HomeMy WebLinkAbout2.0 Staff Report BOCC 11.2.08BOCC - 111312008 0D
PROJECT INFORMATION AND STAFF COMMENTS
Amended and Corrected Plat
The Applicant requests to amend a platto 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
TYPE OF REVIEW:
SUMMARY OF REQUEST:
LOGATION:
SITE INFORMATION:
ACCESS:
EXISTING ZONING:
ADJACENT ZONING:
1541 CR 132 (Mitchell Creek Road), Glenwood Springs
TAX tD #2119-273-00-012
Original Steele Subdivision Exemption 9.66 +/- acres
(4.83 acres each)
Mitchell Creek Road, Glenwood Springs
ARRD (Ag ricu ltu ra l/Residential/Ru ral 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
plats; 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.
?l:?&ifl:trfi :rl:lt;illl!4;ili9iilffiilt#/i
Wesben LLC Amended Plat -
BOCC - 1r/3/08
Page 2
!I. 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 school fees 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 Zoning Resolution of 1978, as amended, must be
satisfied for an amendment involving two parcels:
The Boarcl shall not approvc au aureuded plat rrnlcsr thc applicant has satisficd thc
follorving criteria:
A. All Garfield Clourrty zoniug rcqtrircrncnts rr,ill bc nret:
B, All lotr crcatccl rvill have lcgal acecss to a prrblic right-of-tay and any
ncccssar1''access cascilcrts havc bceu obtaincd ol ar'c in the proccss ofbcing
obtained:
C. Provision has becil nradc for au adecluate soLrrce of r,vatcr iu terrrrs of both thc
lceal aud physical qualirs.*. quantity aud depcudability. aucl a suitable tSpe of
se\l.agc clisposal to serte eaeh proposed lot:
D. All rtate ancl local euvirouureutal hcalth aud safety requirerueuts hal'c becn
luet or are iu tbe proccss of bciug ruet:
E. Provi*iou lras beeu made for any reqrrircd load or stor:n clrainagc
iurproverucuts:
F. Fir:e protectiou has been approvcd by thc appropriatc firc district:
G. Any ucccrsary drainagc, in'igatiou or trtility casc$lcnt5 have bccu obtained or
are irr tlrc process of bciug obtaiucd: and
H. School fccr. taxcs and spccial as$cssrncnts have becu paicl.
Any proposecl aurcuded plat rcloeating tu'o (2) or lesr property lines conuuorr to trl:o
propcrtics. uray bc approvcd by the Board of Cioturty Conuuissioners at a public
urceting. (99-096)
Wesben LLC Amended Plat -
BOCC - r 1/3/08
Page j
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 detail at
right. In 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
propefi 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 4Oo/o in grade; Lot
2 would have2 acres with slopes
less 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.
L.g.N
crfrroB
it,,.j csERcA 6E{ERAL
ffi Lrcrr wourcnr
@EN SPACE (F.ddtdr* E#. USrS/
PUa0 PRPERil (Cr/C rchtuttut d Csbdaa fr &MA
RECREATDN
FES H{.2 ACOrli
ES & (2IO.5 {0U)
RfsM16IO.r0AC&)
RES L(1r E'DU)
I REsuFcE urreltr
$sNlsrLrx
Slope Hazard
E6El4M
.1qti*$\
.rr9dlr'
i":t$
Wesben LLC Amended Plat -
BOCC - 11/3/08
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
puisuit 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 Plan. This action does not add to any non-conformi$.
B. Compatibility with existing land uses in the surrounding area. The area is made up of
residential parcels of similar size and zoning, with the Open Space Zone District of the
White River National Forest nearby.
C. Recommendations of any municipality within two (2) miles of the proposed exemption, or
three (3) miles, if the municipali$ has a major street plan. No adverse comments from
the nearest municipality, that being the City of Glenwood Springs, exist in the file. 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 file.
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 fire space, a
designaied building envelope and that the ISDS, grading and drainage plan, soils and
house foundation ieport 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 foi Open Space within the proposed exemption. One residence per lot is
proposed, and a building envelope allows for considerable open space.
H. irroposed 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 ior each residential unit, confined 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 - 1t/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.
IV 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 Office 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.
1.48 ACRE* WITHIN NORTHERN
LOT AS ITATCHED
I\t
I
/r'.ff,
30% OR LESS SLOPE BOUNOARY
lll,r,,i!(!:l'
111i,
I
,/,/ It,
/ /.'
,) /,.
,/
2./
tli
llrlr
t/
//lit')Y'ffit,liilru
t
l,:t t!,,' ! \',:: ! | | I f,/m ! i i
i,'fr,tir',G
)',1 ,ittt , ii.^J
,l
tlr
I-l-+l
r -t.l
fr,,
\\
\
i"',t\
\
lr
'('\r
lr I\
ti./.\\\ \
\ rl
?Et
\t'
\
I>,'rY
\:ri
'! t
,l\
\aI
\Y'
\ ,\
\\\
I
,I
\
\
\,
\
\
\
Itt\
\
t\
\
\
,\
ri
rl
i\t\,
I,'
t ,lt
li',
'Stv, tnl
# r\ t\\\1,11( t
\\l'. \ t\ttiil
9r@r4l.Duc
RUDY SIEEI.T PROPERTY
s saD! rl} |lG
DBpanTMENT or EuERcENcy SnRVrc
EMS.I]IRE.RESCUE
6-10-97
Mr. Eric McCafferty
Garco Planning Dept.
109 Sth Street
Glenwood Springs, CO. 81601
Dear Eric,
This letter is in reference to Rudy Steele's property on Mitchell Creek. The property is within the
boundaries of the Glenwood Springs Rural Fire Protection District and fire and EMS services
will be provided. Mr. Steele worked diligently with us to provide a road and bridge that will
support the loads ofour fire apparatus.
At this time I have no problem with the development of the property. If you have any questions,
please give me a call at 945-4942.
Sincerely,
,-,.'-'Z*-F"*
Jack Jones
Firc Marshall
Glenwood Springs Emergency Services
file
-?-806 Cooper Avenue . Glenwood Springs, Colorado 81601 . (970) 945-2575 . Fax (g70) g4S-ZSg7
aDt