HomeMy WebLinkAbout2.0 Staff ReportProject Information and Staff Comments
Request: An exemption from the definition of subdivision
Applicant: Los Amigos Ranch Partnership
Location: A parcel of land situate in Section 25, Township 6 South,
Range 89 West of the 6th Principal Meridian and Section 30,
31, and 32 of Township 6 South.
Site Data: Approximately 670 acres
Water: Los Amigos Ranch Homeowners Association Water System
Sewer: Spring Valley Sanitation District
Access:. Via 40' -perpetual access easement through open space
within Los Amigos Ranch.
Existing Zoning: A/R/RD
I RELATIONSHIP TO THE COMPREHENSIVE PLAN
This area lies in Medium Density Residential (6-9 acres per dwelling unit) on the Proposed
Land Use Districts Map, Study Area I, of the 1995 Garfield County Comprehensive Plan.
Staff finds that this proposal is in general conformance with the comprehensive plan.
II DESCRIPTION OF THE PROSAI,
A. Site description• The property is located generally northeast of Highway 82
and generally northwest of County Road 114 in the area known as Spring
Valley.
B. Description of the Proposal: The applicant is proposing to split an 670 acre
tract into four (4) parcels of 7.40 acres, 5.73 acres, 5.70 acres and a remainder
Parcel of 651.17 acres. Water will be provided by the Los Amigos
Homeowners Association and sewage will be treated by the Spring Valley
Sanitation District. Access will be off of Wood Nymph road, through the Los
Amigos Ranch subdivision.
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III. MAJOR ISSUES AND CONCERNS
1. Subdivision Regulations: Section 8.52 of the Garfield County Subdivision
Regulations states that " No more than a total of four lots, parcels, interests
or dwelling units will be created from any parcel, as that parcel was described
in the records of the Garfield County Clerk and Recorder's Office on January
1, 1973, and is not a part of a recorded subdivision; however, any parcel to
be divided by exemption that is split by a public right-of-way (State or Federal
Highway, County road or railroad) or natural feature, preventing joint use of
the proposed tracts and the division occurs along the public right-of-way or
natural feature, such parcels thereby created may, in the discretion of the
Board, not be considered to have been created by exemption with regard to
the four lot, parcel, interest or dwelling unit limitation otherwise applicable;
The applicant has provided proof of ownership in the form of a Special
Warranty Deed. The parcel is 670 acres and was acquired by the applicants in
1997.There is no evidence that it has been subdivided since 1973 and it is a
part of the historic Kendal Ranch according to the applicant's representative.
Therefore, it has been determined that the applicant qualified for exemption
which may result in four or fewer lots (the three proposed lots and the
remainder parcel.
No further subdivision by exemption will be allowed on any of tracts created if
this exemption is approved.
B. Legal access: Access to the new lots will be provided via a 40' wide perpetual
access easement through the open space of Los Amigos Ranch, Filing No. 6.
The access easement is connected to the existing streets and roads contained
within Los Amigos Ranch PUD and then to County Road 114. Wood Nymph
Road is adjacent to the access easement, but it is not an existing road since the
Los Amigos Ranch Filing No. 6 has not been platted. Further, there are no
provisions for access roads contained in the zone district text for the Los
Amigos PUD. It will be necessary for the applicant to create an access
easement to the three exemption lots and amend the PUD zone district text to
allow for access roads across the PUD Open Space zone district, prior to the
approval of an exemption. At this time the homeowners association does not
have the authority to grant any easements across property not included in the
Los Amigos Ranch subdivision.
C. Water & Sewer: Water shall be provided via the existing Los Amigos
Homeowners Association System. A letter assuring adequate service is
attached, but the proposed property is not a part of the Homeowners
Association. It will be necessary for the new lots to be included in the
homeowners association in an equal share of the water system and obligations
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related to road maintenance and repair.
Sewer will be provided by the Spring Valley Sanitation District. A letter
assuring adequate service is attached.
D. Geologic and Hydrologic Conditions: The soils in this area are mostly loamy
types found on alluvial fans, high terraces and valley sides. There are no
serious geologic constraints identified in the soils maps.
E. Fire Protection: The Carbondale & Rural Fire Protection District has
submitted a letter assuring that the three new lots are within their service
boundaries. The remainder parcel is not within their service boundaries.
F. Easements: Required easements are shown on the proposed Elk Springs
Subdivision Exemption Plat.
G. School Site Acquisition Fees: The applicant is required to pay a school site
acquisition fee of $200 for each newly created lot prior to the approval of the
final plat.
IV. RECOMMENDED FINDINGS
1. That proper posting and public 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 exemption can not
be determined to be in the best interest of the health, safety, morals,
convenience, order, prosperity and welfare of the citizens of Garfield County.
4. That the application has not met the requirements of the Garfield County
Subdivision Resolution of 1984 a.a. Section 8:00, Exemption.
V. RECOMMENDATION
Staff recommends approval of this application, provided the applicants can
demonstrate that there is a valid preliminary plan, with the following
conditions:
1. That all representations of the applicant, either within the application or stated
at the meeting before the Board of County Commissioners, shall be considered
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conditions of approval;
2. A Final Exemption Plat shall be submitted, indicating the legal description of
the property, dimension and area of the proposed lots, 25 ft. wide accesses to a
public right-of-way, and any proposed easements for setbacks„ drainage,
irrigation access or utilities;
3. The applicant shall have 120 days to present a plat to the Commissioners for
signature from the date of approval of the exemption;
4. The applicant shall submit $600 in School Site acquisition Fees for the creation
of the exemption parcels prior to approval of the exemption plat;
5. The applicant shall obtain the necessary driveway permits prior to issuance of
any building permits.
6. The applicant shall comply with the 1978 Garfield County Zoning Resolution
and the Colorado Department of Health standards.
Ap
,SpaGo-gette. 'Additionally, a fmal plat for Filing 6, with the appropriate
easements will be recorded.
8. Prior to the approval of an exemption plat, the applicant shall amend the Los
Amigos Ranch covenants to include the proposed lots as members for the
purpose of paying their proportionate share of the water service costs and road
maintenance costs.
9. That the following plat notes shall appear on the Final Exemption Plat:
"One dog will be allowed for each residential unit and the dog shall be required
to be confined within the owners property boundaries."
"No open heath solid -fuel fireplaces will be allowed anywhere within an
exemption. One new solid -fuel burning stove as defined by CRS 25-7-401, et.
Sew., and the regulations promulgated thereunder, will be allowed in any
dwelling until. All dwelling units will be allowed an unrestricted number of
natural gas burning stoves and appliances."
"All exterior lighting will be minimum amount necessary and all exterior
lighting will be directed inward, towards the interior of the subdivision, except
that provisions may be made to allow for safety lighting that goes beyond the
property boundaries."
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"No further divisions by exemption from the rules of Subdivision will be
allowed.
"Colorado is a "Right -to -Farm' State pursuant to CRS 35-3-101, et seq.
Landowners, resident and visitors must be prepared to accept the activities,
sights, sounds and smells of Garfield County's agricultural operations as a
normal and necessary aspect of living in a County with a strong rural character
and a healthy ranching sector. All must be prepared to encounter noises, odor,
lights, mud, dust, smoke, chemicals, machinery on public roads, livestock on
public roads, storage and disposal of manure, and the application by spraying
or otherwise of chemical fertilizers, soil amendments, herbicid4e and
pesticides, any on or more of which may naturally occur as a part of a legal and
non -negligent agricultural operation."
"All owners of land, whether ranch or residence, have obligations under State
law and County regulations with regard to the maintenance of fenc4es and
irrigation ditches, controlling weeds, keeping livestock and pets under control,
using property in accordance with zoning and other aspects of using and
maintaining property. Residents and landowners are encouraged to learn about
these rights and responsibilities and act as good neighbors and citizens of the
County. A good introductory source of such information is "A guide to Rural
Living & Small Scale Agriculture" put out by the Colorado State University
Extension Office in Garfield County."
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Carbondale & Rural Fire Protection District
300 Meadowood Dr.
Carbondale Colorado 81623
970-963-2491
April 26, 2000
Mark Bean
Garfield County Planner
109 8th St.
Glenwood Springs, CO 81601
Dear Mark,
It is our understanding that the Los Amigos sub -division has applied for a
sub -division exemption for three parcels of land in the larger parcel known
as the Kendall Ranch.
These three parcels are within the boundaries of the Carbondale Fire
Protection District and the District will provide service to these lots. I have
reviewed this proposal with Greg Boecker of Los Amigos Ranch and have
determined that access and water supply for these three lots are both
adequate.
The District is not committing to provide service to the areas of the larger
Kendall parcel, which are outside of the District boundaries.
If you have any questions please feel free to contact me at 963-2491.
Sincerely,
Ron Leach, Chief
Carbondale & Rural Fire Protection District
cc: Greg Boecker
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'P E C EIVED MAY 1 NIS