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HomeMy WebLinkAbout2.0 BOCC Staff Report 04.08.2002• • BOCC 4/08/02 MLB PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An amended Final plat, Westbank Ranch Planned Development Subdivision, Filing No.1 APPLICANT: Marlin (Colorado), Ltd. Westbank Ranch Homeowners Association LOCATION: A tract of land located in the Westbank Ranch Planned Development, Filing 1, generally south of Glenwood Springs off of Oak Lane SITE DATA: 13.47 Acres WATER: Westbank Ranch Water System SEWER: ISDS ACCESS: CR 109. EXISTING/ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is identified as a subdivision in the 2000 Garfield County Comprehensive Plan Study Area I, Proposed Land Use Districts Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The proposed amendment to the Westbank Ranch Planned Development Subdivision, Filing No. 1 is located at the north end of Oak Lane, within the subdivision. B. Project Description: The applicants are proposing to amend the Westbank Ranch Planned Development, Filing No. 1, to accomplish the following: 1. To conform the plat with the vacation of the 60 ft. "road easement" depicted • • on the plat, that traverses Lots 22 and 23 between the public roadway identified as Oak Lane (County Road 70) and the property to the west commonly known as the Preserve at Prehm Ranch, as evidenced by Resolution No. 2001-58 and to reflect the deletion of the "road easement" from the plat. 2. To depict the conveyance of a parcel of land from Marlin to Westbank Ranch HOA adjoining the west boundary of the Westbank Ranch Subdivision, identified as the "Greenbelt/Open Space Parcel" and the "Driveway Easement" on the Amended Plat of Lots 22 and 23, Westbank Ranch Planned Development Subdivision , Filing No. 1. 3. To depict the creation of a "Private Access Easement" creating a right of access between Oak Lane and The Preserve at Prehm Ranch and Lot 22, Westbank Ranch, Filing No. 1, pursuant to the terms of an Access Easement Agreement between Westbank Ranch HOA and Marlin. III. MAJOR ISSUES AND CONCERNS A. Subdivision: Section 6:10 o f the Garfield County Subdivision Regulations allows for the amendment of a recorded Final Plat as follows: "An amendment may be made to a recorded plat, if such amendment does not increase the number of subdivision lots or dwelling units, result in the major relocation of a road or add new roads. The amended plat shall be submitted with a narrative explanation of the reason for the application and the consent of all land owners involved to the Garfield County Planning Department for review and comparison with the previously recorded plat. Any proposed amended plat that does not have an approved Preliminary Plan to verb the consistency with the proposed amended plat or that results in the relocation of property lines between more than two (2) adjacent properties, fl The proposed amended plat does not increase the number of lots or result in the major relocation of road. The proposed "private access easement" is not a road as defined as follows: 2: 20.46 Street/Road: An area of land reserved for public use which provides primary vehicular and pedestrian access to adjacent properties which shall not be used for the purpose of calculating the minimum lot area of any lot, tract or parcel of land The access easement crosses over Lot 22 to provide limited access to property to the north in the Prelim Ranch property. Access will be limited to property owners in the Prehm Ranch and is limited to a maximum of 27 trips per day through an electronically controlled gate. The trips are averaged on a bi-monthly basis based on a proposed access agreement between the Westbank HOA, Marlin (Colorado), Ltd. and the • • property owner of Lot 22. Therefore the access easement is not adding a new road. Additionally, the proposed private access easement will provide emergency access to the Prehm Ranch properties and provide an alternate for the Westbank Ranch property owners. Since it provides alternate access to both properties, albeit limited access, the proposed private access easement would be consistent with the following road standard in the subdivision regulations: 9:32 Streets and roads shall be designed so that alignments will join in a logical manner, such that adjacent road systems can be combined to from a continuous route from one area to another. The proposed "greenbelt/open space" parcel is not a new lot as defined in the subdivision regulations, which is as follows: 2:20.29 Lot: A portion of a subdivision intended as a unit for transfer of ownership or for development. The greenbelt/open space parcel is intended to be owned by the Westbank Ranch HOA and not intended for development or for any future transfer of ownership to any other entity. Therefore, there are no new lots being added to the Westbank Ranch subdivision and meets the following definition: 2:20.06 Common Open Space: A parcel of land, an area of water, or a combination of land and water within a subdivision designated and intended primarily for the use or enjoyment of the residents, occupants and owners of the subdivision and which is not individually owned or dedicated for public use. B. Zoning: As a part of the amended plat, Marlin is proposing to convey a piece of property to the Westbank Ranch, Filing No. 1 HOA that will become "Greenbelt/Open Space" in the Westbank Ranch development. Greenbelt is defined in the Garfield County Zoning Resolution as follows: 2.02.28 Greenbelt: Land retained in an open or unimproved condition, except for agriculture, for the placement of landscape materials, including trees, shrubs and grasses and structures limited to foot paths, bridges, irrigation structures, erosion protection devices and underground utilities, or improved for park use as defined herein; ownership of such land may be private with an easement or reservation for greenbelt use by deed restriction, or it may be dedicated to the public. Designation of greenbelt does not imply provision for access by the public. Presently, the property to be conveyed to the Westbank Property HOA is zoned AgriculturalResidentialRural Density (A/R/RD). To become greenbelt, it will be • • necessary to amend the zone district designation of the property in question and indicated as such on the appropriate zone district map as described in Section 5.01.06: 5.01.06.1 Greenbelt: Land designated as greenbelt through dedication or reservation as such for any reason shall be indicated as such on the appropriate zone district map. Such land shall be maintained in conformance with the Definition section of this Resolution or in conformance with any condition for granting of a Planned Unit Development including designation as a park or other open recreation use; land designated as greenbelt may be leased for operation, transferred to a different ownership or otherwise changed in ownership but it shall not be used for residential, commercial, industrial or any other urban or suburban purposes unless provided for by the County Commissioners following procedures for amendment to this Resolution. IV. SUGGESTED FINDINGS 1. That proper posting and notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed amended plat is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION Staff recommends APPROVAL of the amended plat as proposed, but prior to the signing of an amended plat, the applicants apply for a zone district amendment for the proposed greenbelt/open space area to be rezoned from A/R/RD to greenbelt..