Loading...
HomeMy WebLinkAbout3.0 Staff Report PC 12.10.03Exhibitsfor PC 12/10/03 (Ranch @ Coulter Creek) liW#!#.*W.$!i.{.$trliiiifiit!i:f{tf A Proof of Mail Receipts and Posting B Proof of Publication C Garfield County ZoningRegulations of 1978, as amended D Garfield CoUnty Comprehensive Plan of 2000 E Garfield County Subdivision Regulations of 1984, as amended F StaffMemorandum G Application Materials submitted by the Applicant H Lg{qr from the Ga44d County SherifPs Department dated l2l}l/OjILetter from Carbondale and Rural Fire Protection District dated l2lo3l\3 J _l4emo from Steve Anthony dated lll21l03 K StaffMemo to the BOCC dated 5ll9l03 L Letter from Road aryt Bridge Deparfinent dated l2l4/03 t fu4J a4' 1* A+t+t f/rwV PLANNING COMMISSION 12/10/03 FJ PROJECT INFORMATION AND STAFF COMMENTS REQUEST: SUMMARY OF REQUEST: APPLICAITIT: REPRESENTATTVE: LOCATION: WATER: SEWER: ACCESS: EXISTING ZONING: ADJACENT ZONING: Preliminary Plan and Planned Unit Development (PUD) review for the Ranch at Coulter Creek A request to subdivide approximately 479 acres into 26 single family residential lots and rezone the property to PUD Snowmass Land Company TG Malloy Consulting, LLC The property is located west of the intersection of County Road 115 and Cattle Creek Road (CR I 13) in the Missouri Heights area Central Water Systern Individual Sewage Disposal Systems (ISDS) County Road 115 A/R/RD (Agricultural/Residential/Rural Density) A/R/RD I. PROJECT BACKGROUND As a matter of background, the Planning Commission recently reviewed the subject application in the form of a preliminary plan for the Ranch at Coulter Creek Subdivision as it was originally proposed this summer. The Commission recorrmended approval to the Board of County Commissioners, which ultimately approved the preliminary plan on June 2, 2003, which is memorialized in Resolution 2003-41 . The project, Ranch at Coulter Creek, was originally intended to be a private ("gated") development where the internal roads within the project would be private roads managed by the homeowners association rather than be public roads dedicated to the public as required pursuant to Section 9:34 of the Subdivision Regulations of 1984, as amended. This requirernent was disclosed to the applicant during sketch plan review as well as made an explicit condition of approval in Resolution iOO:-+t which granted approval for the proposal. However, due to an apparent oversight on the part of the applicant, this request was never explored during the preliminary plan process. Planning Commission Preliminary Plan & PUD l2ll0l03 Page2 From a regulatory perspective, in order to vary this subdivision requirement, the applicant would need to submit a Planned Unit Development (PUD) application to the county, thereby pursing the appropriate regulatory avenue allowing the Board to make a decision as to whether private or public roads are appropriate for this development. Based on the foregoing, the applicant submitted a PUD application to the county for the sole purpose of requesting the Board allow the internal roads within the Ranch at Coulter Creek to be private rather than public. The applicant was required to resubmit the preliminary plan because the Board signed a resolution which contained condition no. 7 whichexplicitly required roads be dedicated to the public. Under current regulatory procedure regarding amending resolutions of approval granted by the Board, an applicant has no other recourse other than resubmitting the entire preliminary plan. Lastly, because the subject of the proposal is to address the request for the private / public nature of the intemal road system and the fact that the proposed preliminary plan is exactly as that which received approval by the Board in June, 2003, Staff has focused its substantive review on the road issue and whether or not the applicant has satisfied the PUD requirements in the Zoning Resolution of 1978, as amended. II. DEVELOPMENTPROPOSAL The applicant proposes to rezone the Ranch at Coulter Creek from its underlying zone district of Agricultural/ResidentiaVRural Density (A/R/RD) to Planned Unit Development (pUD) in order to vary the requireraent of Section 9:34 of the Subdivision Regulations of 1984, as amended. Specifically, this requirement requires that all roads within a subdivision be dedicated to the public. The applicant requests the Board vary this requirement to allow internal roads to be private and gated. By rezoning the property to PUD, the applicant proposes that all of the uses (by right, special, and conditional) as well as the dimensional requirernents (height, setbacks, minimum lot size, etc.) remain those of the underlying (A/R/RD) zone district as applied to the property. Therefore, the sole pu{pose of rezoning the property to PUD is to request the Board vary the road standard. The applicant is seeking approval for private roads for the following main reasons: Private roads are a"part of the overall strategy to preserve as many of the open space and environmental values of the property as possible while still achieving a reasonable financial return from the development"; "Keeping the roads private will contribute to the quiet rural appeal of the property"; "Practical limitations [ofthe property] that make private roads a logical solution are the site's terrain and public ownership of adjacent lands. None of the proposed roads would connect to any existing roads, nor are they likely to connect to any public road in the future and as a result, the roads are de facto private"; and Allowing private roads would limit the liability and maintenance expense that can accompany public roads." 2) 3) 1) 4) Planning Commission Preliminary Plan & PUD l2ll0l03 Page 3 The applicant proposes to construct automatic gates at both entrances to the development offof CR 1 15 (Red Canyon Road). Further, the applicant states that the proposed gate systems will not interfere with the provision of emergency services personnel (sheriff/ police, fire, arnbulance) to the development due to the gate's technologies: Legally, an easement willbe established for the roads systerns to provide full use ofthe road system for ernergency services personnel; Physically, the gates will have a control box with a key pad and an emergency service key enhry where the code and key are provided in advance to emergency services personnel. The key pad also functions as an intercom providing communication to residents and ranch manager who can open the gate remotely. The gate has automatic sensors so that it automatically opens for outbound vehicles. If a power failure occurs, the gate has a battery backup system that will take over to open the gate and leave it open until power is restored. ilI. REFERRAL AGENCIES The application was referred to the following agencies for comments. Comments that were received have been integrated throughout this memorandum where applicable. Garfield County Road and Bridge Department reviewed the proposal and did not oppose the conversion from public to private roads (See Exhibit L) Carbondale and Rural Fire Protection District (see Exhibit I) RE-l School District: Larry Eshada (Transportation Manager) reviewed the project and indicated that a school bus route travels along CR 115 in front of the development however it will only stop outside the gates and will not enter the subdivision. Garfield County Sheriff Department (see Exhibit II) Garfield County Vegetation Manager (see Exhibit J) IV. APPLICABLITY Pursuant to section 4:20 ofthe Subdivision Regulations and Section 4.00 ofthe ZorungResolution, the Planning Commission shall hold an advertised public hearing on the proposed subdivision and PUD request at a regularly scheduled meeting of the commission. The Commission shall complete its review and make its recommendation to the Board at the public hearing on the Preliminary Plan and PUD or continue the hearing to the next regularly schiduled Planning Commission meeting for additional information or public input before *ating a decision. The Planning Commission may recommend approval, conditional approval or disapproval of the Plan. The reasons for disapproval, or any conditions of approval, shall be set forth inihe minutes of the meeting or in a written Resolution. If the Final Plat is to be phased, the planning Commission shall recommend a phasing plan, along with the approval or conditional approval. r) 2) 1. ) aJ. 4. 5. Planning Commission Preliminary Plan & PUD l2ll0l03 Page 4 V. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is designated on the 'Proposed Land Use Districts, Study Area 1' map in the Garfield County Comprehensive Plan as low-density residential. The recofilmended density in this land use category is 10 acres or more per dwelling unit. Using this standard, the property could accommodate approximately 48 dwelling units, twice the proposed number of units. A number of policies in Comprehensive Plan are aimed at reducing density in future developments and preserving opens space and agricultural uses. The following statements from the Comprehensive Plan Goals, Objectives and Policies are applicable to this application: 5.0 Recreation and Open Space Objective: 5.3 The County will support and encourage the creation of open space, through the development and imple,mentation of zoning, subdivision, and PUD regulations designed to retain and enhance existing open space uses. 5.0(a) Open Space and Trails Goal: 5.1(A) To ensure that existing agricultural uses are not adversely impacted by development approved by Garfield County. 5.1(B) To ensure that wildlife habitat is a component of the review process and reasonable mitigation measures are imposed on projects that negatively impact critical habitat. Policies: 5.1(A) A1l projects approved adjacent to existing agricultural uses shall be required to mitigate any adverse impacts. These mitigational measures shall include some or all of the following: a) Appropriate buffering of building envelopes from common property boundaries; b) The use of open space to provide additional buffering; c) Dog reskictions, including limiting the number of dogs and requiring kenneling, prior to issuance of a Certificate of Occupancy. 5.2(A) Developers proposing projects located in areas defined as critical habitat by the Colorado Division of Wildlife Resources Information Systern (WRIS) will be required to propose mitigational measures during the submittal of proposed projects. Mitigational measures shall include the following: a) b) c) Planning Commission Preliminary Plan & PUD l2ll0l03 Page 5 Fencing and dog restrictions consistent with DOW recommendations; Avoidance of critical portions of the property, through the use of building envelope restrictions or cluster development concepts; Conservation easements. Agriculture6.0 6.1 6.2 6.3 Goal: To ensure that existing agricultural uses are allowed to continue in operation and compatibility issues are addressed during project review. Objectives: Ensure the compatibility of development proposals with existing farms and ranches. Ensure that active agricultural uses are buffered from higher-intensity adjacent uses. Developments adjacent agricultural uses should be reviewed in a manner that allows for flexibility in resolving compatibility conflicts with adjacent uses. Policies: 6.1 Agricultural land will be protected from infringernent and associated impacts of high- intensity land uses through the establishment of buffer areas between the agricultural use and the proposed project. 6.3 Clustered development will be strongly encouraged in areas that present potential incompatible uses. 7.0 \[ater and Sewer Services Objective: Development in areas without existing central water and sewer seruice will be required to provide adequate and safe provisions for these services before project approval. Projects proposing the use of Individual Sewage Disposal Systems (.S.D.S) will be required to assess the site's capability to accommodate these systems prior to project approval. 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 7.1 7.3 7.3 7.4 Planning Commission Preliminary Plan & PUD l2ll0l03 Page 6 sound water and sewage disposal facilities can be provided before project approval. The County will require developers proposing I.S.D.S to provide data that demonstrates to the County that the proposed site can accommodate these systems prior to project approval. Where I.S.D.S. is not feasible, Garfield County will require a sewage disposal system approved by the State of Colorado. 8.0 Natural Environment Goals: Garfield County will encourage a land use pattern that recognizes that environmental sensitivity of the land, does not overburden the physical capacity of the land and is in the best interests of the health, safety and welfare of Garfield County. Objectives: 8.2 8.3 8.5 8.6 Proposed projects will be required to recognize the physical features of the land and design projects in a manner that is compatible with the physical environment. Garfield County will ensure that natural drainages are protected from alteration. Development proposals will be required to address soil constraints unique to the proposed site. Garfield County will ensure that natural, scenic and ecological resources and critical wildlife habitats are protected Policies: 8.3 Natural drainage patterns will be preserved so that cumulative impact of public and private land use activities will not cause storm drainage and floodwater pattems to exceed the capacity of natural or constructed drainways, or to subject other areas to an increased potential for damage due to flooding, erosion or sedimentation or result in pollution to streams, rivers or other natural bodies of water.8.7 Garfield County will require development on lands having moderate or minor environmental constraints to mitigate physical problerns such as minor rockfalls, 17 to 24 percent slopes, minor mudflows, potential subsidence, high water tables, slow percolation, radioactive soils and/or corrosive and expansive soils. VI. STAFF COMMENTS As mentioned above, because the subject of the proposal is to address the request for the pivate / public nature of the internal road system and the fact that the proposed preliminary plan is exactly as that which received approval by the Board in June, 2003, Staffhas focused its substantive review on the road issue and whether or not the applicant has satisfied the PUD requirernents in the Zonrng Planning Commission Preliminary Plan & PUD l2ll0l03 PageT Resolution of 1978, as amended. (Staffhas attached the original Staffmemo (see ExhibitK) which was presented to the Board to serve as additional information for the Planning Commission as it relates to the issues raised in the preliminary plan review.) A. Zoning The applicant proposes to rezone the property from A/R/RD to PUD. In general, the intent of a PUD is to encourage design flexibility, thereby enabling the applicant to capitalize on a site's desirable features in ways that would be prohibited under the otherwise applicable zoning. In this case, the applicant wishes to change the underlying zoning for a property which already has an approved site specific development plan. However, by rezoning the property to PUD, the applicant proposes that all of the uses (by right, special, and conditional) as well as the dimensional requirernents (height, setbacks, minimum lot size, etc.) rernain those of the underlying (A/R/RD) zone disfrict as applied to the property. This is acceptable because the project was originally designed to be consistent with the development parameters of the A/R/RD zone district. The applicant does not wish to vary any of these parameters. Therefore, the sole purpose ofrezoning the property to PUD is to request the Board vary the road standard. Outside of this one request, the project is consistent with the underlying zoning (A/R/RD) even through, if rezoned, it would be designated PUD. B. PUD Review Standards Staff has reviewed the proposal against the PUD standards for review in Section 4.07 through 4.07 .10. Based on the unique and very specific nature ofthe proposal, Staffhas limited the following discussion to the main question at hand as well as to points not adequately addressed by the applicant. Again, the site specific development plan approved by the Board is consistent with development parameters proposed by the applicant which are also those of the underlying zone district. The only standards that directly address the issue ofpublic versus private roads within a subdivision is Section 4.07.03(3) which requires that the PW shall provide an adequate internal street circulation system designedfor the type oftrafJic generated, safety, separationfrom living areas, convenience and access. Private internal streets may be permitted, provided that adequate access for police and tire protection is maintained. Bicycle tralftc shall be provided for when the site is used for residential purposes. As the standard points out, the Board may permit private internal streets where the applicant has demonstrated that adequate access for police and fire protection is maintained. Staffreferred the application to the Carbondale and Rural Fire Protection District and the Garfield County Sheriff Department. The County Sheriff indicated that as long as the SherifPs Office and the Fire Departrnent have reasonable access to residents, he had no issue with the proposal (see Exhibit II). The Carbondale and Rural Fire Protection District indicated that they are satisfied with the proposal and that the method of access provided will be adequate for their needs (see Exhibl'f.I). However, they offered the following comments: Planning Commission Preliminary Plan & PUD l2ll0l03 Page 8 1. Page22 of the submittal indicates that an easement with be set forth to establish legal access for emergency service vehicles and personnel. We request an opportunity to review the easement language before it is finalized for the plat. 2. Resolution No. 2003-3 ofthe Fire District, which conditionally approved annexation ofaportion of the Ranch, requires that the developer grant the District an access and utility easement for the radio antenna site. This easernent was intended to run from the public roads to the antenna site. If the roads will be private, the Fire District will need a perpetual non-exclusive easement from County Road 115 to the antenna site. We request that the language of such an easement be negotiated and approved by the District prior to approval of the final plat. This easement would allow access by Fire district personnel, conhactors, or subcontractors to the antenna site for all uses of the antenna site, including installation and maintenance. 3. The water system described in the engineering report (Attachment 12) refers to the previously proposed water system and does not match the current master utility drawings. The current drawings contain a note "see Mclaughlin Rincon drawings for details of pump station and storage tank installation". Since the Mclaughlin Rincon drawings are not included in the submittal, the Fire District would like to review and approve the drawings for the prior to final plat approval. Therefore based on these corlments, Staff finds that the emergency services community who would need to gain access to the residents / property during an emergency are satisfied that that access would be provided. Staff finds this standard is met. It appears the only standard not addressed by the applicant is the following: Section 4.07.-03(5) The PW shallprovideforvariely in housingtypes anddensities, other facilities and Common Open Space. The applicant states that this is "not applicable to purpose of PUD (private roads)." Stafffinds this is an inadequate response to Section 4.07 .03 which states The PUD shall meet the following site plan criteria unless the applicant can demonstrate that one 0) or more of them is not applicable or that a practical solution has been otherwise achieved. The development proposes only one type of residential housing (single-family) and a result of the unit to acreageratio, only one type of darsity (low) is proposed. The applicant has not adequately dernonstrated that the request for private roads determines that this standard does not apply. While a request to privatize the roads is the impetus for applyrng for a PUD, an applicant cannot pick and choose which standards they should address as a result. Staff finds this standard applies and the applicant has not adequately demonstrated why it is not applicable. C. Other Issues Other issues worth noting include the fact that the applicant has now received their final decree for their augmentation plan for the proposed central water supply systern and the Carbondale & Rural Planning Commission Preliminary Plan & PUD l2ll0/03 Page 9 Fire Protection District has conditionally annexed the property into the district. Lastly, while work was being completed on the Weed Management Plan, a sensitive plant called Harrington's penstemon was discovered on the property in July, 2003. Staff referred this issue to the County Vegetation Management Director who provided the following comments (see Exhibit J). The response of RCC/AVLT (dated October 23, 2003) to my earlier merno of October 15, 2003 regarding Harrington's penstemon is acceptable. The applicant states that they will provide the County with a map of the occurrences of Harrington's penstemon in 2004. We lookforward to seeing that information. In the same ,nemo, there are recommended changes to the Protective Covenants thatwould help minimize impacts to Harrington's penstemon. Staff encourages the adoption of these recornrnendations. As a result, Staffhas included those recommended changes as conditions of approval. VII. PLANNING COMMISSION FINDINGS 1. That proper publication, public notice, and posting was provided as required by law for the hearings before the Planning Commission and before the Board of County Commissioners. 2. That the public hearings before the Planning Commission and the Board of County Commissioners were extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings. 3. The application is in compliance with the standards set forth in Section 4:00 of the Garfield County Subdivision Regulations of 1984, as amended. 4. That the proposed subdivision of land is in compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated areas of the County. 5. The proposed subdivision of land conforms to the Garfield County ZorungResolution of 1978, as amended. 6. The proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. VI[. STAFF RECOMMENDATION Staffrecommends the Planning Commission forward a recommendation of APPROVAL to the Board of County Commissioners for the proposed Preliminary Plan and PUD request for the Ranch at Coulter Creek subject to conditions of approval. Planning Commission Preliminary Plan & PUD l2ll0l03 Page 10 IX. PLANNING COMMISISON RECOMMENDATION The Planning Commission forwards a recommendation APPROVAL to the Board of County Commissioners for the proposed Preliminary Plan and PUD request for the Ranch at Coulter Creek subject to the following conditions of approval: l. That all representations made by the Applicant in the application and as testimony in the public hearings before the Planning & Zoning Commission and Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. All conditions of approval contained in Resol bytheBoardof County Commissioners shall also be conditions for this ication and will be included in a new resolution that shall be supprseded and replaced i y anew resolution The Applicant shall provide a Deed of Easement dedicating a perpetual access easement over and across all roads within the subdivision allowing unfettered access for all applicable emergency services personnel. These easernents shall be shown on the final plat. As part of the final plat submittal to the county, the applicant shall obtain a letter signed by the applicable emergency services agencies indicating an agreement to the terms ofthe easement agreernent and that proper access codes and keys have been provided to those agencies. Resolution No. 2003-3 of the Carbondale and Rural Fire District, which conditionally approved annexation of a portion of the Ranch, requires that the developer grant the Disfrict an access and utility easement for the radio antenna site. This easernent was intended to run from the public roads to the antenna site. The applicant shall provide the Carbondale and Rural Fire Protection District aperpetual non-exclusive easernent from County Road I 15 to the antenna site. The applicant shall provide the language of such an easernent to the Disfrict in order to be negotiated and approved by the District prior to approval of the final plat. This easement would allow access by Fire district personnel, contractors, or subcontractors to the antenna site for all uses of the antenna site, including installation and maintenance. The water system described in the engineering report (Attachment 12) refers to the previously proposed water systern and does not match the current master utility drawings. The current drawings contain a note "see Mclaughlin Rincon drawings for details ofpump station and storage tank installation". Since the Mclaughlin Rincon drawings are not included in the submiffal, the applicant shall provide the Carbondale and Rural Fire Protection District with the referred to "Mclaughlin Rincon drawings" for review and approval prior to final plat approval. The Applicant shall incorporate the recommended changes to the Declaration of Protective aJ. 4. 5. 6. \ Planning Commrssron Preliminary Plan & PUD l2ll0l03 Page 11 Covenants proposed by Lisa Tasker and Dawn Keating regarding the Harrington's penstemon as included in their memo to Tim Malloy dated October 23,2003. Accordingly, The Applicant shall provide the County Vegetation Manager with a map of the occurrences of Harrington's penstemon in 2004. These changes the covenants are included below: a) Page 5. 6. General Requirements. b. Site Location: ...the Architectural Committee shall exercise its judgment to attempt to presave the natural characteristics of each Lot, including trees, vegetation, particularly the Harringtonb penstemon, and the natural setting. b) Page 9. 8. b. Defensible Space: (ix) When implementing a plan to reduce flammable material around structures, survey the area to be treatedfor the Harringtonb penstemon and avoid removing or trampling it. c) Page 12. 12. Domestic Animals: ...horses may be kept in a stable and a small corral upon any Lot so long as the corral is not in a location that the Harrington's penstemon has been mapped. If the penstemon has beenfound, the location of the corral shall be alteredin order to seek to avoid the penstemon. Page 13.3. Underground Utility Lines: All water, electrical and telephone lines, within the Subdivision, shall be buried underground beneath Subdivision roads and driveways or in such other locations that shall seek to avoid the Hanington's penstemon, and shall not be carried on overhead poles... Pages 14 - 15" 7. Individual Sewa&e Disposal Systerns: Each ISDS shall be designed and located to minimize tree removal, seek to avoid the Harringtonb penstemon, arrd changes to the natural contours of the land. Paee 15. 8. Trees and other Sigudficant Plants: All construction ...sha11 seek to avoid the Harringtonb penstemon,mitimize the removal, and maximizethe preservation, of trees... Page 15 - 17. Additional Restrictions on Lots: Add 10. Construction Management. In order to protect the Harringtonb penstemon and other native vegetation, all construction activity, storage of materials,fill and debris, parking ofvehicles and equipment shall occur within the building envelope. d) e) s) Z,/u / tstw /).^ / ,$c.- / //l- / 'ir -/ Vh""- czzz ?"^ / bo" Planning Commission Preliminary Plan & PUD 1,2110103 Page 12 Note: As a practical matter, the Planning Commission should entertain a motion on the request for the PUD (rezoning) first, then entertain a motion on the Preliminary Plan. Also, Staff has included the conditions of approval required by the Board of County Commissioners from the original preliminary plan as conditions for the presently requested preliminaryplan and PUD. / ./< l/ /n"**"'<"' ' h"rh*) V,,I \* ,/ / / ,( t-/ 12l10/2003 03 r20 FAX S70 945 0833 IG },IALLOY CDNSULTING rd o0l /oo3 TG MALLOY CONSULTING, LLC FACSIMILE TNANSMITTAL SHEET P&OMr TirnMdloy FredJarnin CClMPANIY: Crarfield County Planni$g D^TE, Dcccmbct 10,2003 l-Ax ruNBlilt. 3S4-3470 .TOTAL NO. OF PAOES TNCLUDING COVEI( 3 PltONL, NUM$rrn 945-8212 SENDSR'S REFERENGE ].T UMEER Y(rUR ltEl' EItliN (ltr NtJ Mllrln Fishcr Ctt-'ek $p..i"l Managerneot Area Flyer E urctrN'l E rt:n RF.vrEw D u.nasn CoMMF.NT D pl.e,rsE REpLy E rrcesu RLcYcLu NOTFSICOMMbN'1'S Hi Fred - Hcte is the flyer I promisd you tcgarding thc Fisher Crcek Spccid Manegcrnent Arce. Thanl* fot thc cell this aftemoon. . . see you ronightl Irln RECEI\IED t}EC 1 0 2003 a02 rAlx rrtrv{ Er.rf,wOc)I} SfttNCt C0!Ot^DO tt0Ot tilt s4e -orrz r -MAtL: tuMALLot@rotGARFiELD COUNTY NXLDING & PI.ANNING