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Home My WebLink About2.00 Staff Report BOCC 09.05.2023File No. SFPA-11-22-8924 BOCC September 5, 2023 Philip Berry, AICP 1 HALFMOON SUBDIVISION - FINAL PLAT Exhibit # Exhibit Description 1 Application 2 Garfield County Land Use and Development Code, as amended 3 Garfield County Comprehensive Plan of 2030 4 Staff Report 5 Draft Resolution 6 7 8 9 10 Half Moon Subdivision, Battlement Mesa, CO November 22, 2022 Major Subdivision Final Application Half Moon Subdivision Battlement Mesa, CO NOVEMBER 22, 2022 Provided by Rising Tides Enterprises, LLC 2361 46 ½ Road DeBeque, CO 81630 Prepared by Daniel Stewart, P.E. Roaring Fork Engineering 592 Highway 133 Carbondale, CO 81623 Sara Tie Connect One Design 350 Market Street, Unit 307 Basalt, CO 81621 Exhibit 2 LAND USE AND DEVELOPMENT CODE EFFECTIVE JULY 15, 2013 Full Version of Land Use and Development Code can be found here: https://www.garfield-county.com/community-development/land-use-code/ Last Amended March 7, 2023 COMPREHENSIVE PLAN 2030 2020 UPDATE Adopted: November 10, 2010 Last Amended: February 26, 2020 GARFIELD COUNTY File No. SFPA-11-22-8924 BOCC September 5, 2023 Philip Berry, AICP 1 HALFMOON SUBDIVISION - FINAL PLAT Type of Review Final Plat for Major Subdivision Applicants (Owners) Rising Tides Enterprises LLC (Todd Barton, Tammie VanDeusen) Planner Sara Tie – Project Planner, Connect One Design Engineer Danny Stewart – Roaring Fork Engineering Legal Description Section 18, Township 7, Range 95: Monument Creek Village Sec 2 Restricted Reserve C Practical description NW of Intersection of Stone Quarry Rd and Northstar Trl. Parcel No 240718418028 Lot sizes 9.13 Acres Zoning Battlement Mesa PUD – Medium Density Residential (MDR) Comprehensive Plan Residential High, Town of Parachute Area of Influence. Battlement Mesa Unincorporated Community Recommendation Approval REQUEST - BACKGROUND The Halfmoon Subdivision is for 48 lots for detached, single family homes within the Battlement Mesa PUD. The parcel is highlighted in red in the adjacent vicinity map, and it is approximately 9.18 acres in size. The PUD zoning is Medium Density Residential, and the subdivision is using zero-lot-lines on most of the proposed lots. Proposed homes will range in size from 1,500 to 2,000 sq. ft. and there will be three open space lots for signage and stormwater management. Two internal streets will provide direct access to the individual lots. The HOA will responsible for the long-term maintenance of these streets Access will be taken from two points on Northstar Trail. Figure 1 Vicinity Map File No. SFPA-11-22-8924 BOCC September 5, 2023 Philip Berry, AICP 2 On September 6th, 2022, the Board of County Commissioners unanimously approved the preliminary plan for the subdivision with conditions. Resolution No 2022-33 at Reception 979967 addresses this approval and conditions. The existing site is an undeveloped parcel neighboring single-family subdivisions to the south and a subdivision with a mixture of housing types to the northeast. APPLICABLE REGULATIONS Section 5-302 (D)(3) contains the Review Criteria for a Final Plat. An excerpt from the code is provided below: The application for Final Plat needed to show compliance with the Conditions of Approval from the Approval Resolution 2022-33. Staff worked with the County Attorney’s Office, Assessor’s Office, County Surveyor, Consulting Engineer, and Battlement Mesa Metro District (BMMD) on reviewing these items. STAFF ANALYSIS Staff analysis looked at the required submittal requirements fulfillment and compliance with the Preliminary Plan’s approval and conditions. FINAL PLAT SUBMITTAL REQUIREMENTS Section 5-302.D. Final Plat Review – The following sections are the required submittal requirements for a Final Plat. Section 4-203.B General Application Materials – The application included appropriate general application material to demonstrate ownership. Section 4-203 K Subdivision Improvement Agreement – The application has provided a Subdivision Improvement Agreement with necessary Letter of Credit to cover the included engineering estimates. Staff has reviewed the SIA and related documents with input from the County Attorney’s Office and the Consulting Engineer. The applicant will install improvements (including grading) under the SIA, which includes methods for partial release of security as well as County remedies if the proposed improvements are not finalized. Items included in the SIA fulfilled COA 10 from the Preliminary Plan. File No. SFPA-11-22-8924 BOCC September 5, 2023 Philip Berry, AICP 3 The SIA and security also addresses revegetation and reclamation securities. Section 5-402. E Final Plan Map and Engineering Documents– Final Plan documents were reviewed by staff and the Consulting Engineer. BMMD provided a letter stating the proposed improvements are acceptable to the District. Major Subdivisions require extensive engineering reports and plans. COA 9 required that the Final Plat provide responses or edits to satisfy the Consulting Engineer’s comments from the Preliminary Plan. The applicant has worked with staff and the County’s Consultant to fulfill this condition as well as COAs 7 and 8. Section 5-402. F Final Plat Map – The Final Plat was reviewed for compliance with the requirements of the LUDC. The County Surveyor’s approval will take the form of his signature on the recorded Plat. The Assessor’s office provided feedback to staff that they were satisfied with the provided information as well. Several plat notes are required from COAs 5 and 6. Staff worked with the Applicant’s team, the County Attorney, and Building Department to find acceptable language, especially related to plat note addressing zero lot lines. The Final Plat also includes easement references, updated street names, lot numbering as required by COAs 3, 4, and 11. Figure 2 Final Plat File No. SFPA-11-22-8924 BOCC September 5, 2023 Philip Berry, AICP 4 Section 5-402.I Codes, Covenants, Restrictions – Staff reviewed the Codes, Covenants, and Restrictions (CC&R) with assistance from the County Attorney’s Office. The County views CC&Rs are private agreements but reviews the initial documents to ensure compatibility with the Preliminary Plan’s approval. The provided documents provide for maintenance of the subdivision’s roadways and other common elements. It also provides guidance related to the zero-lot line maintenance easements. Article 8 Inclusionary Zoning for Housing – The Halfmoon Subdivision is outside of Area 1 of Garfield County and does not require an Affordable Housing Plan. ADDITIONAL STAFF ANALYSIS The application included in the BOCC packet contains updated, final versions of documents that reflect the staff’s review and the applicant’s responses. The application for Final Plat for Halfmoon Subdivision fulfills the review requirements of the LUDC, including the Preliminary Plan’s conditions of approval. RECOMMENDATION Staff recommends that the Board approve the Final Plat and authorize the Chairman to sign the Final Plat, Subdivision Improvements Agreement, and Resolution. Due to timing issues, the Plat may be signed later as a Consent Agenda item. RECOMMENDED FINDINGS 1. 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. 2. That for the above stated and other reasons the proposed final plat is in the best interest of the health, safety, convenience, order, prosperity, and welfare of the citizens of Garfield County. 3. That the application is in general conformance with the 2030 Comprehensive Plan, as amended. 4. That the application is in general conformance with the Garfield County Land Use and Development Code of 2013, as amended. 5. That the application is in compliance with the Preliminary Plan for the Halfmoon Subdivision, the conditions of approval from Resolution 2022-33 at Reception No. 979967, and Section 5.302.D Final Plan/Plat Review of the Land Use and Development Code 2013, as amended. 1 STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building, in Glenwood Springs on Monday, the 5th day of September, 2023, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky , Commissioner Fred Jarman , County Manager Heather Beattie , County Attorney Kelly Cave , Assistant County Attorney Jacklyn K. Harmon , Clerk of the Board when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. _________ A RESOLUTION CONCERNED WITH THE APPROVAL OF THE HALFMOON FINAL PLAT, ON A 9.13 ACRE PARCEL OWNED BY HALFMOON VILLAGE LLC LOCATED IN SECTION 19, TOWNSHIP 7, RANGE 95 WITHIN THE BATTLEMENT MESA PUD ON A PARCEL FORMERLY KNOWN AS MONUMENT CREEK VILLAGE SEC 2 RESTRICTED RESERVE C. (FILE NO. SFPA-11-22-8924) PARCEL NO. 2407-184-18-028 Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act. B. On the 6th day September 2022, the Board approved the Preliminary Plan for the Halfmoon Subdivision by Resolution No 2022-33 at Reception 979967. The Applicant had a period of one year to satisfy conditions of approval and submit a final plat application. C. In accordance with the Garfield County Land Use and Development Code of 2013, as amended, and the Amended Preliminary Plan approval granted for the Halfmoon Subdivision, the Applicant submitted an Application for Final Plat approval which has been determined to be technically complete. (File No. SFPA-11-22-8924) D. The Final Plat was submitted by the property owners, Halfmoon Village LLC (“Applicant”) for that property legally described as Restricted Reserve “C” Monument Creek Village, Section Two according to the Plat Therof Filed October 5, 1981 as Reception No. 319920. 2 E. The Board of County Commissioners opened a public meeting on the 5th day of September 2023 for consideration of whether the proposed Halfmoon Subdivision Final Plat should be approved, approved with conditions, or denied. During said meeting the public and interested persons were given the opportunity to express their opinions regarding the request. F. The Board of County Commissioners closed the public meeting on the 5th day of September 2023, to make a final decision. G. The Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. 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. 2. That for the above stated and other reasons the proposed final plat is in the best interest of the health, safety, convenience, order, prosperity, and welfare of the citizens of Garfield County. 3. That the application is in general conformance with the 2030 Comprehensive Plan, as amended. 4. That the application is in general conformance with the Garfield County Land Use and Development Code of 2013, as amended. 5. That the application is in compliance with the Preliminary Plan for the Halfmoon Subdivision, the conditions of approval from Resolution 2022-33 at Reception No. 979967, and Section 5.302.D Final Plan/Plat Review of the Land Use and Development Code 2013, as amended. Resolution NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of this Resolution. B. The approvals and conditions contained in Resolution No 2022-33 at Reception 979967 remain in full force and effect except as amended herein by the Board of County Commissioners. C. The final plat for the Halfmoon Subdivision is hereby approved. D. The Chairman is authorized to sign the Subdivision Improvements Agreement and Final Plat. Dated this _______ day of _________, A.D. 2022 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO 3 Clerk of the Board Date Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin , Aye Mike Samson , Aye Tom Jankovsky , Aye STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex-officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2023 County Clerk and ex-officio Clerk of the Board of County Commissioners Exhibit A