ARK EGGY ITTLETON PLANNING AND COMMUNITY … · 2019-10-23 · recommendation of approval from the...
Transcript of ARK EGGY ITTLETON PLANNING AND COMMUNITY … · 2019-10-23 · recommendation of approval from the...
COMMISSIONERS:
DARRYL GLENN (PRESIDENT) MARK WALLER (PRESIDENT PRO TEMPORE)
STAN VANDERWERF
LONGINOS GONZALEZ PEGGY LITTLETON
PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT CRAIG DOSSEY, EXECUTIVE DIRECTOR
2880 INTERNATIONAL CIRCLE, SUITE 110 COLORADO SPRINGS, CO 80910-3127
PHONE: (719) 520-6300 FAX: (719) 520-6695
WWW.ELPASOCO.COM
TO: El Paso County Planning Commission
Tim Trowbridge, Chair
FROM: Kari Parsons, PM/Planner II
Elizabeth Nijkamp, P.E., Engineer Review Manager
Craig Dossey, Executive Director
RE: Project File #: SF-16-010
Project Name: Gleneagle Golf Course Residential Infill Development
Final Plat
Parcel Nos.: Multiple
OWNER: REPRESENTATIVE:
Westbrook Capital Holdings, LLC 9800 Pyramid Court, Suite 400 Englewood, CO. 80112
William Guman and Associates, LTD 731 North Weber Street, Suite 10 Colorado Springs, CO. 80903
Commissioner District: 1
Planning Commission Hearing Date: 3/21/2017
Board of County Commissioners Hearing Date TBD
EXECUTIVE SUMMARY
A request by Westbrook Capital Holdings, LLC, for approval of a final plat to include 56
single-family residential lots, three (3) open space tracts, and three (3) tracts to be used
as roadway islands. The parcels total 120.21 acres and are currently zoned RR-5
(Residential Rural). The property is located north of Northgate Road along both sides of
Gleneagle Drive and within Section 6, Township 12 South, Range 66 West of the 6th
Principal Meridian. The property is within the Tri-Lakes Comprehensive Plan (2000)
area.
A concurrent application to rezone 32.91 acres of the combined parcels, totaling 120.21
acres, to RS-6000 (Residential Suburban) zoning district is also being requested. The
single-family lots within the plat will be located within the area proposed for RS-6000
zoning. The newly created open space tracts are proposed to remain zoned pursuant to
the RR-5 zoning district.
Multiple concurrent land use requests are being processed for this development. The
recommended order in which the various applications should be acted upon is as
follows:
The map amendment (rezone) (P-16-003) from the PUD to the RR-5 zoning
district for the patio home development. Approval of this request effectively
nullifies the existing development agreement which limits redevelopment of
the golf course.
The sketch plan amendment (SKP-16-001) request, which establishes broad
land uses and compatibility.
The rezone request (P-16-004) from the RR-5 to the RS-6000 zoning district
for a portion of the overall sketch plan amendment.
A preliminary plan (SP-16-004), which identifies the 56 single-family lots,
three (3) open space tracts, and three (3) tracts to be used as roadway
islands.
A final plat (SF-16-010) for the 56 single-family lots and multiple tracts for
roadway islands, drainage and open space.
A. REQUEST/WAIVERS/AUTHORIZATION
Request: A request for final plat approval for the creation of 56 single-family residential
lots, six (6) tracts, and public right-of-way.
Waiver(s): The following waivers were addressed with the Preliminary Plan (SP-16-
004): 1) the applicant requested a waiver of Section 8.4.4.D.2, More than 25 Lots on a
Dead-End Road, of the Land Development Code, and 2) the applicant and Donala
Water and Sanitation District requested a waiver of Section 8.4.7.B.7.b, requiring that
the water supply be sufficient for 300 years.
Authorization to Sign: Final Plat, Subdivision Improvements Agreement, Detention
Pond Maintenance Agreement and any other documents necessary to carry out the
intent of the Board of County Commissioners.
B. PLANNING COMMISSION SUMMARY
Request Heard:
Recommendation:
Waiver Recommendation:
Vote:
Vote Rationale:
Summary of Hearing:
Legal Notice:
C. APPROVAL CRITERIA
In approving a final plat, the BoCC shall find that:
The subdivision is in conformance with the goals, objectives, and policies of the
Master Plan;
The subdivision is in substantial conformance with the approved preliminary plan;
The subdivision is consistent with the subdivision design standards and regulations
and meets all planning, engineering, and surveying requirements of the County for
maps, data, surveys, analyses, studies, reports, plans, designs, documents, and
other supporting materials;
A sufficient water supply has been acquired in terms of quantity, quality, and
dependability for the type of subdivision proposed, as determined in accordance with
the standards set forth in the water supply standards [C.R.S. §30-28-133(6)(a)] and
the requirements of Chapter 8 of this Code;
A public sewage disposal system has been established and, if other methods of
sewage disposal are proposed, the system complies with State and local laws and
regulations, [C.R.S. §30-28-133(6)(b)] and the requirements of Chapter 8 of this
Code;
All areas of the proposed subdivision which may involve soil or topographical
conditions presenting hazards or requiring special precautions have been identified
and that the proposed subdivision is compatible with such conditions [C.R.S. §30-
28-133(6)(c)];
Adequate drainage improvements are proposed that comply with State Statute
[C.R.S. §30-28-133(3)(c)(VIII)] and the requirements of this Code and the ECM;
Legal and physical access is provided to all parcels by public rights-of-way or
recorded easement, acceptable to the County in compliance with this Code and the
ECM;
Necessary services, including police and fire protection, recreation, utilities, and
transportation systems, are or will be made available to serve the proposed
subdivision;
The final plans provide evidence to show that the proposed methods for fire
protection comply with Chapter 6 of this Code;
Off-site impacts were evaluated and related off-site improvements are roughly
proportional and will mitigate the impacts of the subdivision in accordance with
applicable requirements of Chapter 8;
Adequate public facilities or infrastructure, or cash-in-lieu, for impacts reasonably
related to the proposed subdivision have been constructed or are financially
guaranteed through the SIA so the impacts of the subdivision will be adequately
mitigated;
The subdivision meets other applicable sections of Chapter 6 and 8; and
The extraction of any known commercial mining deposit shall not be impeded by this
subdivision [C.R.S. §34-1-302(1), et seq.]
D. LOCATION
North: RS-6000 (Residential Suburban) Single-family
South: RS-6000 (Residential Suburban) Single-family
East: Multiple Townhome/Single-family
West: RS-6000 (Residential Suburban) Single-family
E. BACKGROUND
The Gleneagle Master Plan (MP-84-020) was approved by the Planning Commission as
an amendment to the County Master Plan on January 23, 1985. The Plan consisted of
a golf course (private open areas) with a driving range and clubhouse, single-family
residential, multi-family residential and commercial land uses. Development-specific
sketch plans and sketch plan amendments are no longer considered to be amendments
to the County Master Plan. Sketch plans and major sketch plan amendments are now
heard by both the Planning Commission and the Board of County Commissioners.
The golf course (private open areas) has remained zoned as what is now known as the
RR-5 (Residential Rural) zoning district. Rezoning requests to PUD (Planned Unit
Development) zoning districts were approved for the multi-family and commercial
developments within the original Gleneagle Master Plan. The single-family residential
areas adjacent to the golf course are zoned RS-6000 (Residential Suburban). The
Gleneagle golf course closed in November of 2013.
A sketch plan amendment (SKP-08-001) was approved by the Board of County
Commissioners on July 9, 2009. The sketch plan amendment identified a portion of the
golf course for development of 47 patio home units. A Planned Unit Development (PUD
-08-004) rezoning was also approved on July 9, 2009, which converted a portion of the
golf course, specifically the driving range, to 47 patio homes. A development
agreement limiting the future use of the remaining golf course land (private open areas)
was recorded in the El Paso County Clerk and Recorder’s records at Reception Number
210130664 on December 22, 2010, pursuant to the PUD approval. The development
agreement prevents land use changes within the remaining golf course land or any
changes to the planned residential and commercial land uses as approved in the 1985
Gleneagle Master Plan.
A concurrent request (P-16-003) for approval to rezone the PUD area back to the RR-5
zoning district will have the effect of nullifying the development agreement and the 47
unit patio home development as previously approved. That request received a
recommendation of approval from the Planning Commission on October 18, 2016, and
is anticipated to be scheduled for hearing before the Board of County Commissioners
concurrent with this request.
A sketch plan amendment (SKP-16-001) to allow the development of 56 single-family
residential lots is also requested for approval. The 56 proposed single-family lots will be
located throughout the closed golf course. The remaining closed golf course land will be
re-planned as private open space to be utilized by the Gleneagle community. The open
space will not be owned and maintained by the County. The amended sketch plan
request received a recommendation of approval from the Planning Commission on
December 6, 2016, and is anticipated to be scheduled for hearing before the Board of
County Commissioners concurrent with this request.
A third request for approval of a rezoning (P-16-004) from the RR-5 (Residential Rural)
zoning district to the RS-6000 (Residential Suburban) zoning district for a 32.91 acre
portion of the closed golf course received a recommendation of approval from the
Planning Commission on December 6, 2016, and is also anticipated to be scheduled for
hearing before the Board of County Commissioners concurrent with this request.
Approval of a development agreement is also requested with this rezoning.
It is anticipated that the new development agreement will be processed and ultimately
recorded with the concurrent rezoning request. The agreement anticipates the creation
of 56 single-family lots within the development. The development agreement will also
specify the allowed uses as well as the ownership and maintenance of the private open
areas or open space within the areas of the closed golf course that are not proposed for
redevelopment. In addition, the development agreement will require the developer to
convey the open space within 60 days of the County’s preliminary acceptance of public
improvements, after final plat approval. The purpose for the delay of the conveyance of
open space land from the developer to the Gleneagle Civic Association (GCA) is to
ensure that the developer and not the GCA complete the necessary public and private
improvements. The GCA is a homeowners association that includes 645 properties
within the Donala Subdivision Filing No. 1 and No. 2 developments within the Gleneagle
community. The improvements that are required to be completed by the developer
include, but are not limited to, installation of detention ponds, drainage infrastructure,
sidewalks, roadways, median islands, curb and gutter; and the demolition of the existing
clubhouse, tennis courts and pool. The maintenance responsibilities of the open space
depicted in the preliminary plan area will be that of the Gleneagle Civic Association.
Once the developer conveys the land to the GCA, the GCA will have the ability to re-
plan the open space for recreational purposes, including recreational facilities under the
standard operating procedures of the GCA by-laws.
There are two existing tunnels that were a part of the golf courses pedestrian and golf
cart path trail system under the existing Gleneagle Drive, which is a public collector
right-of-way. The northern tunnel is proposed to remain open to provide pedestrian
access under Gleneagle Drive to connect to the open space tracts. The tunnel is
proposed to be maintained by El Paso County. The southern tunnel is proposed to be
filled in and closed by the developer.
F. ANALYSIS
1. Land Development Code Compliance
This application meets the final plat submittal requirements, the General
Development Standards in Chapter 6, the standards for Divisions of Land in
Chapter 7, and the standards for Subdivision in Chapter 8 of the El Paso County
Land Development Code (2016).
2. Zoning Compliance
The developable area within the proposed final plat is proposed to be rezoned to
the RS-6000 (Residential Suburban) zoning district. The open space areas will
remain zoned as RR-5 (Residential Rural). The density and dimensional
standards of the RS-6000 (Residential Suburban) zoning district proposed for
this property, as established in Section 5.4.2, Table 5-4 of the Code, are listed
below:
Minimum zoning district lot size –6000 square feet *
Setbacks – 25 feet from front and rear lot lines, and 5 feet from side lot
lines
Maximum building height – 30 feet
Maximum lot coverage – 40 percent two-story, and 45 percent single-story
*Recommended Condition No. 12 further requires the future lot sizes to be
a minimum of 10,000 square feet, which exceeds the zoning district
minimum standard.
3. Policy Plan Analysis
If the sketch plan amendment and the rezone request that are being concurrently
reviewed with this final plat request are found to be in conformance with the El
Paso County Policy Plan (1998) and are thereafter approved by the Board of
County Commissioners, then a finding of conformance with the Policy Plan could
also be made for this final plat request since this request is consistent with the
sketch plan amendment and rezoning requests.
4. Small Area Plan Analysis
If the sketch plan amendment and the rezone request that are being concurrently
reviewed with this final plat request are found to be in conformance with the Tri-
Lakes Comprehensive Plan (2000) and are thereafter approved by the Board of
County Commissioners, then a finding of conformance with the Tri-Lakes Plan
could also be made for this final plat request since this request is consistent with
the sketch plan amendment and rezoning requests
5. Other Master Plan Elements
The Master Plan for Mineral Extraction (1996) identifies upland deposits
comprised of sand, gravel, silt and clay in the area of the subject property. The
mineral rights certification prepared by the applicant indicates that there are no
severed mineral rights associated with the property.
G. PHYSICAL SITE CHARACTERISTICS
1. Hazards
A geology and soils report was submitted by Rocky Mountain Group, dated
September 19, 2016, which provides a comprehensive geologic overview of the
final plat area. Engineered site plans will be required for a select number of lots
within the subdivision, as identified on the plat, at the time of residential site plan
review and approval prior to building permit issuance as identified in the notes
section on the final plat.
2. Wildlife
Potential impact to wildlife is generally moderate as depicted in the El Paso
County Wildlife Habitat Descriptors Map (1996). The U.S. Fish and Wildlife
Service, and Colorado Parks and Wildlife have not provided comments on this
application. The El Paso County Community Services, Environmental Division,
concluded that development of the portions of the preliminary plan may interfere
with habitat and wildlife known to the State of Colorado to be threatened, but did
not specify which species. The Division recommends the applicant obtain
information regarding wildlife protection measures from Colorado Parks and
Wildlife. The applicant may choose to incorporate wildlife protection measures
into the covenants at the time of final plat(s) recordation.
3. Floodplain
FEMA Flood Insurance Rate Map (FIRM) panel number 08041C0287 shows that
the property is located outside the 500-year floodplain (Zone X).
4. Drainage and Erosion
The Gleneagle Golf Course Residential Infill Development is located within the
Black Forest Drainage Basin (FOMO 3600). This site is subject to the El Paso
County Drainage Basin Fee Program, fees will be due at the time of plat
recordation.
The associated Final Drainage Report proposes two (2) private on-site
detention/water quality ponds as well as two (2) private water quality ponds to
mitigate impacts generated by development of the site. All of the proposed
private ponds and drainage swales will be subject to a private detention basin
stormwater quality best management practice maintenance agreement. The Final
Drainage Report with plan will be required to be approved by the County
Engineer prior to scheduling the plat before the Board of County Commissioners
hearing (see Recommended Conditions of Approval No. 15 and 17 below).
The two (2) proposed private detention ponds outfall between two (2) existing
single-family homes at separate locations along Westchester Drive. No drainage
easement currently exists between the lots along Westchester Drive. Additional
analysis is required to confirm that there are no adverse impacts to the
downstream property owners and County infrastructure prior to scheduling of this
final plat for Board of County Commissioners hearing (see Recommended
Conditions of Approval Nos. 15 and 17 below).
A grading and erosion control plan has been submitted which is required to
identify temporary and permanent best management practices (BMPs) to prevent
sediment and debris from affecting adjoining properties and the public
stormwater system before, during, and after grading activities. The analysis for
the outfall of the private detentions ponds will have a direct effect on the grading
and erosion control plan. The grading and erosion control plan will be required to
be approved by the County Engineer prior to scheduling this final plat for hearing
before the Board of County Commissioners (see Recommended Conditions of
Approval Nos. 15 and 17 below).
5. Transportation
The redevelopment of the Gleneagle Golf Course will result in an additional 0.68
lanes miles of developer constructed roadway infrastructure to be dedicated to
the County for ownership and ongoing maintenance. The developer will construct
three (3) public roads to be built to County road standards off of Gleneagle Drive.
The roads will include curb, gutter, and sidewalks. The developer will also
construct three (3) minor frontage roads along Gleneagle Drive, with islands in
between the frontage roads and Gleneagle Drive to be maintained by Westbrook
Capital Holdings, LLC, to limit the direct access to Gleneagle Drive. Lots 12, 16,
and 24 will be allowed direct access to Gleneagle Drive.
The Countywide Road Impact Fee Program applies to this development. Fees
will be paid at the time of issuance of a building permit for each lot within the
subdivision.
H. SERVICES
1. Water
Sufficiency: Donala Water and Sanitation District has committed to providing
services. The applicant and Donala Water and Sanitation District requested a
waiver of Section 8.4.7.B.7.2, requiring that the water supply be sufficient for 300
years with the associated preliminary plan.
Quality: Sufficient
Quantity: Sufficient, if the waiver request is approved with the concurrent
preliminary plan request.
Dependability: Sufficient, if the waiver request is approved is approved with the
concurrent preliminary plan request.
Attorney’s summary: The County Attorney’s Office is anticipated to make a
recommendation for a finding of sufficiency for water quantity and dependability
with the accompanying preliminary plan request. El Paso County Public Health
has made a recommendation for a finding of sufficiency in terms of water quality
with the accompanying preliminary plan request.
2. Sanitation
Donala Water and Sanitation District has committed to providing wastewater
services.
3. Emergency Services
The site is within the boundaries of the Donald Wescott Fire Protection District.
The District was sent a copy of the final plat request. The District has no
objections to this request. A commitment letter from the District was provided at
time of final plat submittal.
4. Utilities
Mountain View Electric Association will provide electric service and Black Hills
Energy will provide natural gas service to the development. Standards utility
easements are shown on the final plat.
5. Metropolitan Districts
The site is not within a metropolitan district.
6. Parks/Trails
El Paso County Community Services, Parks Division, did not identify any planned
parks or trails in or near the property. The Gleneagle Civic Association will have
the ability, after taking ownership of the open space tracts, to modify the use of
the open space for specific recreational purposes including recreational facilities
pursuant to the standard operating procedures of the GCA by-laws. Park fees in
lieu of land dedication for regional parks (Area 2) in the amount of $18,816 and
fees in lieu of land dedication for urban parks (Area 2) in the amount of $11,872
shall be paid at time of final plat recordation.
7. Schools
The site is within the boundaries of Academy School District No. 20. Fees in lieu
of school land dedication in the amount of $17,136 shall be paid to El Paso
County for the benefit of Academy School District No. 20 at time of plat
recordation
I. APPLICABLE RESOLUTIONS
Approval Page 19
Disapproval Page 20
J. STATUS OF MAJOR ISSUES
At this time the following issues have been identified, each of which shall be
addressed prior to scheduling the final plat request for hearing before the Board of
County Commissioners:
Approval of the Preliminary/Final Drainage Report is pending. At this time, an
analysis is still needed detailing the downstream impacts caused by the
outfall from the two detention/water quality ponds. If this analysis shows a
negative impact to the downstream properties and/or County infrastructure,
the developer will be required to provide easements and design a pipe
system to carry the flow to a suitable outfall.
Approval of the stormwater management plan is pending final analysis of the
detention pond outfall as discussed immediately above.
Approval of the engineering construction documents is also pending final
analysis of the detention pond outfall.
Approval of the grading and erosion control plan is pending due to the fact
that the potential downstream impacts have not been fully analyzed. The
preliminary/final drainage report will need to be approved concurrent with the
grading and erosion control plan.
Approval of the operation and maintenance manuals is pending. Until the
design of the detention ponds and water quality ponds is complete these
documents cannot be completed.
Approval of the financial assurance estimate is pending. This document will
need to match the final drainage report and the approved grading and erosion
control plan prior to approval by the County Engineer.
K. CONDITIONS AND NOTATIONS
Should the Planning Commission and Board of County Commissioners find that the
request meets the criteria for approval outlined in Section 7.2.1 (Subdivisions) of the
El Paso County Land Development Code (2016) staff recommends the following
conditions and notations:
CONDITIONS
1. All Deed of Trust holders shall ratify the plat. The applicant shall provide a current
title commitment at the time of submittal of the Mylar for recording.
2. Colorado statute requires that at the time of the approval of platting, the subdivider
provides the certification of the County Treasurer’s Office that all ad valorem taxes
applicable to such subdivided land, or years prior to that year in which approval is
granted, have been paid. Therefore, this plat is approved by the Board of County
Commissioners on the condition that the subdivider or developer must provide to the
Planning and Community Development Department, at the time of recording the plat,
a certification from the County Treasurer’s Office that all prior years’ taxes have
been paid in full.
3. The subdivider or developer must pay, for each parcel of property, the fee for tax
certification in effect at the time of recording the plat.
4. The Applicant shall submit the Mylar to Enumerations for addressing.
5. Developer shall comply with federal and state laws, regulations, ordinances, review
and permit requirements, and other agency requirements, if any, of applicable
agencies including, but not limited to, the Colorado Division of Wildlife, Colorado
Department of Transportation, U.S. Army Corps of Engineers and the U.S. Fish and
Wildlife Service regarding the Endangered Species Act, particularly as it relates to
the Preble's Meadow Jumping Mouse as a listed species.
6. Driveway permits will be required for each access to an El Paso County owned and
maintained roadway. Driveway permits are obtained from the El Paso County
Planning and Community Development Department.
7. The Subdivision Improvements Agreement, including the Financial Assurance
Estimate, as approved by the El Paso County Planning and Community
Development Department, shall be filed at the time of recording the Final Plat.
8. Collateral sufficient to ensure that the public improvements as listed in the approved
Financial Assurance Estimate shall be provided when the final plat is recorded.
9. The Subdivider(s) agrees on behalf of him/herself and any developer or builder
successors and assignees that Subdivider and/or said successors and assigns shall
be required to pay traffic impact fees in accordance with the El Paso County Road
Impact Fee Program Resolution (Resolution No. 12-382), or any amendments
thereto, at or prior to the time of building permit submittals. The fee obligation, if not
paid at final plat recording, shall be documented on all sales documents and on plat
notes to ensure that a title search would find the fee obligation before sale of the
property.
10. Park fees in lieu of park land dedication for regional parks (Area 2) and urban park
(Area 2) fees shall be paid to El Paso County at time of plat recordation.
11. School fees in lieu of school land dedication shall be paid to El Paso County for the
benefit of Academy School District No. 20 at time of plat recordation.
12. Any future or subsequent development and/or use of the property shall be in
accordance with the use, density, and dimensional standards of the RS-6000
(Residential Suburban) zoning district and with the applicable sections of the Land
Development Code (2016) and Engineering Criteria Manual (2015) with exception to
the minimum lot size. The minimum lot size shall be no less than 10,000 square
feet, which is consistent with the associated rezoning request (P-16-004) requiring
the same.
13. The development agreement to guarantee and convey the open space as recorded
at the time of the Board of County Commissioners resolution recordation for map
amendment (rezone) P-16-004), shall be identified on the face of the final plat by the
Clerk and Recorder’s Reception Number prior to recording of the final plat.
14. The overall cap for residential lots within this final plat area and associated sketch
plan (SKP-16-001) area shall be limited to 56 residential dwelling units.
15. All technical issues shall be resolved and the engineering documents shall be
submitted and approved by the Planning and Community Developer Director and the
County Engineer, as appropriate, prior to scheduling this request for hearing before
the Board of County Commissioners.
16. Approval by El Paso County of the final plat and the drainage report and plan
associated with the final plat shall not be construed as approval of the proposed
conveyance of the pond outfall flow across private property nor shall such approvals
be construed as recognition of easements necessary to facilitate such conveyance.
17. The applicant shall complete and submit an analysis of the downstream impacts as
they relate to the water quality/detention ponds, assuring acceptable conditions to
the County Engineer, or, alternatively, the Developer shall obtain drainage
easements necessary to facilitate the downstream drainage, prior to scheduling this
request for hearing before the Board of County Commissioners.
NOTATION
1. Final plats not recorded within 24 months of Board of County Commissioner
approval shall be deemed expired, unless an extension is approved.
L. PUBLIC COMMENT AND NOTICE
The Planning and Community Development Department notified 323 adjoining
property owners on March 7, 2017, for the Planning Commission meeting.
Responses will be provided at the hearing.
M. ATTACHMENTS
Vicinity Map
Letter of Intent
Plat Drawing