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HomeMy WebLinkAbout2.0 Staff ReportTO: FROM: DATE: MEMORANDUM• • Garfield County Board of Commissioners Development Department June 9, 1983 RE: Supplement to the June 6, 1983 staff report for the Canyon Creek PUD Final Plat At the Board's direction, the Planning Commission reconsidered the Canyon Creek PUD Final Plat. At the meeting, it was determined that the following issues had been resolved: CONDITION CONDITION #2 The Glenwood Springs Fire Department had location of all fire hydrants. approved the #4 The Division of Water Resources had verbally informed the Development Department that the Division was withdrawing their protest to the Canyon Creek Augmentation Plan, but that it would take 7 to 10 days to complete the necessary paperwork. CONDITION #6 All easements identified as being needed are now shown on the Final Plat. CONDITION #8 Lot #42 is now included in the sewer plan. CONDITION #16 COMMENT B COMMENT D: The applicant presented a signed copy of an between the Johnson -Wolverton Ditch Company Lazier -Sills Partnership that resolves this agreement and the condition. The Colorado Department of Health District Engineer has verbally stated that he has no problems with the proposed sewage treatment plant site. The revised Final Plat has a note stating that access to lots 37, 38, 39, 40 and 41 shall only be from the north portion of the lot. As a result, the Planning Commission recommended approval of the Final Plat with the following conditions: 1. The Board chairman not sign the Final Plat until the final decree for the augmentation plan is signed and provided to the Department of Development and a copy of the Division of Water Resources withdrawal of protest be provided to the County Attorney's office. 2. That all provisions read into the record by the applicant's attorney regarding agreement to vacate the Plat within a specified period of time if the sewage treatment plant site is not approved. Additionally, language will be included in the Subdivision Improvements Agreement limiting the conveyance of lots and issuance of building permits for all lots except 14, 43, and 44 until the sewage treatment plant site is complete. • • PROJECT INFORMATION AND STAFF COMMENTS APPLICATION: Canyon Creek PUD REQUEST: Final Plat Approval OWNER: Lazier -Sills Partnership ENGINEER: The property is located in portions of Section 25 & 36, Township 5 South, Range 90 West of the 6th Principal Meridian. The site is north of Highway 6 & 24, immediately east of Canyon Creek and the Canyon Creek exit from Interstate 70. SITE DATA: The request is to develop 44 lots on 76.5 acres. The total number of dwelling units proposed on the Lazier - Sills property is 62. WATER: Private community distribution system supplied by a well. SEWER: Private collection and treatment facility and individual septic systems. EXISTING ZONING: PUD ADJACENT ZONING: North: O/S South: R/L/UD West: A/R/RD East: (North 1/2) : O/S East: (South 1/2): R/L/UD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN: The site lies within districts C & D of the Comprehensive Plan. The westerly most portion of the site, along Canyon Creek, falls into District E- Rural Areas/Severe with Moderate Environmental Constraints. It is the policy of the county to consider this area to have poor suitability for growth. This area has been designated as open space in district C- Rural Areas/Minor Environmental Constraints. The county policy is to consider lands in district C as having moderate suitability for growth when in compliance with other county policies. And, non-agricultural areas and non-productive cropland found within this district shall be considered best able to absorb growth. II. DESCRIPTION OF THE PROPOSAL: A. Site Description: The site contains approximately 76.5 acres and consists of pinion and juniper covered upland slopes, riparian areas adjoining to Canyon Creek and a highland irrigated meadow area. B. Project Description: The proposal is to develop 76.5 acres into 62 dwelling units on 44 lots. There will be 15 duplex units, 1 fourplex and 28 single facility units. III. MAJOR CONCERNS AND ISSUES: A. Staff Comments: Resolution No. 83-43 approved the Preliminary Plan of the Canyon Creek PUD with the following conditions: 1. The boundary on Lot 44 shall reflect the potential aliquot resubdivision of the section. 2. Prior to approval of the Final Plat, the County shall receive a letter from the Fire District which details and approves the location of fire hydrants, and said improvements shall be included in the Subdivision Improvements Agreement. 3. A school fee equivalent to the value of 1.24 acres, which amount shall be approved by the School District, shall be paid to the RE -1 School District as a condition of Final Plat approval. 4. The Division of Water Resources shall review and recommend approval of the Final Plat of conformance with the Final augmentation plan prior to submittal of the Final Plat. • 5. The applicant shall prepare a Fire Protection Plan to mitigate wildfire hazards, which Plan will include the stated conditions of the Colorado State Forest Service. In addition, the proposed covenants shall be modified so that the Architectual Control Committee will allow selective cuttings. The covenants will also otherwise conform to the stated conditions of the Colorado State Forest Service. 6. All easements, including utility, ditch, road and off-site drainagle easements shall be shown on the Final Plat. 7. Prior to Final Plat approval, the Board shall receive a letter from all utility companies, which letters state approval of all easement and utility layouts. 8. All lots will be connected onto the existing sewer lines, except Lots 14, 43 and 44. 9. The applicant will incorporate all recommendations of the Colorado Geological Survey, except those recommendations as to septic systems. 10. A pedestrian circulation plan shall be prepared and submitted with the Final Plat. 11. The road in the Westerly portion of the subdivision shall be provided for within an easement or right-of-way on the Final Plat. 12. The applicant shall make provision in the Final Plat or Subdivision Improvements Agreement for a security fencing and landscap screening around the sewage treatment plant. 13. The applicant's covenants and homeowner documents shall make provision for perpetual maintenance. 14. The final drainage plan shall include individual sizing of driveway culverts. 15. The applicant shall give consideration to subdividng all townhouse lots at the time of Final Plat. 16. The developer shall make reasonable efforts to reach agreement with the ditch company in regard to the protection of the irrigation ditch, with the understanding that the previous offer, read into the record by the developer, shall constitute the maximum amount to be paid by the developer for the said Agreement. Conditions 1, 3, 5, 9, 11, 13, and 14 have been addressed completely. The following comments are made with regard to the remaining conditions of approval: #2. At the time the staff report was written, there was no letter from the fire district approving the location of fire hydrants. #4. At the time the staff report was written, there was no letter from the Division of Water Resources indicating review and approval of the augmentation plan, however, included in the Final Plat submittal is a signed Referee's Ruling which has been agreed to by the local Division Engineer, Lee Enewold. It is anticipated that the State office will respond verbally prior to the Planning Commission meeting, with a written verification to follow. #6. Easements are noted on the Final Plat with the exception of the following: a. Easements for off-site surface drainage in the southwest corners and on the southern boundary are not noted. It appears that these easements may be necessary to protect the adjacent landowners. b. There is no indication as to where the sewer line will be located to serve lot #42. It would seem appropriate to indicate an easement for that line if it is going to cross the Common Open Space. c. There is no easement indicated for the Johnson -Wolverton Ditch, to allow for maintenance. #7. At the`time the staff report was written, no letters of approval from the utility companies had been received approving the easements. #8. Lot #42 is not included in the proposed sewer plan, which must be resolved prior to Final Plat approval. #12. The applicant has designed the sewage treatment plant to be completely buried with a concrete batted lid. The applicant does not feel that the required fencing is necessary. Landscaping of the site will be provided. -9- • #15. The applicant feels that the splitting of the townhouse lots is not necessary at this time and that they will be resubdivided at some future date. #16. The developer has made an offer to the Johnson -Wolverton Ditch Company as discussed at the PUD rezoning hearing. The Ditch Company has countered with an offer that they feel is more consistent with the discussion at the PUD rezoning. At this time, no agreement has baeen reached. B. In reviewing the application, it was determined that the Canyon Creek PUD had not received the Colorado Water Quality Control Commission site location approval for the sewage treatment plant. The Garfield County Enviroronmental Health officer has indicated that the site approval can take anywhere from 30 to 90 days, depending upon when the application can be reviewed by the Colorado Water Control Commission. C. The County Road Supervisor, Leonard Bowlby, reviewed the plans and has verified that the plans meet the county road specifications. D. Staff review noted that access to lots 37, 38, 39, 40 and 41 should only be allowed from Shelljo Drive, on the north side of the lots, since access from the south side will result in substantial road cuts. IV. FINDINGS: 1. That the applicant will have complied with the requirements of the Garfield County Subdivision Regulations prior to Final Plat approval. V. RECOMMENDATION: The Planning Commission tabled the Final Plat approval at the June 1, 1983 Planning Commission meeting subject to Preliminary Plan approval conditions 2, 4, 6, 8 and Issues and Concerns B and D (ABOVE) being resolved. • PROJEo INFORMATION AND STAFF CO• NTS APPLICATION: Canyon Creek PUD REQUEST: Final Plat Approval OWNER: Lazier -Sills Partnership ENGINEER: The property is located in portions of Section 25 & 36, Township 5 South, Range 90 West of the 6th Principal Meridian. The site is north of Highway 6 & 24, immediately east of Canyon Creek and the Canyon Creek exit from Interstate 70. SITE DATA: The request is to develop 44 lots on 76.5 acres. The total number of dwelling units proposed on the Lazier - Sills property is 62. WATER: Private community distribution system supplied by a well. SEWER: EXISTING ZONING: ADJACENT ZONING: Private collection and treatment facility and individual septic systems. PUD North: O/S South: R/L/UD West: A/R/RD East: (North 1/2): O/S East: (South 1/2): R/L/UD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN: The site lies within districts C & D of the Comprehensive Plan. The westerly most portion of the site, along Canyon Creek, falls into District E- Rural Areas/Severe with Moderate Environmental Constraints. It is the policy of the county to consider this area to have poor suitability for growth. This area has been designated as open space in district C- Rural Areas/Minor Environmental Constraints. The county policy is to consider lands in district C as having moderate suitability for growth when in compliance with other county policies. And, non-agricultural areas and non-productive cropland found within this district shall be considered best able to absorb growth. II. DESCRIPTION OF THE PROPOSAL: A. Site Description: The site contains approximately 76.5 acres and consists of pinion and juniper covered upland slopes, riparian areas adjoining to Canyon Creek and a highland irrigated meadow area. B. Project Description: The proposal is to develop 76.5 acres into 62 dwelling units on 44 lots. There will be 15 duplex units, 1 fourplex and 28 single facility units. III. MAJOR CONCERNS AND ISSUES: A. Staff Comments: Resolution No. 83-43 approved the Preliminary Plan of the Canyon Creek PUD with the following conditions: 1. The boundary on Lot 44 shall reflect the potential aliquot resubdivision of the section. 2. Prior to approval of the Final Plat, the County shall receive a letter from the Fire District which details and approves the location of fire hydrants, and said improvements shall be included in the Subdivision Improvements Agreement. 3. A school fee equivalent to the value of 1.24 acres, which amount shall be approved by the School District, shall be paid to the RE -1 School District as a condition of Final Plat approval. 4. The Division of Water Resources shall review and recommend approval of the Final Plat of conformance with the Final augmentation plan prior to submittal of the Final Plat. 5. The applicant 11,11 prepare a Fire Protect n Plan to mitigate wildfire hazards, which Plan will include the stated conditions of the Colorado State Forest Service. In addition, the proposed covenants shall be modified so that the Architectual Control Committee will allow selective cuttings. The covenants will also otherwise conform to the stated conditions of the Colorado State Forest Service. 6. All easements, including utility, ditch, road and off-site drainagle easements shall be shown on the Final Plat. 7. Prior to Final Plat approval, the Board shall receive a letter from all utility companies, which letters state approval of all easement and utility layouts. 8. All lots will be connected onto the existing sewer lines, except Lots 14, 43 and 44. 9. The applicant will incorporate all recommendations of the Colorado Geological Survey, except those recommendations as to septic systems. 10. A pedestrian circulation plan shall be prepared and submitted with the Final Plat. 11. The road in the Westerly portion of the subdivision shall be provided for within an easement or right-of-way on the Final Plat. 12. The applicant shall make provision in the Final Plat or Subdivision Improvements Agreement for a security fencing and landscap screening around the sewage treatment plant. 13. The applicant's covenants and homeowner documents shall make provision for perpetual maintenance. 14. The final drainage plan shall include individual sizing of driveway culverts. 15. The applicant shall give consideration to subdividng all townhouse lots at the time of Final Plat. 16. The developer shall make reasonable efforts to reach agreement with the ditch company in regard to the protection of the irrigation ditch, with the understanding that the previous offer, read into the record by the developer, shall constitute the maximum amount to be paid by the developer for the said Agreement. Conditions 1, 3, 5, 9, 11, 13, and 14 have been addressed completely. The following comments are made with regard to the remaining conditions of approval: #2. At the time the staff report was written, there was no letter from the fire district approving the location of fire hydrants. #4. At the time the staff report was written, there was no letter from the Division of Water Resources indicating review and approval of the augmentation plan, however, included in the Final Plat submittal is a signed Referee's Ruling which has been agreed to by the local Division Engineer, Lee Enewold. It is anticipated that the State office will respond verbally prior to the Planning Commission meeting, with a written verification to follow. #6. Easements are noted on the Final Plat with the exception of the following: a. Easements for off-site surface drainage in the southwest corners and on the southern boundary are not noted. It appears that these easements may be necessary to protect the adjacent landowners. b. There is no indication as to where the sewer line will be located to serve lot #42. It would seem appropriate to indicate an easement for that line if it is going to cross the Common Open Space. c. There is no easement indicated for the Johnson -Wolverton Ditch, to allow for maintenance. #7. At the time the staff report was written, no letters of approval from the utility companies had been received approving the easements. #8. Lot #42 is not included in the proposed sewer plan, which must be resolved prior to Final Plat approval. #12. The applicant has designed the sewage treatment plant to be completely buried with a concrete batted lid. The applicant does not feel that the required fencing is necessary. Landscaping of the site will be provided. #15. The applicant feels that the splitting of the townhouse lots is not necessary at this time and that they will be resubdivided at some future date. #16. The developer has made an offer to the Johnson -Wolverton Ditch Company as discussed at the PUD rezoning hearing. The Ditch Company has countered with an offer that they feel is more consistent with the discussion at the PUD rezoning. At this time, no agreement has baeen reached. See letters, pages 16 & 17 • B. In reviewing the application, it was determined that the Canyon Creek PUD had not received the Colorado Water Quality Control Commission site location approval for the sewage treatment plant. The Garfield County Enviroronmental Health officer has indicated that the site approval can take anywhere from 30 to 90 days, depending upon when the application can be reviewed by the Colorado Water Control Commission. C. The County Road Supervisor, Leonard Bowlby, reviewed the plans and has verified that the plans meet the county road specifications. D. Staff review noted that access to lots 37, 38, 39, 40 and 41 should only be allowed from Shelljo Drive, on the north side of the lots, since access from the south side will result in substantial road cuts. IV. FINDINGS: 1. That the applicant will have complied with the requirements of the Garfield County Subdivision Regulations prior to Final Plat approval. V. RECOMMENDATION: Approval subject to the following conditions being met: 1. That the applicant submit all letters identified in Preliminary Plan conditions of approval 2, 4 and 7 to the Development Department. 2. That all easements be identified for: a. All off-site drainage; b. The Johnson -Wolverton Ditch be identified legally with the appropriate easement. c. That a sewer easement be noted for lot 42, as well as being included on the sewer line plan. 3. A plat note be added that states that access to lots 37, 38, 39, 40 and 41 will be limited to the north boundaries of the lots. 4. That the applicant provide proof of Colorado Water Quality Control Commission site location approval for the sewage treatment plant to the Development Department. 5. That the Board of County Commissioners determine whether condition #16 of the Preliminary Plan approval has been met. -5-