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HomeMy WebLinkAbout9.0.4 BOCC Power Presentaion 10.13.2008Ilunt Ranch Subdivision Preliminarji Plan Garfield County Board of County Commissioners October 13t", 2008 Project Specifics Proposal: Preliminary Plan for "Hunt Ranch Subdivision" Owner: Hunt Ranch, LLC Location: Missouri Heights Property Size: 561 acres Zoning: ARRD Comprehensive Plan: Study Areal (Medium density Residential @ 6 to <10 ac / du Proposed Lots: 93 @ Density of 6.03 ac/ du Water: Central Water System (wells) Waste water: ISDS Access: CR 102 (Missouri Heights Road) Area Residential Subdivisions Vicinity Map 1 Blue Creek Ranch (49 du) 42 Aspen Equestrian Estates (50 du) 68 St. Finnbar (23)* 24 Ranch at the Roaring Fork (192 du) 22 Lion's Ridge (15 du) 23 Sun Mesa (30 du)* 17 Panorama Ranches (56 du) 87 Ranch @ Coulter Creek (26 du)* 27 King's Row (44 du) 32 Cerise Ranch (82 du) 70 White Cloud (13 du) 71 Dakota (64 du) 18 Hawk Ridge (17 du) 21 Wooden Deer (22 du) 13 Pinyon Peaks (18 du) 14 Up Cattle Creek (12 du) 9 Baby Beans (4 du) 15 Cottonwood Hollow (13 du) Other: Callicotte Ranch (27 du) Preliminary Plan Proposal: Land Use Breakdown Proposed Development Designation 92 Single -Family Residential Lots Lots 2 - 93 1 Agricultural Lot 5 Common Open Space Parcels Ag / Open Space Common Open Space Common Open Space Common Open Space Ag / Open Space Lot 1 Parcel A Parcel B Parcel C Parcel D Parcel E Internal Subdivision Roadways ROW CR 102 ROW ROW TOTAL ACREAGE Acreage (%) 204.83 (37%) 155.86 (28%) 65.36 86.46 2.03 2.32 7.02 163.19 (29%) 31.48 (5%) 6.39 (1%) 561.07 (100%) Preliminarj' Plan Wild {E.. -N. .01.11.....14 �.o-w Comprehensive Plan Map raw Jp Date I -CI CM 1 1 J 1 i i F LaanDrarais Ranches 22 23 Medium Density Residential of 6 to less than 10 acres/ dwelling unit Proposing 6.03 acres / du `` _ ! Sun Mesa (FIG i 1 1 1 on's RI:. 190_ zrch al Roadw Fork. Mee ECLestia°Y Estate ci n...., Project Issues / Concerns: Comprehensive Plan 2.0 Housing GOAS677 - ' ' 1 " = = S to Ir.�_.� .►I •iii i 1.1 �.Y i Y. \' •.Y' I r r, future residents ep :4 j o r J, 8 efiNgiiRre designed to provide safe, efficient residential structures that are compatible with and that protect the natural environment. Housing at cost of no more than 30% of the gross median income. Designate appropriate areas. Encourage mix of housing types within a development. Deed restrictions placed on the title to fix increase in value of a home. Address the challenge of lake of public support. Designate and encourage growth -favorable zones adjacent to community limits. 2.1 Housing Objectives Lots 17, 18, 28, 50 and 51 Floor Area Ration Limitations (2,500 sq/ft); Resident Occupancy; Initial sale price of no more than $250,000; Project Issues / Concerns: Comprehensive Plan 7.0 WATER AND SEWER SERVICES OBJECTIVES 7.4 Development will be required to mitigate the impact of the proposed project on existing water and sewer systems. 7.5 Garfield County will strongly discourage the proliferation of private water and sewer systems. 7.0 WATER AND SEWER SERVICES POLICIES 7.1 All development proposals in rural areas without existing central water and/or sewer systems will be required to show that legal, adequate, dependable and environmentally sound water and sewage disposal facilities can be provided before project approval. Project Issues / Concerns: Comprehensive Plan G11111.5111. wWw11.1i .!! IFL .wf_VOEO 10100 riaw,w .1W It fu,W 1.1 Mau+�L MS EU arc: mi a5 211, eef. sa •cot Lora 1:101€ rvaoLi aa• - awn. Li•T15. kialwa 66661 112.1 1646.6 664.1.1 64. 11,411 1,,.r 7.31 Kr.. S:F ((f 1S "` EE1a —WIC acre !2 1k r — /r 414.611 04113111 rM, ec*ss a., i"fl Doom .11.179.1 • JfoE 0 .f¢f S elft Qr all !o++w 000 Roti Kw LOT ,US 1./SE 1,0 111 IDMS ISaW! m 1. or Q1N1P'00 L{!P_ l5*[ST aN 5�.... LCA' SruS1,:<^PI N a VOLE rµSr / I r l c rrf fi �I. SLOPE ANALYSIS LEGEND Color Range Beg! Range End Percent 0% 20% 83.8 20% 30% 9.5 30% 40% 5.2 • 40% 100% 8!0 Nn abtaisisigtilgt ! if ltigigli 1nM MOM AMU:MI 1:1121 NCI NM R Project Issues / cerns: JVater Private central water system; •Colorado Department of Public Health and Environment (CDPHE); •Water Court Decree (Court Decree Case No. 05CW301) granted on October 31st, 2007; •Division of Water Resources (Office of the State Engineer) Memo, February 12th, 2008 (Exhibit l); • "No Material Injury"; • Included in Restrictive Covenants, are conditions of an agreement with Missouri Heights Well Users Association, which are subject to the Court Decree Case No. 05CW301; •Potable water will be monitored at each home and at the main distribution line; •Meter records will be available for inspection and a monthly report will be provided to the Missouri Heights Well Users Association, The Court Decree includes a statutorily required "retained jurisdiction" provision (1J 17). The retained jurisdiction indicates that the decree is subject to reconsideration of injury to vested rights of other decreed water rights for a period of five (5) years after the following: The augmentation plan is operational; and Hunt Ranch Subdivision is at least at seventy-five percent (75%) of build out. If a verified petition for reconsideration of adequate protection is filed, the Court will reconsider its original decision. The Decree does not identify what relief may be available to Hunt Ranch LLC, in the event that the Court finds injury has occurred. Garfield County consulting engineer found that the Applicants proposed water system appears to be adequate supply regarding water rights, wells and augmentation plan; Staff has not been presented with any evidence demonstrating that the proposed water supply is inadequate; Requirements of the Court's water decree be included in the covenants and referenced by plate note; In order to hold the County harmless from any and all claims, causes of action relating to an adequate water supply, Staff is recommending the Board require language in the Covenants, Subdivision Improvements Agreement and as a Plat note holding the County harmless Irrigation Water • Irrigation water will be provided through central irrigation system owned and maintained by the Home Owners Association; • Jim Rada, Garfield County Environmental Health Manager: -130,000+ gallons of irrigation water will be stored upslope from Lots 80 and 81; A The proposed iffigation storage pond will lx constructed with a liner to prevent seepage into the soil and therefore prevent it from affecting an ISIS systems. There is a proposed overflow pipe system that is designed to carr more than the current ditch capacity and convey it down to the hay field for use as irrigation NI, ntei. An overflow wale v iU also he constructed to convey any overflow from the irrigation pond through the roadside ditch system. it is nisi) assumed that all homes will be constructed with a 1 -footdrop in 10 -feet away from the building as required. Project Issues / Concerns: Hxternal Traffic Distribution FELSI3LI RG HOLT ULLE +1G 5 Ci 102 - SITE L,ioris Garr Kings Row Kings Row Based on existing traffic patterns (Kings Row) & proximity to surrounding roadways Fender L. LEGEND 5 = Trip Distribution Percentages Figure 7 Project Issues / Concerns: Traffic Generation / Off - Site Impacts • CDOT Access Permit(22% increase @ County Road 100 and State Highway 82); • Garfield County Road and Bridge (Exhibit P): - County Road 102 rebuilt to a 22 foot paved driving surface with two (2) foot shoulders and drainage as required, including all culverts as needed and replacements of old culverts from Eagle County Line to the intersection with County Road 100; • Eagle County - Intergovernmental Agreement; Fire Protection Central water supply system with hydrants capable of producing a minimum flow of 1,000 gallons per minute; All homes will be constructed with automatic fire sprinkler systems; Carbondale & Rural Fire Protection District Deputy Chief, Bill Gavette has determined that the proposed water supplies meet the requirements of the International Fire Code; Fees Rocky Mountain Ecological Services conducted a site-specific wildfire survey on the subject property; The findings and recommendations of this survey have been incorporated into the Preliminary Plan; Carbondale & Rural Fire Protection District is in agreement with the recommendations provided by the Applicants commissioned consultant; The recommendations include: - Defensible space; - Building design and access recommendations 16. CuI-Lk-sac fur Wee] 1) appear, to drain onto Lot to and then through Lot 17, Lot 18 ,l Lot i t, before an easement is provided fijr drainage. This easement was not shown. We have added an easement and necessary swalc to convey this drainage and have sholvn this information on an updated Preliminary Plan Map. Mountain Cross Engineering, GarCo Consulting Engineer (Exhibit Q); In the drainage plan the existing Basins 5, 6,& 7 other mitigation may he warranted to AN old downstream impact. NA, c have reviewed the drainage study and verified all calculations for the drainage basins. Runoff rates for the eloped conditions are greater than existing conditions due to an increase in the SCS 4.:rtrve number_ The curve number is affected hy increases in impervious area and development, Even though existing and developed basin areas are similar in size, the larger post -development cure number produces a larger peak runoff rate, We have provided detention areas to temporarily store the excess moll' 'and reduce downstream impacts. The historical flow offsite is not inereased from pre -development to post -development. No additional mitigation is +iarr:irui4 1 down_strearn. Open Space/Agricultural preservation Rare Plant: -Harrington's penstemon; -Highest population found on the southwest portion of the property to remain undeveloped; Trails / Paths / Parks Maintenance; Conveyance; Detailed cost analysis, sealed by an Engineer licensed by the State of Colorado outlining all proposed public improvements submitted with the Final Plat; Security to ensure all represented public improvements are completed; It is not clear if the proposed trail along CR 102 is to be constructed within or outside of the County ROW. If the Applicant is proposing the construction of a trail within County ROW the Applicant will be required to consult Road and Bridge. The proposed trail is to be maintained by the HOA. A legal description of the proposed trail shall be included in the Final Plat application. County liability regarding public trails within County ROW; Open Space/Agricultural Preservation 6 Common Open Space/Agricultural Parcels Agricultural Lot Ag / Open Space Common Open Space Common Open Space Common Open Space Ag / Open Space Lot 1 Parcel A Parcel B Parcel C Parcel D Parcel E 155.86 65.36 86.46 2.03 2.32 7.02 319.05 (57%) §6.0 of the Garfield Comprehensive Plan of 2000 Agriculture ISSUES: Issues identified throughout the Comprehensive Plan process related to agricultural uses include the following- • The rollover of agricultural land into more intense uses 0 accelerating in the County; • Historical agricultural lands are also those lands which present the least development constraints (geology topography, water availability); • As the rural areas of the County continue to develop., the need to ensure compatibility between these uses and active agricultural lands will intensify; • A growing number of traditional agricultural lands can be expected to intensify into agricultural businesses, which may affect County land use policies designed far traditional ranching, grazing and crop production. GOAL: To ensure that existing agricultural uses are allowed to continue in operation and compatibility issues are addressed during project review. Consider the use of Transfer of Development Rights. Join farmers and ranchers together to develop a land use plan for agriculture. POLICIES: 6.1 Agricultural land will be protected from infringement and assodated impacts of higher -intensity land uses through the establishment of buffer areas between the agricultural use and the proposed project. 2 Densities greater than the underlying zoning will be discouraged if the proposed development would adversely affect the adjacent agricultural operations. 6.3 Clustered development wit be strongly encouraged in areas that present potential incompatible uses. Unclear how the Applicant intends to accomplish the representations regarding the agricultural parcel (Lot 1): Planning Commission recommended requiring that the Applicant place the Agricultural Parcels into a perpetual conservation easement; Colorado Geo1oica1 Surve Sinkholes: A site-specific soils and foundation investigation, for each lot, should be done prior to issuance of building permits. Prior to approval of foundation construction and/or the issuance of framing permits, a geologist or geotechnical engineer should inspect each foundation excavation for evidence of subsidence in the soil deposits, subsurface voids, or sinkholes. If such conditions are discovered, foundations should be constructed in alternative locations. Recommended condition of approval requiring the submittal of a site-specific soils and foundation investigation for each lot to be submitted at the time of building permit application Neighboring Property Owner Concerns Water; Rural Neighborhood Character; Traffic; Density; Medium Density Residential of 6 to less than 10 acres/ dwelling unit Proposing 6.03 acres / du Panorama Ranches 7.4 acres / du Kings Row 4.9 acres / du Sterling Ranch 17.0 acres / du @6.03 acres / du -93 lots, approximately 930 ADT 7 acres / du -80 lots, approximately 800 ADT @8 acres / du -70 lots, approximately 700 ADT @9.35 acres / du -60 lots, approximately 600 ADT Planning Commission Recommendation On August 28th, 2007 Garfield County Planning Commission by a vote of 6-1 forwarded a recommendation of approval to the Board of County Commissioners with the following conditions: Conditions continued That all representation made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners; The Applicant shall include an approved Colorado Department of Transportation Access Permit with the Final Plat application; The Applicant shall complete the improvements to County Road 102 identified in exhibit P, Garfield County Road and Bridge Department referral comments, this requirement shall be included as a component of the Subdivision Improvements Agreement; Conditions continued The Applicant shall provide a 30 -foot road easement from the centerline of County Road 102 the length of the subject property; All fences and structures owned by the Applicant encumbering the new ROW shall be moved back by the Applicant for that portion adjacent to Hunt Ranch prior to the submittal of the Final Plat application the completion of this shall be included as a component of the Subdivision Improvements Agreement; Conditions Continued The Applicant shall include the recommendations of Rocky Mountain Ecological Services regarding Wildfire Hazard mitigation in the Restrictive Covenants (including but not limited to defensible space, building design and access recommendations); The Applicant shall include the recommendations of Rocky Mountain Ecological Services regarding wildlife and vegetation in the Restrictive Covenants; The Applicant shall provide documentation regarding Colorado Department of Public Health and Environment approval for the proposed Central Water System at the time of Final Plat Application; Conditions continued The Applicant shall be responsible for RE -1 School Impact Fees as identified in §9:81 of the Garfield County Subdivision Regulations of 1984; The Applicant shall include an ISDS Management Plan in the Covenants; All existing and proposed easements shall be depicted on the Final Plat; The Applicant shall map and treat all State and County listed noxious weeds on-site and provide documentation of this to the satisfaction of Garfield County Vegetation Management prior to the submittal of the Final Plat Application; Conditions continued The Applicant shall provide a Revegetation Plan consistent with the revised Revegetation Guidelines from the Garfield County Weed Management Plan, adopted on May 7th, 2001at the time of Final Plat Application; The Applicant shall include language regarding the requirement of site-specific soils and foundation investigations required at the time of building permit submittal in the Covenants; Should the Board deem necessary, The Applicant shall be responsible for creating an Intergovernmental Agreement regarding impact fees to be paid to Eagle at the time of Building Permit Submittal to the satisfaction of Garfield County Board of County Commissioners; Conditions continued 16. The Applicant shall include a Storm Water Management Plan that focuses on erosion control that prevents the detachment of soil rather than sediment control, which focuses on removal of soils particles from runoff in the Final Plat Application; Conditions continued 17. The Applicant shall include the following plat notes on the final plat: A. One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries. 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 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. D. No further divisions of land within the Subdivision will be allowed. Conditions continued 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. All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences 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 for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. Conditions continued Based on the analysis of the sub -soils on the property, Individual Sewage Disposal Systems and foundation designs are required to be conducted by a registered professional engineer licensed to practice within the State of Colorado. These studies and plans shall be submitted with individual building permit application for each lot. The cost of these studies shall be borne by the individual property owner. All streets are dedicated to the public but all streets will be constructed to standards consistent with Section 9:35 of the Subdivision regulation of 1984, as amended and repair and maintenance shall be the responsibility of the incorporated Homeowners Association of the subdivision. The mineral rights associated with this property have been partially severed and are not fully intact or transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). Development with the flood plain is subject to Garfield County Administrative Permitting. Conditions continued Accessory Dwelling Units are prohibited within Hunt Ranch Subdivision; A Site-specific soils and foundation investigation shall be submitted with the Building Permit application for each lot within Hunt Ranch Subdivision, the report shall include test borings and consolidation testing to address collapsible -soil hazard potential; Should the Board approve the proposed subdivision Staff recommends that the Board include the following plat notes and recommended conditions of approval in addition to those recommended by the Planning Commission: Water use within Hunt Ranch Subdivision shall be limited and subject to the terms of Decree in Case No. 05CW301, recorded at Reception No. and the Memorandum of Agreement between Hunt Ranch, LLC and the Missouri Heights Well Users Association, recorded at Reception No. in the records of the Garfield County Clerk & Recorder. Specifically, each lot shall be limited to not more than 500 square feet of landscaping irrigated from the potable water distribution system and 9,500 square feet of drought -resistant landscaping irrigated via the raw -water system. A landscaping and irrigation design approved by the Homeowners' Association consistent with these restrictions is a condition of activation of each lot's water supply tap.; ; The Decree in Case No. 05Cw301 contains the following provisions: "To assure that adequate protection is provided to other vested water rights or other conditional water rights, and in consideration of the specific findings and conclusions made herein, and in conformance with C.R.S. § 37-92-304(6), as amended, the changes of water rights and/or plan for augmentation decreed herein shall be subject to reconsideration by the Water Judge on the question of injury to the vested water rights of others for a period of five years after the augmentation plan becomes operations and at least 75% of the built-out of the Hunt Ranch Subdivision development." Lots 17, 18, 28, 50 and 51 shall be limited to a Floor Area Ratio 2,500 square feet; Hunt Ranch Subdivision Homeowners Association indemnifies and holds Garfield County harmless from any and all claims and causes of action arising from or in any way relating to the adequacy of the water supply; Lots 17, 18, 28, 50 and 51 shall be limited to a Floor Area Ratio 2,500 square feet; Resident occupancy for Lots 17, 18, 28, 50 and 51 require that the occupant reside in Garfield County nine -months a year; The Applicant shall include the terms and conditions of water decree case no. 05CW301 in the Subdivision Improvements Agreement and Restrictive Covenants; The Applicant shall submit a deed restriction for Lots 17, 18, 28, 50 and 51 outlining the representations of the Applicant regarding FAR, Resident Occupancy and the $250,000 initial sale price; The Applicant shall include the recommendations of Rocky Mountain Ecological Services' wildfire survey in the Covenants and Restrictions; The indemnifications required of Hunt Ranch Subdivision Home Owner's Association regarding water supply and the proposed public trail system shall be included in the Covenants and Restrictions.