HomeMy WebLinkAbout2.0 PC Staff ReportRequest:
Applicant:
Location:
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Project Information and Staff Comments
An exemption from the definition of subdivision
Los Amigos Ranch Partnership
A parcel of land situate in Section 25, Township 6 South,
Range 89 West of the 6`h Principal Meridian and Section 30,
31, and 32 of Township 6 South.
Site Data: Approximately 670 acres
Water: Los Amigos Ranch Homeowners Association Water System
Sewer: Spring Valley Sanitation District
Access: Via 40' -perpetual access easement through open space
within Los Amigos Ranch.
Existing Zoning: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
This area lies in Medium Density Residential (6-9 acres per dwelling unit) on the Proposed
Land Use Districts Map, Study Area I, of the 1995 Garfield County Comprehensive Plan.
Staff finds that this proposal is in general conformance with the comprehensive plan.
II. DESCRIPTION OF THE PROSAIC
A. Site description: The property is located generally northeast of Highway 82
and generally northwest of County Road 114 in the area known as Spring
Valley.
B. Description of the Proposal: The applicant is proposing to split an 670 acre
tract into four (4) parcels of 7.40 acres, 5.73 acres, 5.70 acres and a remainder
Parcel of 651.17 acres. Water will be provided by the Los Amigos
Homeowners Association and sewage will be treated by the Spring Valley
Sanitation District. Access will be off of Wood Nymph road, through the Los
Amigos Ranch subdivision.
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III MAJOR ISSUES AND CONCERNS
1. Subdivision Regulations: Section 8.52 of the Garfield County Subdivision
Regulations states that " No more than a total of four 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, and is not a part of a recorded subdivision; however, any parcel to
be divided by exemption that is split by a public right-of-way (State or Federal
Highway, County road or railroad) or natural feature, preventing joint use of
the proposed tracts and the division occurs along the public right-of-way or
natural feature, 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 lot, parcel, interest or dwelling unit limitation otherwise applicable;
The applicant has provided 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 it has been subdivided since 1973 and it is a
part of the historic Kendal Ranch according to the applicant's representative.
Therefore, it has been determined that the applicant qualified for exemption
which may result in four or fewer lots (the three proposed lots and the
remainder parcel.
B.
C.
No further subdivision by exemption will be allowed on any of tracts created if
this exemption is approved.
Legal access: Access to the new lots will be provided via a 40' wide perpetual
access easement through the open space of Los Amigos Ranch, Filing No. 6.
The access easement is connected to the existing streets and roads contained
within Los Amigos Ranch PUD and then to County Road 114. Wood Nymph
Road is adjacent to the access easement, but it is not an existing road since the
Los Amigos Ranch Filing No. 6 has not been platted. Further, there are no
provisions for access roads contained in the zone district text for the Los
Amigos PUD. (Iwill be necessary for the applicant to create an access
easement to the three exemption lots and amend the PUD zone district text to
allow for access roads across the PUD Open Space zone district, prior to the
approval of an exemption. At this time the homeowners association does not
have the authority to grant an easements across property not included in the
Los Amigos Ranch subdivision
Water & Sewer: Water shall be provided via the existing Los Amigos d3 -
Homeowners Association System. A letter assuring adequate service is
attached, but the proposed property is not a part of the Homeowners
Association. It will be necessary for the new lots to be included in the
homeowners association in an equal share of the water system and obligations
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related to road maintenance and repair.
Sewer will be provided by the Spring Valley Sanitation District. A letter
assuring adequate service is attached.
D Geologic and Hydrologjc Conditions: The soils in this area are mostly loamy
types found on alluvial fans, high terraces and valley sides. There are no
serious geologic constraints identified in the soils maps.
E Fire Protectiqn: The Carbondale & Rural Fire Protection District has
submitted a letter assuring that the three new lots are within their service
boundaries. The remainder parcel is not within their service boundaries.
F. Easements: Required easements are shown on the proposed Elk Springs
Subdivision Exemption Plat.
G. ,School Site Acquisition Fees: The applicant is required to pay a school site
acquisition fee of $200 for each newly created lot prior to the approval of the
final plat.
IV. R .COMMENDED 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, the proposed exemption can not
be 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 not met the requirements of the Garfield County
Subdivision Resolution of 1984 a.a. Section 8:00, Exemption.
V. RECOMMENDATION
Staff recommends approval of this application, provided the applicants can
demonstrate that there is a valid preliminary plan, with the following
conditions:
1. That all representations of the applicant, either within the application or stated
at the meeting before the Board of County Commissioners, shall be considered
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conditions of approval;
2. A Final Exemption Plat shall be submitted, indicating the legal description of
the property, dimension and area of the proposed lots, 25 ft. wide accesses to a
public right-of-way, and any proposed easements for setbacks„ drainage,
irrigation access or utilities;
3. The applicant shall have 120 days to present a plat to the Commissioners for
signature from the date of approval of the exemption;
4. The applicant shall submit $600 in School Site acquisition Fees for the creation
of the exemption parcels prior to approval of the exemption plat;
5. The applicant shall obtain the necessary driveway pennits prior to issuance of
any building permits.
6. The applicant shall comply with the 1978 Garfield County Zoning Resolution
and the Colorado Department of Health standards.
mace 7nne Additionally, a final plat for Filing 6, with the appropriate
easements will be recorded.
8. Prior to the approval of an exemption plat, the applicant shall amend the Los
Amigos Ranch 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.
9. That the following plat notes shall appear on the Final Exemption Plat:
"One dog will be allowed for each residential unit and the dog shall be required
to be confined within the owners property boundaries."
"No open heath solid -fuel fireplaces will be allowed anywhere within an
exemption. One new solid -fuel burning stove as defined by CRS 25-7-401, et.
Sew., and the regulations promulgated thereunder, will be allowed in any
dwelling until. All dwelling units will be allowed an unrestricted number of
natural gas burning stoves and appliances."
"All exterior lighting will be minimum amount necessary and all exterior
lighting will be directed inward, towards the interior of the subdivision, except
that provisions may be made to allow for safety lighting that goes beyond the
property boundaries."
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"No further divisions by exemption from the rules of Subdivision will be
allowed.
"Colorado is a "Right -to -Farm' State pursuant to CRS 35-3-101, et seq.
Landowners, resident 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, herbicid4e and
pesticides, any on or more of which may naturally occur as a part of a legal and
non -negligent agricultural operation."
"All owners of land, whether ranch or residence, have obligations under State
law and County regulations with regard to the maintenance of fenc4es and
irrigation ditches, controlling weeds, keeping livestock and pets 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 of such information is "A guide to Rural
Living & Small Scale Agriculture" put out by the Colorado State University
Extension Office in Garfield County."
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• _•••• VEDTkPIi+
PETITION FOR SUBDIVISION EXEMPTION
In accordance with Section 8:00 of the Garfield County Subdivision Regulation, the
Applicant hereby respectfully petitions the Board of County Commissioners of Garfield County to
grant a subdivision exemption as follows:
1. Name of Applicant.
Los Amigos Ranch Partnership
c/o Greg Boecker
2929 County Road 114
Glenwood Springs, Colorado, 81601.
2. Exemption Request. The Applicant requests that the Board of County Commissioners
exempt by Resolution the division of a tract of land containing approximately 670 acres, locally
known as the Kendall Ranch, into four tracts of land, as follows: Lot 1, containing approximately
7.4 acres; Lot 2, containing approximately 5.73 acres; Lot 3, containing approximately 5.7 acres (the
"Single Family Lots"); and the remainder of the Kendall Ranch property.
3. Sketch and Vicinity Maps. The proposed Elk Springs Subdivision Exemption Plat
is attached hereto as Attachment A and depicts both the lot layout and a vicinity map.
4. Access to Public Right -of -Way. Access to the Single Family Lots from County Road
114 will be provided on the streets and roads contained with Los Amigos Ranch PUD, and then upon
a perpetual access easement through open space within Los Amigos Ranch, Filing No. 6. This
access easement will be dedicated for the benefit of the owners of the Single Family Lots on the plat
for Los Amigos Ranch, Filing No. 6. See letter from the Los Amigos Ranch Homeowners
Association, Attachment B.
5. Proof of Ownership. See Deeds attached as Attachment C.
6. Name and Address of Owners of Record Within 200 Feet of Subject Property. See
list of adjacent property owners, Attachment D.
7. Evidence of Soil Types. A soils map, together with applicable soil surveys are
attached as Attachment E.
8. Proof of Source of Domestic Water. Domestic water service to the single family lots
will be provided by the water system owned by the Los Amigos Ranch Homeowners Association.
See letter from the Homeowners Association, Attachment B.
9. Proposed Sewage Disposal System. Sanitary sewer service will be provided by the
Spring Valley Sanitation District. See letter from the Sanitation District, Attachment F.
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10. Fire Protection. It is anticipated that fire protection will be provided by the
Carbondale & Rural Fire Protection District. A request for a letter from the Fire District confirming
such service is now pending before the Fire District Board.
11. Explanation of Reason for Requested Exemption. The Single Family Lots are
contiguous on two sides to Single Family Lots within Filings 5 and 6 of Los Amigos Ranch. The
Single Family Lots are similar in size and topography to the adjacent Los Amigos Ranch lots, and
"feel" more like a part of Los Amigos Ranch than the balance of the Kendall Ranch property.
Additionally, the Los Amigos Ranch water storage tank is adjacent to Lot 3 of the proposed
Exemption. The water service line from the tank to provide service to Filings 6 and beyond of Los
Amigos Ranch can be routed through the Single Family Lots, thus providing a reliable central water
system. Central sewer is also available through the Spring Valley Sanitation District. The property
is thus appropriate for the proposed Subdivision Exemption.
12. History of Parcel. The parcel proposed for the subdivision exemption is the entirety
of the historic Kendal Ranch. The parcel has existed in its present configuration since well before
1970.
13. Application Fee. Check in the amount of $300.00 is attached.
04/1312000 15:53 312-427-0461 TENCO INC. PAGE 01
01/13/00 , 03:41 2W70 • 97G9 LARRY CREEK • _ _ _ _ ®002
'RECEIVED APR 1 2119
LOS AMIGOS RANCH HOMEOWNERS ASSOCIATION
2929 County Road 114
Glenwood Springs, CO 81601
Phone: 197O) 946-63
April 13, 2000
Garfield County Planning Department
109 8`'' Street, Suite 303
Glenwood Springs, CO 81601
Re: Elk Springs Subdivision Dsemption
Dear Madame or Sir:
The Los Amigos Ranch Homeowners Association has reviewed the proposed Elk Springs
Subdivision Exemption Plat by which a tract of land consisting of approximately 670 acres, locally
known as the Kendall Ranch, is being divided into three single family lots and a fourth parcel
consisting of the remainder of the Kendall Ranch property. The three single family lots are Lot 1,
containing approximately 7.4 acres, Lot 2, containing approximately 5.73 acres and Lot 3, containing
'approximately 5.7. acres.
The Los Amigos Ranch Homeowners Association is the owner of the water treatment and
delivery facilities and water rights which comprise the Los Amigos Ranch water system. This
system provides domestic water to all lots within the Los Amigos Ranch PUD. This water system,
and its proposed water supply and decreed water rights, have previously been reviewed and approved
by Garfield Cco1i13t.y and the Colorado Division of Water Resources in connection with the County's
review of the preliminary plan for Los Amigos Ranch, Filing 6-10. This water system has the
capacity to serve the three single family lots within the Elk Springs Subdivision Exemption. This
letter will confirm that Los Amigos Ranch Homeowners Association can and will provide domestic
water service to those single family lots.
Furthermore, access to the three single family lots from County Road 114 will be provided
on the streets and roads contained within Los Amigos Ranch PUD, and then upon a perpetual access
easement through open space within Los Amigos Ranch, Filing No. 6. This access easement will
be dedicated for the benefit of the owners of the three single family lots on the plat for Los Amigos
Ranch, Filing No. 6.
04/13/2000 04:40PM'
04/1/2000 15:53 312-427-0461
04/13/00 03:42 '3970 • 9769
Garfield County Planning Department
TENCO INC.
LARRY GREEN
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PAGE 02
rt 003
April 13, 2000
Page 2
Please do not hesitate to contact the undersigned if you have any questions about domestic
water service or access to the single family lots within the Elk Springs Subdivision Exemption.
Very truly yours,
LOS AMIGOS RANCH HOMEOWNERS ASSOCIATION
By: i
Pias de,7
Thomas E. Neal, President
04/13/2000 04:40PM
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35—Empedrado loam, 6 to 12 percent slopes. This
deep, well drained soil is on fans and upland hills. It
formed in alluvium and eolian material. Elevation is
6,500 to 9,000 feet. The average annual precipitation is
about 15 to 18 inches, the average annual air
temperature is 40 to 44 degrees F, and the average
frost -free period is 75 to 95 days.
Typically, the surface layer is brown loam about 5
inches thick. The subsoil is clay loam about 35 inches
thick. The substratum to a depth of 60 inches is clay
loam. The soil is noncalcareous to a depth of 38 inches
and calcareous below that depth.
Included in this unit are small areas of soils that are
similar to the Empedrado soil but have a darker, thicker
surface layer. Also included are small areas of soils that
are similar to the Empedrado soil but are silt loam or
silty clay loam throughout. Included areas make up
about 20 percent of the total acreage.
Permeability is moderate in the Empedrado soil.
Available water capacity is high. The effective rooting
depth is 60 inches or more. Runoff is medium, and the
hazard of water erosion is moderate.
This unit is used as hayland or for crops. It is well
suited to hay and pasture. Grasses and legumes grow
well if adequate fertilizer is used. If properly managed,
the unit can produce 4 tons of irrigated grass hay per
acre annually.
This unit is well suited to alfalfa and small grain
crops. It is limited mainly by the slope in some areas.
Limiting tillage during seedbed preparation and
controlling weeds help to control runoff and erosion. All
tillage should be on the contour or across the slope. If
properly managed, the unit can produce 75 bushels of
barley per acre annually.
The potential plant community on this unit is mainly
western wheatgrass, needleandthread, prairie
junegrass, mountain big sagebrush, and Douglas
rabbitbrush. Other plants that characterize this site are
muttongrass, Letterman needlegrass, common
snowberry, Utah serviceberry, and antelope bitterbrush.
The average annual production of air-dry vegetation is
about 1,500 pounds per acre. If the range condition
deteriorates, mountain big sagebrush, Kentucky
bluegrass, Douglas rabbitbrush, and annual weeds
increase in abundance. These plants are dominant
when the range is in poor condition; therefore, livestock
grazing should be managed so that the desired balance
of the preferred species is maintained.
This unit is suited to homesite development. The
main limitations are the shrink -swell potential and the
slope. The shrink -swell potential can be minimized by
prewetting foundation areas. The slope is a
management concern if septic tank absorption fields are
installed. Absorption lines should be installed on the
contour.
This map unit is in capability subclass IVe, irrigated
and nonirrigated. It is in the Deep Loam range site.
• •
194 Soil Survey
TABLE 10. --BUILDING SITE DEVELOPMENT --Continued
Soil name and I Shallow
map symbol I excavations
Dwellings
without
basements
Dwellings
with
basements
Small I Local roads
commercial I and streets
buildings I
1 Lawns and
I landscaping
1
34
Empedrado
35
Empedrado
36
Empedrado
37
Etoe
38
Evanston
39, 40, 41
Evanston
42*
Fluvaquents
43*:
Forelle
Brownsto
44*:
Forelle
Brownsto
45
Forsey
46, 47
Forsey
48
Slight
Moderate:
slope.
Fughes
49
Severe:
slope.
Goslin
50
Severe:
slope.
Goslin
Slight
Severe:
slope.
Severe:
cutbanks cave,
wetness.
Moderate:
slope.
Severe:
cutbanks cave.
Severe:
slope.
Severe:
cutbanks cave,
slope.
Moderate:
large stones.
Severe:
slope.
Moderate:
too clayey.
Slight
Severe:
slope.
See footnote at end of table.
Slight
Moderate:
slope.
Slight
Moderate:
slope.
Severe: Severe:
slope. slope.
Severe: Severe:
slope. slope.
Slight Slight
Severe: Severe:
slope. slope.
Severe: Severe:
flooding, flooding,
wetness. wetness.
Moderate: Moderate:
slope. slope.
Moderate: Moderate:
slope. slope.
Severe:
slope.
Severe:
slope.
Moderate:
Severe:
slope.
Severe:
slope.
Moderate:
large stones. I large stones.
Severe:
slope.
Severe:
Severe:
slope.
Severe:
shrink -swell. I shrink -swell.
Slight
Severe:
slope.
Slight
Moderate:
slope.
Severe:
slope.
Severe:
slope.
Severe:
slope.
Slight
Severe:
slope.
Severe:
flooding,
wetness.
(Severe:
I slope.
Severe:
slope.
Severe:
slope.
Severe:
slope.
Severe:
slope.
Moderate:
slope,
large stones.
Severe:
slope.
Severe:
shrink -swell.
Moderate:
slope.
Severe:
slope.
Moderate:
frost action.
Moderate:
slope.
frost action.
Severe:
slope.
Severe:
slope.
Slight
Severe:
slope.
Severe:
wetness,
flooding,
frost action.
Moderate:
slope.
Moderate:
slope.
'Severe:
I slope.
!Severe:
I slope.
IModerate:
I frost action,
I large stones.
(Severe:
I slope.
(Severe:
I shrink -swell,
I low strength.
ISlight
'Severe:
I slope.
Moderate:
large stones.
Moderate:
large stones,
slope.
Severe:
slope.
Severe:
slope.
Slight.
Severe:
slope.
Severe:
wetness.
Moderate:
large stones,
slope.
Moderate:
small stones,
droughty,
slope.
Severe:
slope.
Severe:
slope.
Severe:
large stones.
Severe:
large stones,
slope.
Moderate:
large stcr.es.
Slight.
Severe:
slope.
•
F
•CEVED APR 1 4, 2GOD
SPRING VALLEY SANITATION DISTRICT
2929 County Road 114
Glenwood Springs, CO 81601
Phone: (970) 945-6399
April 14, 2000
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Elk Springs Subdivision Exemption
Dear Madame or Sir:
Spring Valley Sanitation District has reviewed the proposed Elk Springs Subdivision
Exemption Plat by which a tract of land consisting of approximately 670 acres, locally known as the
Kendall Ranch, is being divided into three single family lots and a fourth parcel consisting of the
remainder of the Kendall Ranch property. The three single family lots are Lot 1, containing
approximately 7.4 acres, Lot 2, containing approximately 5.73 acres and Lot 3, containing
approximately 5.7 acres.
Spring Valley Sanitation District is the owner and operator of the sanitary sewer treatment
facilities which provide service to the Los Amigos Ranch PUD and other users within the vicinity.
As the County is aware, Spring Valley Sanitation District has a site application for expansion of its
wastewater treatment plant pending before the Colorado Department of Public Health and
Environment. Garfield County has previously commented favorably on this Application and
approval from the State is imminent.
The Applicant has reserved capacity for the three single family lots in the Elk Springs
Subdivision Exemption in the proposed treatment plant expansion and has committed to pay the
related construction costs. Thus, upon construction of the treatment plant expansion, the Spring
Valley Sanitation District will have the capacity to serve the three single family lots and will provide
such service.
• r
Garfield County Planning Department
April 14, 2000
Page 2
Please do not hesitate to contact the undersigned if you have any questions about domestic
water service or access to the single family lots within the Elk Springs Subdivision Exemption.
Very truly yours,
SPRING VALLEY SANITATION DISTRICT
By: 8',
Gr Becker, Chairman