glenwood Springs, Colorado, with access to CR 114 from Wood Nymph Road directly from Wood Nymph Lane in the Los Amigos Ranch, and in Section 32 of Township 6 South, Range 88 West of the 6th Principal Meridian Approximately 670 acres, four (4) lots Homeowners Association — Dom stn Water S stem ---►% � ��- i— �'ef. - re � d; Spring Valley Sanitation District Jim Hardcastle, Senior Planner L DESCRIPTION OF THE PROPOSAL The Site: The property is located northeast of State Highway 82 and northwest of county road 114 in the area known as Spring Valley. Access will be obtained off of Wood Nymph Lane to Wood Nymph Road, through the Los Amigos Ranch subdivision to CR 114. The Proposal: The Applicant is proposing to split a 670 acre tract into four (4) parcels of7.496,' .727, 5.704 and a remaining 651.17 iti the larger tract. Water service will be provided by the Los Amigos Homeowners Association domestic water system, while sewage treatment services till' will be provided by the Spring *ley Sanitation District. ifA Proposal History: This exact same request has been previously approved in July of2000 by the Sr/v BOCC. The proposal was continent upon access being provided with the approval of Filing • ��p�� 14 " Elk Springs — Exemption from the Definition of Subdivision 1 12/6/04 1 • #6, Elk Springs which was recorded in February of 2001. After the aforementioned plat was recorded the final exemption plat was not recorded within the allowed time -frame and the exemption request was subsequently invalidated prompting the Applicant to resubmit this application. The current physical configuration has been shown to be the same prior to January 1, 1973, and in the previous staff report it was noted that the proposal has been shown to be a valid Exemption request. II. REFERRAL COMMENTS Staff referred the application to the following agencies and County Departments for their review and comment. Comments received are attached as exhibits and incorporated into the memorandum where applicable: • City of Glenwood Springs, No Comment Response anticipated at the time of public Hearing • Carbondale and Rural Fire District, No Comment No new commentary, letter indicating ability to serve • • Garfield County Road & Bridge, No Comment Response anticipated at the time of public Hearing • III. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in Study Area I and is designated as "Subdivision" on the proposed land use district map of the Comprehensive Plan of 2000. IV. MAJOR ISSUES AND CONCERNS A. Subdivision: Section 8.52 of the Garfield County Subdivision Regulations states that "No more than a total offour (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973. In order to qualms for exemption, the parcel as it existed on January 1, 1973, must have been larger than thirty five (35) acres in size at that time and not a part of a recorded subdivision; however, any 2 Elk Springs — Exemption from the Definition of Subdivision 12/6/04 r parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), preventingjoint use of the proposed tracts, and the division occurs along the public right-of- way, such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tracts of land thirty five (35) acres or greater in size, created after January 1, 1973, will count as parcels of land created by exemption since January 1, 1973." The Applicant has provided information of proof of ownership in the form of a Special Warranty Deed. The parcel is 670 acres and was acquired by the Applicants in 1997. There is no evidence that is has been subdivided since January 1, 1973 and it is a part of t e oric. I y o . rved Kendal Ranch according to the Applicant's representative. Therefore is has been determined by staff that the Applicant has qualified for exemption which may resu tI in t ie four rot subdivision proposed as found wlt a app cation. COA Upon successful approval and recordation of this proposal, no further subdivision by exemption will be allowed on any of the four (4) tracts created Also, within Section 8.52 of the Subdivision regulations is additional review criteria which states that B. All Garfield County zoning requirements will be met. Staff Comment — See zo comments in Section B below. C. All lots created will hi • legal acres to a public right-of-way and any necessary access easeme have be • • btained or are in the process of being obtained; Staff Comment — The Applicant has clearly demonstrated the ability to provide legal access to a public right-of-way for the proposed lots. The previously platted subdivision surrounding the proposal allows access from Wood Nymph Lane to Wood Nymph Road (of the Final Plat of the Elk Springs 6, a Subdivision of Los Amigos Ranch PUD, February, 2001) and the proposal has additionally provided access easements for lots 2 and 3. Additionally, they have created easements for utility, pedestrian, emergency fire access and open space uses, all of which are shown on the exemption subdivision plat included in the application packet. COA Prior to the approval of a final exemption plat, the Applicant shall amend the Lost 3 Elk Springs — Exemption from the Definition of Subdivision 12/6/04 1 Amigos Ranch HOA covenants to include the proposed lots as members for the purpose of paying their proportionate share of the water service costs and road maintenance costs. COA The Applicant shall obtain the necessary driveway permits prior to issuance of any building permits. The large 651+ acre parcel has four (4) separate access points granted as shown on the proposed Exemption Plat. D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; Staff Comment — The Applicant has provided information which demonstrates the ability of local water service, provided by the Los Amigos HOA, to serve water to the proposed lots. Documentation from the HOA indicates the Los Amigos Ranch water system will serve the lots although the lots are not part of the HOA. Prior to the approval of a final exemption plat, the Applicant shall amend the Los Amigos Ranch HOA covenants to include the proposed lots as members for the purpose of paying their proportionate share of the water service costs and road maintenance costs. • The 651 acre parcel is eligible for an exempt well permit and adequate area is available for ISDS. E. All state and local environmental health and safety requirements have been met or are in the process of being met; Staff Comment — The Applicant has asserted that by the ability to serve water and sewer services, they have met state and local environmental health and safety requirements. F. Provision has been made for any required road or storm drainage improvements; Staff Comment — The Applicant has indicated that no new improvements are necessary to the existing road or storm drainage facilities of the existing subdivision H. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; Staff Comment — All necessary and required easements have been shown Elk Springs — Exemption from the Definition of Subdivision 12/6/04 4 1 on the proposed site plan as well as the adjacent approved and recorded plat. B. Zoning: The proposal meets the criteria of a two (2) acre minimum lot size as required by the A/R/RD zone district of Section 3.02 of the Zoning Resolution. 5.04.02 Development Limitations Based on Lot Slope: (2) Lot Size 1 Acre or Greater: Such lots shall have a minimum building envelope of 1 acre in an area that has less than forty percent (40%) slopes; (3) Staff Comment — The site has slopes well below the maximum percent allowed for all three of the small lots which have more than 5 acres apiece providing ample area to locate adequate building locations. For all lots: Driveways, access ways and access easements within the development and on the property of developer shall have a maximum grade of fourteen percent (14%). (A. 94-046) Staff Comment — The site has slopes well below the maximum grade allowed. C. Legal Access: The application has demonstrated how this issue has been met as discussed earlier in this report. D Plat Site Drawing -i-- COA The`�p ant shall designate the 651.17 acre "remainder of fathering parcel" as Lot 4 on the Final Plat. COA lH Final Exemption Plat shall be submitted, indicating the legal description of the properly ddiim�ension tnd a of the proposed lots, all easements and any proposed easements, build setbacks, ing envelopes, and other customary items which shall be presented within 120 days to the BOCC for signature from the date of approval of the exemption. E. Water: The application has demonstrated how this issue has been met as discussed earlier in this report. F. Sewer: The application has demonstrated how this issue has been met as discussed earlier in this report. G. Drainage: The application has demonstrated how this issue has been met as discussed earlier in this report. 5 Elk Springs — Exemption from the Definition of Subdivision 12/6/04 • 14. Fire Protection: The Applicant included a letter from the Carbondale & Rural Fire Protection District which assures that the three new lots are within their service boundaries. The remaining 650+ acre parcel is not within their service boundaries. I. Easements: All required easements, access easements for lots 2 and 3 'and additionally created easements for utility, pedestrian, emergency fire access and open space uses for all three lots, have been shown on the exemption plat. J. ;School Impact Fee Th cant is in the Garfield RE -1 School District and shall be required to pay a C.0 COA $200.00 ($10.00 total) scho . . • uisition fee for the newly created lot, prior to the approval of the exemption Final Plat. K. Soils: The soils of the three parcels are comprised of two types of Empedrado soils which are well drained and formed alluvium and eolian material. Permeability is moderate with a moderate water erosion hazard. This type is also suited to home site development although its main limitations are shrink -swell and slopes regarding excavation type. V. RECOMMENDED FINDINGS 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons throughout this staff report, the proposed exemption has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has met the requirements of Section 8:52 (Exemption from the Definition of Subdivision) of the Garfield County Subdivision Resolution of 1984, as amended. VI. STAFF RECOMMENDATION Staff finds that the application does comply with Section 8:52 of the Garfield County 6 Elk Springs — Exemption from the Definition of Subdivision 12/6/04 • • • Subdivision Regulations of 1984, as amended, and therefore recommends approval of this application with the following conditions. 1. All representations of the, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. The Applicant shall comply with the 1978 Garfield County Zoning Resolution and the Colorado Department of Health standards. 3. Upon successful approval and recordation of this proposal, no further subdivision by exemption will be allowed on any of the four (4) tracts created. COA ADDITIONAL 5. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, all easements and any proposed easements, setbacks, building envelopes, and other customary items which shall be presented within 120 days to the BOCC for signature from the date of approval of the exemption. 6. The Applicant shall designate the 651.17 acre "remainder of fathering parcel" as Lot 4 on the Final Plat. 7. The Applicant shall sub t $600.00 in School Site Acquisition Fees for the creation of the three (3) exemption . cels . or to approval of the exemption Final Plat. 8. The Applicant shall obtain the necessary driveway permits prior to issuance of any building permits. 9. Prior to the approval of a final exemption plat, the Applicant shall amend the Los Amigos Ranch HOA covenants to include the proposed lots as members for the purpose of paying their proportionate share of the water service costs and road maintenance costs. COA - ADDITIONAL 10. Thud Plat notes and covenants shall be added that states the following: 7 Elk Springs — Exemption from the Definition of Subdivision 12/6/04 • • r • a. "Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non - negligent agricultural operations." b. "No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7- 401, et. sew., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances." c. "All owners of land, whether ranch or residenceKhaligtions under State law and County regulations with regard to the, maintenance of fences and irrigation ditches, controlling weeds, keeping livestokand-peis under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County." d. "All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward and downward towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries." e. "One (1) will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries." f. Final Plat notes and covenants shall be added that state the disclosure and nature of mineral rights. 8 Elk Springs — Exemption from the Definition of Subdivision 12/6/04