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HomeMy WebLinkAbout2.0 BOCC Staff Report 11.03.2008BOCC - 1113t2008 0D PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: Amended and Corrected Plat SUMMARY OF REQUEST: The Applicant requests to amend a plat to change the size of two lots originally created by the Steele Subdivision Exemption. APPLICANT/PROPERTY OWNER: Wesben, LLC, Craig Westley, owner, represented byJohn L. Taufer and Associates LOCATION: SITE INFORMATION: ACCESS: EXISTING ZONING: ADJACENT ZONING: 1541 CR 132 (Mitchell Creek Road), Glenwood Springs TAX I D #21 19-27 3-OO-012 Original Steele Subdivision Exemption 9.66 +/- acres (4.83 acres each) Mitchell Creek Road, Glenwood Springs ARR D (Ag ricu ltu rallResidentia l/Ru ra I Density) ARRD, Open Space I. REQUEST The applicants are requesting that the boundary lines for two lots originally created by the Steele Subdivision Exemption of 1998. Subdivisions are legally described by recorded platsi exemptions are described by a recorded document that resembles a plat, but is not a legal plat. Because these lots were created by subdivision exemption, a boundary line adjustment could not be used to change them. Rather an amended plat process is used to modify the configuration of the entire exemption. Wesben LLC Amended Plat - II. REFERRALS Because the changes being proposed affect the entire Exemption, with no new lots, roads or access points now being proposed, Staff felt that if the comments from the agency referrals could be considered valid for this proposal. Comments from Yancy Nichol, P.E., dated January 3, 1997, state that the lot dimensions in the original design could adequately accommodate an ISDS. There were no comments or objections from the Division of Wildlife that operates the fish hatchery proximal to the original subdivision exemption, with regard to drainage or other concerns. The City of Glenwood Springs Department of Emergency Services comments dated June 10, 1997, are still relevant to the project's ability to meet the safe access provisions. The access drive and bridge for Lot 2 were designed to accommodate the Department's fire apparatus in 1997. Wildland fire risk as per the Garfield County Wildland Fire Map is shown at right. Defensible space conditions are included in the plat notes. There is a condition that schoolfees are required, but no receipt was provided. Proof of payment for the original two lots shall be a condition for approval of this new action. This proposal is on property that lies outside of any zone where traffic impact fees are assessed. The following requirements detailed in Section 6.10 (3) of the Subdivision Regulations must be satisfied for an amendment involving two parcels: Thc Boarcl shall not apploa:e au aurcuded 1>lat uuless the applicaut ha* satisfied the follou'iag criteria: A. All Garfreld Cotruty zouins requirerueuts rsill be ruet: B" All lots created vi ill h.ar.e leqal access to a public right-of-rva."- and any uecessary access easemeuts have beeu obtaiued ol are iu the process of beilg obtaiued: C- Prol-isiorr has been uracle for au adeqtrate sotuce of u.ater ia ter-nrs of both the legal aud physical clualiry, quantity aud depenclability. and a suitable t5.pe of sc$!'agc disposal to scl've cach proposed lot: D. All state and local elvironurental health and safet;r requilemeuts have been nret or are in the proces's of being uret: E. Provisiou has bcen ruade lbr any required road or sto11ll draiuage irnprovements: F. Fire protection has frcerr applor.ed by the appropliate fire disu'ict: G. Any uecessary draiuaee, i:rigatiou or utilit-'1. easemerts har.e beet obtained or arc in the process of being obtained: aud H, School fees. taxes and special assessmeflts have beeu paid" Any proposed arrleaded plat lelocatirg t$"o {2) or less property lines co:rau}ou to t$'o properties. rnay be approved by the Board of Corurry Conur:.issioflels at a ptrblic ruccting. (99-096) Wesben LLC Amended Plat - BOCC - 11/3/08 Page 3 STAFF FINDINGS: A. The proposal does not create lots, add any roads or propose any road relocation. The zoning of the Steele Exemption Subdivision was ARRD and the proposed changes of this amended lot configuration to comply with lot size and setback requirements. The recommended densities depicted by the Comprehensive Land Use Plan of 2000 are detailed at right. ln this area the recommended density is 'Residential Low Density'(RES L), 10 acres or more per dwelling unit. The Steele Subdivision Exemption predated the Comprehensive Land Use Plan of 2000, so the fact that the Exemption did not satisfy the recommended densities of the Study Area 1 Map is moot. Staff feels it is unreasonable to expect the Amended Plat action to comply with the recommended densities of 'RES L'. The site has steep slopes, as detailed at the right. While the property is outside of the geologic study boundary, information regarding the slopes can be surmised, and a topographic survey has been provided by the Applicant. The Applicant has requested the amendment of the lot lines to provide a more appropriate building envelope. The proposed lot configuration creates a building envelope that satisfies the slope requirements. Lot 1 would still have a minimum of 1 acres of area with slopes less than 40%in grade; Lot 2 would have 2 acres with slopes Iess than 40%. B. The proposal provides safe access. The existing access easement will not have to continue beyond the new parcel boundary. C. A well provides water for Lot 1, and an existing residence on Lot 2 is already so served. Slope Hazard I rrrr.rr Extent of Geologic Study lrtrlrl I I rt., uaw+ot !@rn .r,{ AE *ilr milth r\t[\\\ rrrfil ,\ ll rrl i'rl)\ill \ \'Jl\ I \irr.lr il;t:,\xt.{ Legend . ClYrnla ff:# c,xBEts(u!6EN:$L E lENr Norc1rqt cPilsPlcE /trhrarr.s 6U4 Usr9; R€'REITIOil ;:6 ri-? A!DJ, ' ets w12:c.'i lc,o,r: 3ES fi iiTC.,lC4C D,l) 16 iili' {jO!) I REg3uF:c: qr^altoN sraDlis:3N $llldySFS'. d hru.nc. (: mili.) Wesben LLC Amended Plat - BOCC - t I/3/08 Page 4 Provision has been made for an adequate source of water for both culinary purposes and irrigation to serve the lot. The lot slopes do not make it suitable for much agricultural pursuit that would involve irrigation. The well water would be sufficient to accommodate a . garden plot, yard area and the culinary needs of a very limited number of animals. D. Any ISDS system installed must be adequately separated from water systems. All state and local environmental health and safety regulations have been met or shall be met. E. Stormwater is accommodated on the lots and roads at present. No change is anticipated. F. Fire protection is to be provided by the City of Glenwood Springs. G. Electric service is provided via an apparent easement depicted on the plat. Additional considerations are found in Section 8:60. A. General conformance with the Comprehensive Plan. As discussed previously, these lots were created as part of a subdivision exemption that predated the density requirements of the Comprehensive PIan. This action does not add to any non-conformity. B. Compatibility with existing land uses in the surrounding area. The area is made up of residential parcels of similar size and zoning, with the Open Space Zone District of the White River National Forest nearby. C. Recommendations of any municipality within two (2) miles of the proposed exemption, or three (3) miles, if the municipality has a major street plan. No adverse comments from the nearest municipality, that being the City of Glenwood Springs, exist in the flle. The only comment from the City was from the Department of Emergency Services, and that was favorable. D. Recommendations of any state or local agency or organization whose opinion the Board determines is necessary or appropriate. Once again, no adverse comments exist as part of the Exemption flle. E. Suitability of soil, water, vegetation, geologic and topographic characteristics of the land for the type of division proposed. Notes on the plat require defensible flre space, a designated building envelope and that the ISDS, grading and drainage plan, soils and house foundation report to be prepared by professional engineer prior to building permit. F. Number of lots and/or multiple-dwelling units created by the proposed exemption. The lots and dwelling units are the same as the original exemption and not adding to the unconformity with the Comprehensive Plan, G. Provision for Open Space within the proposed exemption. One residence per lot is proposed, and a building envelope allows for considerable open space. H. Proposed density and provisions for adequate off-street parking. The density is in keeping with the neighborhood and there is adequate off-street parking on the lots. l. Covenants and plat notes, restricting the lots to 1. one dog for each residential unit, conflned within the property's boundaries, with adequate enforcement for worst case scenarios; 2. prohibition of open hearth solid-fuel fireplaces, and restrictions on new solid-fuel burning stoves, and an unlimited number of natural gas stoves and appliances, and 3. covenants requiring exterior lighting to be the minimum amount necessary, Wesben LLC Amended Plat - BOCC - I t/3/08 Page 5 directed inward towards the interior of the exemption, except in the case of safety lighting. Notes to satisfy the previous requirements in A- I are found on the plat. Furthermore, a statement of the requirement by the owners to control noxious weeds is also included. ]V STAFFRECOMMENDATION Staff is in support of this amendment. Planning Staff therefore recommends that the Board of County Commissioners approve this amended plat request with the following conditions. 1. That all representations of the Applicant, either within the application or stated at the meeting before the Board, shall be considered conditions of approval. 2. Any ISDS system installed must be adequately separated from water systems. 3. Within 90 days of approval, the Amended Final Plat shall be reviewed (paper copy), then signed and dated (mylar copy) by the County Surveyor, then signed and dated by the Chairman of the Board and recorded in the Clerk and Recorder's Offlce of Garfield County. The Amended Final Plat shall meet the minimum CRS standards for land survey plats, as required by Colorado state law, and approved by the County Surveyor and shall include, at a minimum, the information outlined in $5.22 of the Garfield County Subdivision Regulations. 4. The title of this new, amended plat shall be Steele Subdivision Exemption, First Amended Plat.