HomeMy WebLinkAboutR06-055-REC#200615039 - approval of type a Minor Subdivision for Palmerosa Ranch
Commissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2006 -
APPRO V AL OF THE TYPE A MINOR SUBDIVISION
FOR THE P ALMEROSA RANCH SUBDIVISION
FILE NOS. SMA-00028
WHEREAS, on or about March ] 3, 2006, the County of Eagle, State of Colorado,
accepted for filing applications submitted by Palmero sa Development Company, LLC,
(hereinafter "Applicant") for approval of a Type A Minor Subdivision for the Palmero sa Ranch
Subdivision, File No. SMA-00028; and,
WHEREAS, the Applicant requested the approval of a Type A Minor Subdivision for a
proposed development consisting of 3 residential lots, on a 43.689 acre site generally referred to
as Palmero sa Ranch; and,
WHEREAS, notice of the Preliminary Plan was given to all proper agencies and
departments as required by the Eagle County Land Use Regulations, Section 5-21 O.E; and,
WHEREAS, at its regular public hearing of May] 6, 2006, the Eagle County Board of
Commissioners (hereinafter "Board"), considered the proposed Subdivision; associated plans;
and the statements and concerns of the Applicant, the Eagle County Community Development
and Engineering Staff, and other interested persons.
BASED ON THE EVIDENCE BEFORE IT, THE BOARD FINDS AS FOLLOWS:
Pursuant to Eagle County Land Use Regulations Section 5-280.B.3.e. Standards for
the review of a Preliminary Plan for Subdivision:
1. Consistent with Master Plan. [Section 5-290.G.l.a.] - The Subdivision is
consistent with the Comprehensive Plan and the Future Land Use Map (FLUM).
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2. Consistent with Land Use Regulations. [Section 5-290.G.l.b.] The proposed
subdivision does comply with all of the standards of this Section and all other
provisions of the Land Use Regulations, including, but not limited to, the
applicable standards of Article 3, Zone Districts, and Article 4, Site Development
Standards.
3. Spatial Pattern Shall Be Efficient. [Section 5-290.G.l.c.] - The proposed
subdivision is located and designed to avoid creating spatial patterns that cause
inefficiencies in the delivery of public services, or require duplication or
premature extension of public facilities, or result in a "leapfrog" pattern of
development.
4. Suitability for Development. [Section 5-290.G.l.d.] - The property proposed to
be subdivided is suitable for development, considering its topography,
environmental resources and natural or man-made hazards that may affect the
potential development of the property, and existing and probable future public
improvements to the area.
5. Compatible With Surrounding Uses. [Section 5-290.G.1.e.] - With the
recommended conditions of approval, the proposed subdivision is compatible
with the character of existing land uses in the area and should not adversely affect
the future development of the surrounding area.
6. Improvements Agreement. [Section 5-290.G.1.f.] - An adequate improvements
agreement has been provided.
7, Conformance with Final Plat Requirements. [Section 5-290.G.1.g.] _ The
application does conform to the Final Plat requirements and other applicable
regulations, policies, standards, and guidelines.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, subject to the conditions set forth below, the application for the Type A Minor
Subdivision for the Palmero sa Ranch Subdivision be and is hereby approved:
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1. The Applicant shall provide, prior to final approval of the plat for this subdivision,
a Detailed Landscape Plan per Section 4-220.C., Detailed Landscape Plan, of the
Land Use Regulations which is consistent with the conceptual landscape and
irrigation plans provided as part of the application, and the Applicant shall
provide a guarantee for the installation of the proposed landscaping and irrigation
systems pursuant to Section 4-240., Installation and Maintenance Requirements.
2. The Applicant shall fully implement all wildlife-related mitigation measures set
forth in the Wildlife Section of the Environmental Impact Report prepared by
Jerry Powell, Wildlife Specialties, LLC.
3. The Applicant shall provide, prior to approval of the final plat for the
development, complete engineering and construction drawings and other
engineering detail which are satisfactory to the County Engineer.
4. The developer shall fully implement the recommendations included in and based
upon the Revised Wetland Delineation Report, dated August 2005, prepared for
this site by Western Ecological Resource, Inc.; the Geologic Site Assessment,
dated September 28,2005, and the Preliminary Geotechnical Engineering Study,
dated September 15,2005, both prepared for this site by Hepworth-Pawlak
Geotechnical, Inc.; the Preliminary 100- Year Floodplain Study and Drainage
Report, dated September 2005, prepared for this site by Alpine Engineering, Inc.;
and the following recommendations of the Colorado Geological Survey in its
letter dated November 7,2005:
a. The developer shall be responsible for constructing a diversion berm,
satisfactory to the County Engineer, to deflect potential debris and floodwater
away from the building envelope on Lot I.
b. Since the land to be developed has been pasture for a number of years, the
developer shall inform contractors that any organic matter in the soil shall not
be used for structural fill and shall be removed prior to foundation placement.
c. Since evaporate soils in the region are typically found to be corrosive to
concrete, the developer shall inform contractors that any structures in contact
with soils that are found to be corrosive shall utilize Type II cement.
f. The final plat shall include notes which are substantially as follows:
l. A slope stability analysis may be required by the Chief Building
Official prior to the construction of any structures in this
subdivision.
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11. Due to one or more known sinkholes on this site, a site-specific
soils investigation, as well as direct observation of the foundation
excavation, shall be required in order to verify the soil conditions
for each building site.
111. Due to shallow groundwater on the site, engineered septic systems
shall be required in areas of shallow groundwater. The bottom of
each leach field shall be at least 4 feet above the groundwater at the
high water mark, and below-grade construction, such as basements,
shall include foundation and perimeter drains.
IV. The potential exists for debris flow and/or sediment laden flooding
from the slopes above the property to the west of the building
envelope on Lot 1. A diversion berm, satisfactory to the County
Engineer, shall be required to deflect potential debris and
floodwater away from the building envelope on Lot 1.
v. Since the land to be developed has been pasture for a number of
years, any organic matter in the soil shall not be used for structural
fill and shall be removed prior to placement of any foundations.
VI. Since evaporate soils in the region are typically found to be
corrosive to concrete, any structures in contact with soils that are
found to be corrosive shall utilize Type II cement.
5. Notes shall be included on the final plat for this subdivision requiring the
following:
a. Noncombustible roofing materials shall be required on all structures.
b. In order to reduce wildfire hazard, the pasture shall be irrigated throughout the
summer months.
6. The Applicant shall provide, prior to approval of the final plat, evidence
satisfactory to the County Engineer that the private water system will be operated
and maintained on a sound organizational and financial basis and shall
demonstrate that the covenant restrictions in this regard will remain in effect and
will be adequately enforceable.
7. A satisfactory final plat, improvements agreement and other required documents
and payments necessary for final plat approval shall be presented for final
approval to the Board of County Commissioners on the Consent Agenda at the
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first available regular Board meeting after which the documents, plat and
payments are available.
8. Based on the income and housing cost data current and available at the time,
payments in lieu to mitigate employee-linkage housing impacts shall be paid prior
to the time that building permits are issued for Lot 2 and Lot 3, respectively, and
the final plat shall include a note which reads as follows: "Workforce Housing
Guideline payments shall be subject to the conditions of approval adopted in File
Number SMA-00028".
9. Except as otherwise modified by these conditions, all material representations of
the Applicant in this application and all public meetings shall be adhered to and
be considered conditions of approval.
THAT, the Palmerosa Ranch Site Plan, attached hereto as Exhibit "A", be and is hereby
approved;
THAT, the Palmerosa Ranch Landscape Plan, attached hereto as Exhibit "B", be and is
hereby approved;
THE BOARD further finds, determines and declares that this Resolution is necessary for
the health, safety and welfare of the inhabitants of the County of Eagle, State of Colorado.
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MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the ~ day of f11 J. ,
2006, nunc pro tunc to the 16th day of May 2006.
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
BOARD S ONERS
imonton
Clerk to the Board of
County Commissioners
.
Commissioner
Commissioner ~ seconded adoption of the foregoing resolution. The roll having
been called, the vote was as follows:
Commissioner Am M. Menconi
Commissioner Peter F. Runyon
Commissioner Tom C. Stone
This Resolution passed by J; /0 vote of the Board of County Commissioners of the County
of Eagle, State of Colorado.
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