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HomeMy WebLinkAbout6.0 Director's Decision 06.03.2016June 3, 2016 Garfield County Community Development 108 8th Street, Suite 40 I, Glenwood Springs, CO 81601 Office: 970-945-8212 Fax: 970-384-3470 Carl Moak 1082 Cattle Creek Ridge Road Carbondale, CO 81623 cmoak@ sopris.net RE: Director's Decision — Ranch at Coulter Creek Garfield County File Number FPAA-02-16-8425 Dear Mr. Moak; This letter is being provided to you as the authorized representative of the Ranch at Coulter Creek Homeowner's Association in regard to the General Administrative Review Application for a Final Plat Amendment for the Ranch at Coulter Creek. This subdivision contains 26 number of single family Tots, open space and conservation easement area on 479 -acres. The Director's Decision is to deny the request to delete the plat note restricting the homesites within the subdivision to one dog. This decision is based upon the staff report review and the following findings: 1. That proper public notice was provided as required for the Director's Decision. 2. Consideration of the Application was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were given an opportunity to provide input prior to the Director's decision. 3. That the application has not met the requirements of the Garfield County Land Use and Development Code, as amended. 4. That the application is not in compliance with the Preliminary Plan requirements for the subdivision with regard to mitigation measures for wildlife. This Director's Decision will be forwarded to the Board of County Commissioners for a period of 10 days so that they may determine whether or not to call up the application for further review. Call-up may be requested by the Applicant as well Ranch at Coulter Creek Amended Final Plat Director Decision June 3, 2016 as any other interested party. If the 10 day period passes with no request for review or public hearing the decision will be final. Please contact this department if you have any questions. Sincerely, Tamra Allen, AICP Acting Director of Community Development Department CC: Board of County Commissioners File 2 Director Decision, June 3, 2016 Exhibits — Ranch at Coulter Creek FPAA-02-16-8425 Exhibit Letter (A to Z) Exhibit A Public Hearing Notice Affidavit, with attachments B Garfield County 2013 Land Use and Development Code, as amended C Garfield County Comprehensive Plan 2030, as amended D Application E Staff Report F Letter dated May 17, 2016 from Perry Will, Colorado Parks and Wildlife G Email from Carl Moak to Perry Will, CPW, dated May 24, 2016 H Email from Carl Moak re: wildlife restrictions, dated May 24, 2016 I Staff Comment letter dated June 3, 2016 J Letter dated June 3, 2016 from Perry Will, Colorado Parks and Wildlife K Director decision letter L M N 0 P 0 REVISED JUNE 6, 2016 PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) REPRESENTATIVE LOCATION LEGAL DESCRIPTION ACRES ZONING EXHIBIT Administrative Review — Final Plat Amendment All lots owners in Ranch at Coulter Creek and the Homeowner's Association Carl Moak — Ranch at Coulter Creek HOA Northeast of the Town of Carbondale - north of intersection of CR 100 & CR 113 Final Plat — Ranch at Coulter Creek filed at Reception No. 653768 Overall Subdivision 479 -acres Planned Unit Development DESCRIPTION OF THE PROPOSAL t •1 1go.J I Ranch Coulter Creek w RAM MC5 Sti`• , 170ti .•' i s Ai Leek*: la orAn (zLBiu, lAnatir ISPOIT .6:4)11. Wage The Applicants seek removal of a Final Plat note that restricts the number of dogs per each residential unit in the subdivision to one (1). Instead, they are requesting allowance of up to three (3) dogs per lot owner, a restriction that they propose to be added to their subdivision Protective Covenants. The Ranch at Coulter Creek Planned Unit Development and subdivision approval was granted by the Board of County Commissioners in 2004 for 26 single family lots. The approval required a note on the Final Plat limiting the number of dogs permitted within the subdivision to one (1) per residential unit. Each lot within the Ranch at Coulter Creek is permitted, by -right, one single family dwelling unit. This restrictive plat note was applied to all subdivisions in Garfield County that were subject to wildlife values and therefore the limitation on the number of domestic animals was used as a mitigation measure related to protection of wildlife and ranching operations from the proposed development. Ranch at Coulter Creek Plat Amendment June 3, 2016 REVISED The existing plat note is as follows: €. ONS 0) DOG MLL 9E ALLOW'ED FOR (ACH RCS:DENT1AL UNIT IMTHIN THC PUD ANO Thf DO a SHALL 8E REQUIRED TO BC CONFINCO w?flfIN THE O*NERS' PROPERTY 9OuNDARJCS The site is located in Missouri Heights approximately four (4) miles north of State Highway 82, just north of the intersection of CR 100 and 113 and is comprised of 479 -acres approved for 26 single family residential units. Aspen Valley Land Trust holds a conservation easement on all areas of the subdivision outside of the individual lots. The original County approvals further restricted domestic animal use based upon the Division of Wildlife (now Colorado Parks and Wildlife) assessment of the area, particularly for use of the area during the winter months due to the area being critical mule deer and elk habitat classified as winter range for both species, and severe winter range for elk. Restrictions currently exist related to the timing of use of the conservation easement area in order to protect the existing wildlife values of the area. If approved, the request would allow the number of dogs permitted within the subdivision to increase from a current maximum of 27 dogs (ono per permitted single family 21Page Ranch at Coulter Creek Plat Amendment June 3, 2016 REVISED residential unit and one per the pre-existing ranch manager dwelling) to up to 81 dogs if each lot owner is permitted up to three (3) mature dogs as proposed in the draft subdivision covenants. IL REFERRAL COMMENTS A. Colorado Parks and Wildlife, Exhibits F and J — Perry Will has responded to the referral request that the subdivision lies within critical mule deer and elk habitat classified as winter range for both species and severe winter range for elk. Ultimately, CPW recommends that the subdivision continue to be limited to one dog per lot. B. County Surveyor — No comments have been received. III. STAFF COMMENTS AND ISSUES A. Wildlife Mitigation Measures Staff has completed research into the history of entitlements on the Ranch at Coulter Creek, particularly as related to wildlife. First, it is significant to understand that the property was purchased by the Aspen Valley Land Trust (AVLT) who then sold the property to Snowmass Land Company, later known as SLC -Laurence, LLC. AVLT solicited development proposals for a maximum of 26 residential lots and placed a conservation easement over the balance of the property. AVLT was the original Applicant for Preliminary Plan approval for the subdivision of the property. The Preliminary Plan and subsequent PUD application noted wildlife values associated with the area and ensured protection of the critical habitat areas by requiring restrictions on the number of dogs permitted, fencing permitted within the development, and timing regarding use of the conservation easement area. The development proposal was to cluster the residential units to protect wildlife corridors that allow for animal movement through the property. Together these restrictions were found to adequately mitigate the potential impact of the proposed development and adequately protect the existing wildlife values of the area. Application of the one dog rule in the subdivision currently permits a maximum of 27 dogs in the development, one per residential unit calculated by the 26 lots permitted one single family dwelling unit and the pre-existing ranch manager unit. The current request of three (3) dogs per lot would permit up to 81 dogs in the subdivision. Given the significant conservation and habitat qualities of the area, as well as concern by CPW regarding protection of wildlife from harassment of domestic animals in this area, it does not appear that the request to increase the number of dogs within the subdivision can be adequately mitigated by the restrictive measures proposed by the Applicant. Perry Will, Wildlife Manager of the Colorado Department of Parks and Wildlife, responded to the application proposal, Exhibit F, and revised letter included as Exhibit J, that CPW recommends that the County maintain the one dog requirement in this subdivision. Wage. Ranch at Coulter Creek Plat Amendment June 3, 2016 REVISED Staff provided the CPW comments to the Applicant and received several responses: the first an email that the Applicant sent to CPW, Exhibit G, citing their lack of acceptance of the mitigation measures included in Exhibit F. The Applicant then responded to Staff that the CPW-proposed restrictions were unacceptable, Exhibit H. Staff strongly recommended that the Applicant consult with CPW for their input and support before tendering this application. This recommendation was made during the Pre -application Conference held with the Applicant on September 18, 2015 when Staff informed the Applicant that the Staff would rely upon CPW's expertise on this issue and on the appropriateness of the request. The subdivision has been identified as having wildlife values that should be protected. The requested increase in the number of dogs permitted on the property would allow up to 54 additional dogs on the property that are not currently allowed today. Without adequate mitigation measures to protect the existing wildlife values Staff is not able to support the request. Mr. Moak, the Applicant's representative, has commented that each lot is currently permitted two (2) dogs as one dog is permitted per each "residential unit". This appears to be erroneous as the PUD zoning only permits by -right a single family residential unit on a lot, therefore the current plat note restriction is in fact stating that each lot is limited to one (1) dog. B. Staff Comment Letter Staff has reviewed the proposed amended plat for the Ranch at Coulter Creek and has provided the Applicant with comments related to revisions that would need to occur should the application be approved. This letter is attached as Exhibit J and should be considered as conditions of approval if the application is approved. These comments include: 1. The Applicant has proposed, and Staff initially accepted, a proposal to allow 26 lot owners and multiple lienholders of all lots in the Ranch at Coulter Creek Subdivision affected by the proposed amended plat to sign individual Certificates of Dedication and Ownership and Lienholder Certificates rather than literally having dozens of entities signing the mylar, as required in all other instances of plat approval. This would require that the Certificate of Dedication and Ownership and Lienholders Certificates be amended to adequately reflect the owners and Iienholder consent occurring through a different recorded instrument. 2. The Certificate of Taxes Paid, required to certify that all taxes due and payable on properties contained in the plat, was omitted and is required to be located on the plat. The Treasurer is required to sign this certificate prior to Board approval. 3. Aspen Valley Land Trust is an easement holder on the property and as such are required to sign the plat. An Easement Holder Certificate is required to be added to the plat. Ranch at Coulter Creek Plat Amendment June 3, 2016 REVISED IV. SUGGESTED FINDINGS AND RECOMMENDATION Staff recommends that the Director of Community Development deny the requested plat amendment based upon the following findings: Suggested Findings: 1. That proper public notice was provided as required for the Director's Decision. 2. Consideration of the Application was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were given an opportunity to provide input prior to the Director's decision. 3. That the application has not met the requirements of the Garfield County Land Use and Development Code, as amended. 4. That the application is not in compliance with the Preliminary Plan requirements for the subdivision with regard to mitigation measures for wildlife. Wage Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. My application required written/mailed notice to adjacent property owners and mineral owners. V Mailed notice was completed on the 31-cl day of Mo. 2016. J All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] ._ • Please attach proof of certified, return receipt requested mailed notice. ❑ My application required Published notice. Notice was published on the day of ■ Please attach proof of publication in the Rifle Citizen Telegram. ❑ My application required Posting of Notice. Notice was posted on the day of , 2016. , 2016. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. (,co -1 F. Moak Name: Signature: Date: Ac cJ * C4L.!* Creek /4°4 iTys twra STUT 6LE0 TO00 OhEO 9TOL g Ill 1 Iht ©00E r TL60 6LE0 'L000 0hE0 9'tOL • w 3 0 • A 1- 0- -63 — aw U W CC cv Q 2 cu cn � W o = v CJ)W E 5660 6LE0 '0000 0t1E0 9TOL maimrimnimin • S• Form 3800, A . n 20 5 PSN 7530-02.000-904 COLORADO Parks and Wildlife Department of Natural Resources Gtenwood Springs Area Office 0088 Wildlife Way Glenwood Springs, CO 81601 May 17, 2016 Kathy Eastley Senior Planner Garfield County Community Development 101 8th Street Suite 401 Glenwood Springs, CO 81601 RE: FPAA-02-16-8425 Ranch at Coulter Creek Referral Dear Ms. Eastley, Colorado Parks and Wildlife (CPW) has reviewed the proposed plat amendment for the Ranch at Coulter Creek subdivision located off of County Road 115, Carbondale, Colorado. The proposed amendment requests that the number of dogs allowed per parcel be increased from one to three. CPW staff has spoken with Aspen Valley Land Trust who holds the conservation easement on the property. The purpose of the conservation easement is for the protection of wildlife and wildlife habitat. The Ranch at Coulter Creek lies within critical mute deer and elk habitat and is classified as winter range for both species and severe winter range for elk. Both species have been observed by CPW staff using the property. Primary use for elk is during the winter months. Mule deer utilize the property year-round but use and numbers peak during the fall and winter months. Dogs can impact wildlife through direct contact and through indirect harassment. State law prohibits dogs from harassing wildlife. It is recommended that an increase in the number of dogs on individual private parcels be granted with strict rules in place to protect wildlife. Dogs should be fenced in or leashed at all times to prevent chasing wildlife moving through the property. Dogs should be prohibited from areas protected by conservation easements. Colorado Parks and Wildlife appreciates the opportunity to submit comments for this project. If there are any questions or needs for additional information don't hesitate to contact Land Use Specialist, Taylor Elm at (970) 947-2971 or District Wildlife Manager, Matt Yamashita at (970) 947-2931. Bob D. Broscheid, Director, Cdaado Parks and Wildlife • Parks and Wildife Commission: Robert W. Bray, Chair Chris Castilian, Vice Chair • Jeanne Hone, Secretary • Jahn Howard, Jr. • Bill Kane • Dale Pixel • James PritrA • James Vigil Dean Winerieid • Michelle Zimmerman • Alex Zipp Sincerely, zz4;;k.,,..._, Perry WjM; Area Wildlife Manager Cc. Matt Yamashita, District Wildlife Manager Taylor Elm, Land Use Specialist File Kathy A. Eastley From: Carl Moak <carl@summitcanyon.com> Sent: Tuesday, May 24, 2016 4:50 PM To: perry.will@state.co.us Cc: matt.yamashita@state.co.us; Kathy A. Eastley; dave@avlt.org Subject: Ranch at Coulter Creek Plat Amendment Application Perry, I left both you and Matt Yamashita phone messages. I spoke to Matt more than six months ago concerning this plat amendment application to change the number of dogs allowed to 3 per parcel. He supported this change, but asked that we revise our Covenants to extend the prohibition on dogs in the Conservation Easement to winter and spring instead of just spring to protect newborn fawns. We agreed to this change and submitted our application reflecting this change to Garfield County. The Aspen Valley Land Trust, who holds the Conservation Easement, also wrote a letter supporting the change. For the record, there is no mention of dogs in the Deed of Conservation Easement. Your letter of May 17, 2016 in response to our application goes much further than the restrictions proposed by Mr. Yamashita and proposes a total prohibition on dogs in the Conservation Easement. Your proposal means I wouldn't be able to walk my dog on leash on the hiking trails in the Conservation Easement in July, even if my dog was completely under my control and not harassing wildlife directly or indirectly. I am not familiar with all of the law, but I don't believe that the CPW can restrict dogs on private property which are not harassing wildlife. In any case, the Ranch at Coulter Creek Homeowners cannot accept your proposed change as it is counter to the lifestyle that attracted them to the Ranch in the first place. I request that you revise your letter to align with request that Mr. Yamashita made, which the HOA has already agreed to. Thanks, Carl Carl Moak cari@summitcanyon.com Summit Canyon Mountaineering 307 8th St. Glenwood Springs, CO 81601 Phone: 970-945-6994 Fax: 970-945-7586 1 Kathy A. Eastley From: Carl Moak <carl@summitcanyon.com> Sent: Tuesday, May 24, 2016 4:54 PM To: Kathy A. Eastley Cc: R Noone; Carl Moak; Mark Beckler; Kelly Cave Subject: Re: Ranch at Coulter Creek Plat Amendment Kathy, The HOA cannot and will not agree to the change proposed by the DPW. Their position is that I could not take my dog on a leash for a walk on private property owned by me and the other Owners. See my email to Perry Will. If the DPW does not revise their letter and the Director denies our application for that reason, the HOA will appeal the decision to the Commissioners. Thanks, Carl Carl Moak Carl @sununitcanyon.com Summit Canyon Mountaineering 307 8th St. Glenwood Springs, CO 81601 Phone: 970-945-6994 Fax: 970-945-7586 NEW Garfield County Community Development 108 8th Street, Suite 401, Glenwood Springs, CO 81601 Office: 970-945-8212 Fax: 970-384-3470 June 3, 2016 Carl Moak 1082 Cattle Creek Ridge Road Carbondale, CO 81623 carl(a.summ itcanvo n.corn RE: Plat Comments — Ranch at Coulter Creek Garfield County File Number FPAA-02-16-8425 EXHIBIT Dear Mr. Moak; Garfield County has reviewed the proposed amended plat for the Ranch at Coulter Creek and has the following comments regarding changes that will be required to the plat if your application is approved: 1. The incorrect Certificate of Dedication and Ownership was utilized on the plat, the correct Certificate will start with "Based upon the review and recommendation of the Director of Community Development..."; 2. Certificate language for the Certificate of Dedication and Ownership and the Lienholders Certificate will need to be proposed by the Applicant, based upon the allowance to record individual owner Certificates. The proposed language will be reviewed by Planning and the County Attorney's Office to determine its sufficiency and should include a list of all the properties by legal description with names of the owners in the Certificate of Dedication and Ownership and the legal description with names of lienholders in the Lienholder Certificate. 3. The Certificate of Taxes Paid has been omitted, please add it to the plat. 4. A Plat note must appear on the plat restricting the number of dogs per homesite. The current request is up to three (3) dogs may be permitted per lot. This would require amending the plat note rather than replacing it. This would also require amending the purpose statement currently on the plat to reflect the amendment to the plat note rather than its removal. 5. Aspen Valley Land Trust is an easement holder on the property. Please add an Easement Holder Certificate so that AVLT can sign the plat. 1 Ranch at Coulter Creek May 23, 2016 6. We are awaiting final comments from Colorado Parks and Wildlife regarding the request. Their comments will be incorporated into the decision-making process once they have been considered. This may result in a requirement for additional plat notes or other language requirements. These changes will be included as conditions if the request is approved. If the application is approved staff would appreciate the ability to review the revised plat, based upon the above requirements, prior to creation of the mylar so that we can assure that all necessary changes have been made. Feel free to contact me with any questions. Sincerely, Kathy Eastley, AICP CC File Kelly Cave, Assistant County Attorney 21 Page 6/3/2016 COLORADO Parks and Wildlife Department of Natural Resources Glenwood Springs Area Office 0088 Wildlife Way Glenwood Springs, CO 81601 Kathy Eastley Senior Planner Garfield County Community Development 101 8th Street Suite 401 Glenwood Springs, CO 81601 RE: FPAA-02-16-8425 Ranch at Coulter Creek Referral Dear Ms. Eastley, EXHIBIT Colorado Parks and Wildlife (CPW) has reviewed the proposed plat amendment for the Ranch at Coulter Creek subdivision located off of County Road 115, Carbondale, Colorado. The proposed amendment requests that the number of dogs allowed per parcel be increased from one to three. Dogs can impact wildlife through direct contact and through indirect harassment. State law prohibits dogs from harassing wildlife. Local conflicts regarding dogs chasing big game have increased especially during winter and spring months when wildlife are most susceptible to impacts from harassment. CPW staff has spoken with Aspen Valley Land Trust who holds the conservation easement on the property. The purpose of the conservation easement is for the protection of wildlife and wildlife habitat. The Ranch at Coulter Creek lies within critical mule deer and elk habitat and is classified as winter range for both species and severe winter range for elk. Both species have been observed by CPW staff using the property. Primary use for elk is during the winter months. Mule deer utilize the property year round but use and numbers peak during the fall and winter months. CPW staff has spoken with the county planning department and referenced historical documents regarding the initial development of the subdivision. Initial comments supplied by the Division of Wildlife in 2002 reflect the potential impacts dogs can directly and indirectly have on wildlife. The 2002 comment letter recommended a winter restriction on dogs on the property and the adjacent BLM land and a limitation of one dog per home site. CPW still recognizes the importance of the property to wildlife and continues to recommend that home sites be limited to one dog. Further CPW recommends a Bob D. Broscheid, Director, Colorado Parks and Wildlife • Parla and Wildlife Commission; Robert W. Bray, Chair Chris Castilian, vice Chair • Jeanne Home, Secretary • John Howard, Jr. • Bill Kane • Dale Ptnel • James Pn"byl • James Vigil Dean Wingfield • Michelle Zimmerman • Alex Zipp prohibition of dogs on open space areas from December 1 through April 15 to protect wintering wildlife. Colorado Parks and Wildlife appreciates the opportunity to submit comments for this project. If there are any questions or needs for additional information don't hesitate to contact Land Use Specialist, Taylor Elm at (970) 947-2971 or District Wildlife Manager, Matt Yamashita at (970) 947-2931. Sincerely, /,,r ----- Pe Will,[rea Wildlife Manager Cc. Matt Yamashita, District Wildlife Manager Taylor Elm, Land Use Specialist File STATE OF COLORADO Bill Owens, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Russell George, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) ?97-1192 Tamara Pregl Garfield County Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: Ranch at Coulter Creek: Sketch Plan Dear Ms. Pregl, eti Nov ea"„D 2002 For Wildlife - For People I have reviewed the sketch plan for the Ranch at Coulter Creek and would like submit a few comments. I have met with Dawn Keating, Wildlife Consultant, previous to this application to review the wildlife concerns. I would like to reiterate some of the points. • Keep fencing to a minimum and follow the CDOW fencing recommendations. If any hay will be stored on site, I would recommend a stack yard be constructed to keep wildlife out. • The open space and adjacent BLM Iand be closed to dog use during the winter and dogs must always be on leash outside of housing footprint. Limit the number of dogs allowed for each home site to one dog. If they have outside kennels, it should include a closed in roof to keep mountain lions from predating on pets. During construction, contractors should not be allowed to have dogs on site. • Cats should be kept indoors at all times. Cats are a major predator to small rodents and birds. • CDOW will not be liable for damage to landscaping from wildlife. Bear -proof dumpsters or trash bins should be provided by the homeowners. I would also suggest trash compactors for each household to reduce the amount of waste. • Hunting should not be prohibited. As long as it can be done in a safe manner, this could be a necessary tool for wildlife management. The adjacent BLM land is a popular hunting area and the homeowners should be aware that this is a legal hunting area. If you have any questions, feel free to call me at 963-6523. Sine Y, elly Woo District Wildlife Manager DEPARTMENT OF NATURAL RESOURCES, Greg E. Welcher, Executive Dlrecoar WILDLIFE COMMISSION, Rick Flom, Chair • Robert Shoemaker,Vice-Chair • Marianna Raftopoulos, Secretary 1 EXHIBIT Garfield County To: Mark Beckler - Sopris Engineering - LLC From: Scott Aibner — Garfield County Surveyor Subject: Plat Review — Ranch at Coulter Creek Amended Plat Date: 06/14/2016 Mark, SURVEYOR SCOTT AIBNER, P.L.S Upon review of the Ranch at Coulter Creek Amended Plat, I have no comments or corrections to be made prior to approval for survey content and form. Once all final comments from Community Development have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Community Development office with all private party signatures no later than Monday the week prior to the next commissioner meeting day in order to make that meeting. Sincerely, Scott Aibner Garfield County Surveyor cc Kathy Eastley — Community Development Department 109 8th Street, Suite 1008 • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail:saibnerAgarfield-countycom