HomeMy WebLinkAbout3.0 BOCC Staff Report 04.10.1996REQIJ EST:
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BOCC 4/10/96
PROJECT INFORMATION AND STAFF COMMENTS
Planned Unit Development (PUD)
Modification to the Los Amigos
PUD text and plan map
APPLICANT: Los Amigos Ranch Partnership
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PLANNERS: Joseph Wells Land Planning ,Inc.
ENGINEERS: Schmueser Gordon Meyer, Inc.
LOCATION: A parcel ofland located in portions
of Sections 35 and 36, T6S, R89W;
portions of Sections 31, 32 and 33 of
T6S, R88W; portions of sections 5
and 6 T7S, R88W of the 6th P.M.:
more practically described as a tract
of land located approximately two
(2) miles southeast of Glenwood
Springs off of C.R. 114.
SITE DATA:
A 2206.0 acre tract to be split into
tracts of land that would allow a
maximum of 423 dwelling units.
WATER: Central water
SEWER: Central sewage dispoa'
ACCESS: County Road 114
ZONING: Planned Unit Development
I_ RELATIONSI-IIP TO THE COMPREHENSIVE PLAN
The PUD is located in the existing subdivision classificatio for Study Area 1 of the
1995 Comprehensive Plan. The Plan recognized the origin'1 PUD approved and
modified in 1981.
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11_ DESCRIPTION OF THE PROPOSAL
A. PU D Text Amendment: Resolution No. 81-358 is the last time the zone district
text of the PUD was defined and it contained five (5) zone districts.(See Section
B of application) The applicants are proposing to modify the number and type
of zone districts from five to seven, and creating a new High Density Single
Family zone district (H.D.S.F.). (See new PUD Zone Map, Introduction) Also
added was a school zone that was not included in the original plan, even though
a school site was included in the PUD.
B. PUD Plan Amendment: The new PUD plan maintains the same overall density
as the 1981 PUD, but the number of multi -family units has been reduced and
replaced by single family detached units. The following is a breakdown of the
units and acreage contained in the proposed and existing PUDs:
TYPE
1981 1996
Unita fires Units Acres
SF lots
High Density 0 0 80 60
Low Density 160 531 243 760
Rural Density _a 310 _4 226
Subtotal 163 841 327 1046
Townhouse Units 56 8 0 0
M ulti-Family Units
Sub #1 (sold) 96 15 96 15
South Parcel 108 70 _0
Subtotal 194 85 96 15
Total Residential 423 934 423 1061
Ag./Open Space 1203 1070
School Site 8 13
Neighborhood Com. 3 5
Roads & Utilities 58 57
Total Acreage
2206 2206
The proposed and existing PUD plans are included in the introduction of the
application.
II_ MAJOR ISSUES AND CONCERNS
A. Zoning: An approved PUD may be modified as a zone district text and PUD
Plan amendment per the provisions of Section 4.12.03 of the Garfield County
Zoning Resolution subject to the following:
(1) No modification, removal or release of the provisions of the Plan by the
County shall affect the rights of the residents, occupants and owners of
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B.
the PUD to maintain and enforce those provisions at law or in equity;
and
(2) No substantial modifications, removal or release of the provisions of the
Plan by the County shall be permitted except upon a finding by the
County, following a public hearing called and held in accordance with
the provisions of Section 24-67-104, C.R.S., that the modification,
removal or release is consistent with the efficient development and
preservation of the entire PUD, does not affect in a substantially adverse
manner either the enjoyment of land abutting upon or across a street
from the PUD, or the public interest, and is not granted solely to confer
a special benefit upon any person.
The original PUD ownership has been changed by the sale of the remaining
multi -family section to another party and the sale of a number of the presently
platted lots to other parties. Technically, each of these property owners has an
interest in the common elements of the PUD. Section 4.10 states that "the
Common Open Space of a PUD may be owned and maintained by the property
owners within the PUD or by an organization chosen therefrom or thereby."
The new PUD reduces the amount of Open Space by 200 acres. While there is
a question about the claims of the individuals, there may be a claim by the
Homeowners Association as a whole, that they needed to be a part of the
application. Each of these parties will have to be noticed for the public hearing
before the Board of County Commissioners, but there was no notice to them for
the Planning Commission meeting. Staff was concerned that there may be issues
that these property owners have that the Planning Commission will not hear
about due to the lack of a notice requirement and possibly ownership interest.
The Planning Commission recommended that the applicants get the
Homeowner's Association of the subdivision to consent to the application.
Subdivision Regulations: Since this PUD amendment will result in further
subdivision, a sketch plan is included as a part this application. The approval
of the PUD amendments will also be the first step in the subdivision process and
the next step in the process will be to submit a Preliminary Plan for the next
phase of the project.
C. Comprehensive Plan: Any PUD has to be found to be in "general conformity
with the County's general plan." For the purposes of this finding, the "general
plan" for the County is the Garfield County Comprehensive Plan, Study Area
I. The present PUD is designated as an Existing Subdivision on the Cattle Creek
Area and Carbondale Area Land Use District maps. This designation is based
on the PUD plan approved in 1981. The proposed amendments will need to be
found to be in general conformity with the present Comprehensive Plan. In
terms of the Comprehensive Plan, the following analysis is provided based on
the Goals and Objectives Section:
Housing: In general the proposed PUD meets the general goal in that a variety
of housing types are proposed for the property. One issue that will need to be
addressed is the wood burning stove restrictions that all PUD's have had to
comply with since the last PUD was approved.
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Transportation: Policy 3.6 states that "development proposals will be required
to mitigate traffic impacts on County road proportional to those impacts".
There is further discussion of this issue in terms of proportionate share in the
road impacts section of this report.
Commercial & Industrial: The development includes some commercial area that
will be consistent with Objective 4.3, which states that the County needs to
"encourage the location of commercial development in appropriate areas that
maximize convenience to County residents".
Recreation and Opn Space: The existing and proposed PUD include significant
amounts of open space, although there is one area where the property is adjacent
to BLM property and the BLM has noted some concerns about the design of the
lot layout and potential conflicts with the agency's management plans. See the
BLM letter included in the agency comments section of this report.
Additionally, the staff note that there have not been any specific proposals about
the transfer of the Open Space areas to the Homeowners Association or some
entity that they support.
Agriculture: The development has included existing agricultural land in the
open space designated for the PUD, which is adjacent to adjoining agricultural
operations in the Spring Valley area.
Water and Sewer Services: The use of ISDS is discouraged in the
Comprehensive Plan, particularly in areas that could be served by an existing
sewage disposal system. Additionally, the plan objectives strongly discourage
the proliferation of private water and sewer systems. Policy 7.2 states the
following:
"Where logical, legal and economic extension of services lines from an existing
water and/or sewage system can occur, the County will require development
adjacent to or within reasonable distance, to enter into the appropriate
agreements to receive service. The burden of proof regarding logical, legal and
economic constraints is on the developer."
The applicant's engineer has provided written comment noting that the extension
of central sewer into all portions of the PUD is physically possible, but
economically prohibitive. This issue will be discussed further in the discussion
of sewer in this report. Additionally, the present water system is a private water
system.
Natural Environment: The applicants have done a preliminary analysis of
geologic and soils constraints to the property. Mitigation of some of the
constraints will require further study at Preliminary Plan. There are no known
state or federally protected threatened or endangered species on the property.
D. Water: With the exception of the large Rural Residential lots, the entire PUD
is and will be served by a central water system. At the present time, the water
system is privately owned, which is inconsistent with the County Commissioners
current policy of requiring that the developer turn the system over to a public
entity that allows the homeowners to have some ability to be involved in the
operation, maintenance and improvement of the system. The Commissioners
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have accepted various forms of homeowners associations or a special
improvement district. At Preliminary Plan, a method of turning over the water
system to a public or quasi -public entity, that will allow the homeowners in the
development to have control and responsibility for it.
E. Sewer: Portions of the PUD are within the Spring Valley Sanitation District and
will be served by the District's facilities. The District boundaries do not appear
to have any direct relationship to the proposed and in some cases, existing
property boundaries. At the time of Preliminary Plan submittal, this issue needs
to be addressed and a proposed solution to resolve the inconsistency. Right now
there may be people that have no service from the District that are subject to the
District mill levy.
The areas within the PUD, but out of the District will either be annexed to the
District, be served via an out of district service agreement or utilize an ISDS.
The areas proposed to be served by the District are the multi -family area,
commercial area, high density residential area, the school site and "other
potential properties within or adjacent to the District. The lots to be served by
ISDS are described as the lots extend along the ridgeline and are scattered in
such a way that it would not be cost effective or practical to place them on the
central sewer system owned by the District.
It has always been the County's policy to strongly encourage the use of central
sewage treatment facilities for all lots that have access to such a system. The
applicant's engineer has provided a letter to the Planning Department after the
Planning Commission meeting, that discusses the feasil.ity of extending lines
into the large lot area along the ridge. (See letter pgs./W) The letter notes
that it is technically feasible to provide central sewer to the area in question, it
is practically and economically inappropriate.
Soil Conservation Service soils information for the area indicates that there are
areas of proposed development that have moderate and severe limitations for
ISDS leach fields. Additionally, there appear to be areas that may have slopes
in excess of 30% slope, which does not allow for the use of ISDS on areas with
slope that steep. Staff would recommend that a more detailed analysis of the
use and feasibility of ISDS on lots not being served by the central sewage facility
be done at the time of Preliminary Plan.
F. Road Impacts: The applicant was originally required to contribute $3750.00 to
the Road and Bridge Fund for improvements to CR 114 as a part of the original
PUD improvement. As a part of the Preliminary Plan approval Subdivision
II, Filings 2, 3, and 4, the Los Amigo Partnership's cash obligation was changed
to require the developer to make certain improvements to the intersection of the
subdivision's main entrance and County Road 114. Exhibit H in the
application is a letter from the Project Manager explaining the applicant's
position regarding "vested" access from a public right-of-way. The vesting that
occurred as a part of the previous approvals was based on the process and
procedures in effect at that time. Staff contends that the amending of the PUD
reopens the discussion and consideration of the possible off site road
improvements based on the current County policy. The present policy is to
require a developer to be responsible for their proportionate share of the
improvements to a road based on the development's impacts. A development
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impact fee formula is being developed for 4 -Mile road that the Commissioners
will be able to transfer to other roadways. The formula will include
contributions made to a roadway's improvement in the determination of a
developments proportionate share of the overall cost of improvements to a road.
The applicant should be responsible for the developments proportionate share
of roadway improvements, based on a formula that will include credit for any
improvements made already by the developer. Any condition related to the use
of road impact fees should be tied to a date certain, related to the filing of the
first final plat associated with the amended PUD.
The Project Managers letter also brings up an additional question regarding the
legal right to expand the present access, without having the ownership of the
property either with the County or the applicant. Until the agreement noted in
the letter is finalized, staff questions whether or not the applicant has the right
to expand the use of the access beyond the presently platted lots.
��. Emergency Access: Section 9.34 (A.) limits the length of a cul-de-sac to 600 ft.,
unless the Board approves a longer cul-de-sac "for topographic reasons and it
can be proved that fire protection and emergency egress and access is provided
as a part of the longer design." This issue needs to be addressed as a part of the
Preliminary Plan submittal, given the potential for wildfire in the area due to
steep slopes and vegetation within the development.
H. Phasing: Section 4.09.01 requires a PUD to begin development within one (1)
year from the time of its final zone change approval. The project as a whole may
be developed in stages and the development of each stage and the PUD as whole
must be completed in substantial compliance with the development schedule
approved as a part of the PUD approval. The proposed phasing schedule needs
to be moved up and the dates need to be specific, i.e. December 31, 1998.
I.
Agency Comments: The following comments have been received:
Colorado Department of Health: The Department of Health noted that there
may be slope and geologic limitations to ISDS. It was noted that the expansion
of the existing sewage treatment facilities will require an evaluation of other
alternatives, including other regional facilities in the area.(See pg. P 1 )
Roaring Fork School District RE -1: The District has determined that the
proposed school site is adequate to meet the land requirements for a school site,
as opposed to paying cash in lieu of land. (See letter pg. %L )
Division of Wildlife. The DOW sees some possible improvements to the present
layout due to lots being pulled back from the slopes, but they have made some
suggestions for future consideration in the design of the subdivision. (See letter
Pg•111L)
Carbondale & Rural Fire Protection District: The District can serve the
development's fire protection needs utilizing the water system for the
development. The District will be requiring the developers to pay impact fee at
the time of platting lots. (See letter pg. 141 )
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Bureau of Land Management: The BLM has expressed some concerns about the
tentative layout of lots in the High Density Single Family area and the potential
for use conflicts between the public and private land. They have also noted the
need to consider big game movement through the development. There are
federal minerals underlying portions of the development, that need to be
considered in any future subdivision action. (See letter pgs. it44A%
III. RECOMMENDED FINDINGS:
1. That the application submitted met the requirements of Section 10 of the
Garfield County zoning Resolution of 1978, as amended.
2. That the public hearing before the Board of County Commissioners was
extensive and complete and that all pertinent facts, matters and issues were
submitted, and that all interested parties were heard at the hearing.
3. That the proposed PUD modifications do not affect the rights of the residents,
occupants and owners of the PUD to maintain and enforce those provisions at
law or in equity.
4. That the proposed PUD modifications are consistent with the efficient
development and preservation of the entire PUD and does not affect in a
substantially adverse manner either the enjoyment of land abutting upon or
across a street from the PUD, or the public interest and is not granted solely to
confer a special benefit upon any person.
iV_ RECOMMENDATION
On March 13, 1996, the Planning Commission recommended APPROVAL of the
requested modification of the Los Amigos PUD, subject to the following conditions:
1. That additional information be provided regarding the proposed use of ISDS
versus central sewage disposal for the large single family lots.
2. A more definitive phasing plan, that starts the phasing within one year of
approval of the PUD modifications.
3. The proposed method of transferring the ownership of the water system to the,
Homeowners Association or another entity that will allow the homeowners to
participate directly in the management, maintenance and operation of the
system.
4. Prior to the consideration of this application before the Board of County
Commissioners, proof that the existing Homeowners Association has agreed to
participate or accept the modifications.
5. No open hearth solid -fuel fireplaces will be allowed; each dwelling unit will be
allowed one(1) new wood -burning stove as defined by C.R.S. 25-7-407, et. seq.
and the regulations promulgated thereunder; and there will be no restriction on
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the number of natural gas burning fireplaces or appliances included in the
protective covenants..
6. One dog will be allowed in each residential dwelling unit in the PUD This
requirement will be included in the protective covenants, and will be enforced by
the homeowners association.
7. That the County may require a road impact fee for the PUD, that would take
into account any improvements made or to be made by the applicant to County
Road 114. The proposed road impact fee will be based on a formula to be
developed by the County and based on road improvement costs developed by
the County for the entire road system.
01-U-1-trti
(J/U) 04e -1u04
FAX (970) 945-5940
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10 : TT31.0 945 59-I8
April 4, 1996
Mr. Mark Ream, Planning Director
Gar held County
109 Eighth-Strcel, Room 303
Glenwood Springs, CO 81601
RE: Los Amigos Ranch
Dear Mei k:
S G M inc 1I 102
DJG111E t16 -
S r1V4
SON Li
StMVEYORS
GOFDONNumgasicatompimriait
ME to
118 West Gita, Suite 200
Glenwood Springs, GO 81601
VIA PAX: 945-7785
In preparing for the Board o! County C:ornrnissioners hearing next Monday on the Rezoning
Application for Los Amigos Ranch, I derided to [rut into writing the discussion we had at the
P & Z meeting with respect to lhe feasibility of extending central sewer systern throughout
the project.
At the P & Z meeting, I expressed my opinion that it was hath practically and economically
not feasible to extend central sewer to the larger rural Tots which currently extend beyond the
boundaries of the Spring Valley Sanitation District (SVSD).
The SVSD was originally established in -1919 and the boundary was configured basad on a
lot layout-- under consideratioir at Ifrart point in tirrre- The boundaries of -Lite sanitation district
have been modified several times since then. The first modification was to adjust the
boundaries to conform to the platted lois for Subdivision 1_ During the hearings for the
Preliminary Plat for Filing 2, the question of the protection of the Spring Valley aquifer was
linked to the boundaries of the sanitation district_ As a result, the boundary was modified to
include all those logs which were mutually agreed to potentially be sited on top of Spring
Valley aquifer. When the first: two filings of Subdivision 2 were [)batted, the boundary was
ayzrin modified to precisely match the lot boundaries of those lots which are served by central
sewer_ Therefore, the boundary modifications done in the past-. !rave been done to ensure that
only those Tots receiving central sewer service were in the district and, therefore, haying taxes
to support the district, while those lots not receiving the service were not being so taxed. 1
fully expect that, when those future filings and subdivisions are platted that are affected by
the sanitation district occur, the boundary will be modified to continue to reflect the area
specifically serviced by the district_
Inpreparation for the P & Z Commission hczifg, 1 did a scl'em tie design for a central system
that would sorvieu lire entire proper ly. As a result of that, I concluded the following
- infrastructure would he required:
- Gravity sewerlirre 51/2 writes
- Sewer force main 2 miles
Manholes 1 00
- Large lift stations 6
- Small lift stations 2
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u-1/94/96 to:23 1'3t.3 9.15 59 l8
April 4, 1996
Mr_ Mark Bean
_ Page 2
S i; Al INC (2 003
The total estimated infrastructure costs would be in the $31/2 to $4- million range, not counting
a probable cost on the order ot $500,000 for the expansion ot the wastewater treatment
facility to service these Tots. Even after all the above were accomplished, approximately 63
out of the 1 bQ lots to be served would still require an individual in-home purnp station in order
to access the sewer collection system. lhat means there would be approximately 70 pump
stations required to provide service to the entirety of the property.
We also discussed the fact that all the units conslrucled to date at Los Amigos have standard
septic systems_ While this cert al( II nu r]Oarau,teo dial each lot within the rural portion of
the property would be able to construct a standard systern (as opposed to an evapo-
transpiration sysIern). there is evidence that adeguale subsurface soil conditions exists for
septics systems in 1.1 116 urea.
I trust this is an accurate surnrrrary of our discussion. I will be attending the County
Cornrnissioners bearing on behalf of the Applicant to further discuss the above.
Respectfully subrnitred,
SCHIV1l1ESEIt GORDON MEYER, INC.
Dei n W_ Gordon P.E.
Pre, dent-
DWG:Iec/1502C:09
cc: Greg Roei:ker
Larry Green, Lsq.
SCIIMUESER GORDON MEYER, INC.
.dwalsonwic.net, 09:58 AM 31419G , ; 1111 rr)nls e)r1 subdiv prelim plan
Return -Patti'. <dwalsorl(C)wic net
X UIDL_ 826036032.000
Comments: Authenticated sender is <ciwalson(-Th wic net-
1 -roar- dwalson(cDwi0.nel (1)wcrill Watsoi r)
lo. rllbean(ci)asw infosl-)l lel 00111
Dale: Mon, '1 Mar 1996 U0.513.05.0700
Subject. comments on subdiv In elim plans
Reply - o. (Matsui r(-t)wic.n01
X •C,onflrllr-Iteadir rg - l o dwals0rr(i)wic n0l
X- I'rntgc: 1
Return -Receipt -lo. dwalsc)lQwic nr;l
Priority. norrr►al
Mark
Wriy+rr<a0,a poitAiriihe r.1r190w04.4wirldi-tyrw9m-1."pe!rltrinlcwafy-I errrerrferhrtir "tike
ctiiikitorA04,444
We have received the Los Amigos Winch PHI) rezone application Elie
information provided is solr►ewhal limited in nature and scope. 1 1)er e is
a potential problem with slopes in the lois and possibly distance to
bedrock. The design engineer slates 11101 Spring Valley Sarrilolion
District could be easily expanded. During site application review for
such expansion the er lgir leer will need to explore alternatives natives such as
consolidation with a regional facility as required by statute. If
these lots are going 10 pump up to Spring Valley Sanitation, could 000
then assume that they could pnunp in any direction? l he lar ge lots that are;
within the district and proposed to be served by 151)S, will ll rese lot
owners be paying mill levies in their properly tax to the sanitation district`?
If these ISDS fail will they be allowed to 00011001 and will there be
capacity for them, since They are in the district and possibly paying
taxes 1U the sanitation district.
Regclrcls,
Walsc)I)
Prin(od for nlbean(c rof.nol (Mark l._. Bean)
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M 1rc11 1, 1990
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