PARK COUNTY PLANNING COMMISSION PLANNING DEPARTMENT STAFF REPORT

Transcription

1 PARK COUNTY PLANNING COMMISSION PLANNING DEPARTMENT STAFF REPORT Planning Commission Hearing Date: July 14, 2015 To: Planning Commissioners Date: July 8, 2015 Prepared by: Subject: Request: Jill Falchi, Planning Technician Sheila Cross, Director of Development Services Hillside Acres Minor Subdivision & Rezoning Subdivision of a acre parcel of land into two tracts of approximately 15 acres and 5 acres, and subsequent rezoning from Residential Estates (R-20) to Residential (R). Application Summary: Applicant: Owner: Location: Current Zone District: Proposed Zone Districts: Surrounding Zoning: Lot Size: Existing Use: Proposed Use: Public Comment: Douglas Z. Smith Douglas Z. Smith Property is located in N ½ of Section 5, Township 7S, Range 72W, and addressed as 2718 CR 43 Bailey. Residential Estate Residential Residential, Residential Estate and Agriculture. A Zoning Map is included as Attachment acres Residential Residential None received at this time Background: Doug Smith s property is located north of Bailey, west of County Road 43. A Vicinity Map is provided as Attachment 2. He wishes to divide the acre parcel into two lots. Attachment 3 is the preliminary proposed plat. It may be modified pending receipt of a slope analysis. The smaller lot may need to increase to 6 or 8 acres. The revised plat will be available for the hearing. If it is not, the hearing on this case will be postponed. PCPC Staff Report Page 1 of 4 Hillside Acres Subdivision July 14, 2015 Hearing

2 Upon approval of these applications, Lot 2 would retain a residence and garage and would be put on the market for sale. The applicant wishes to eventually build a residence on Lot 1. Because a Minor Subdivision will reduce both lots to less than 20 acres, a rezoning from Residential Estate (R-20) to Residential (R) is required. The current access to the lot is at the southernmost point of the property. Upon subdivision, the owner may consider that the access point be shared due to the existing slope. An access easement would be required. Aerial, Wildlife Impact, and Topographic maps are provided as Attachments 4, 5, and 6, respectively. The Colorado Division of Water Resources commented that an augmentation plan is required to offset depletion of the water supply by development of the additional parcel. The applicant is currently working with HASP to obtain augmentation. The Platte Canyon Fire Protection District confirmed that the property has been mitigated to meet the best practices by Firewise Communities. Land Use Regulations and Strategic Master Plan: Each of the standards for approval of a Minor Subdivision (LUR Section 6-303, page 20) is addressed, as summarized below. A. The proposed subdivision conforms to all applicable requirements of the Residential Zone District in which the property is located, including but not limited to, requirements for setbacks, height, floor and lot areas, and minimum lot size; Hillside Acres Subdivision will conform to all applicable requirements of the Residential Zone District. B. The proposed Minor Subdivision meets or satisfies all applicable requirements of these Land Use Regulations; The driveway access to the new lot will follow county regulations and standards. Based on grade, it may be necessary that the access point for Lot 1 be shared with the existing access point from Lot 2. C. The proposed Minor Subdivision does not substantially conflict with the goals and policies of the Strategic Master Plan to the extent that such advisory positions not conflict with provisions or requirements of the Land Use Regulations and to the extent that such goals and policies set forth requirements which are sufficiently specific to permit the Planning Commission or the Board of County Commissioners to decide that such application or subdivision meets or fails to meet such goal or policy; This Minor Subdivision does not conflict with goals or policies of the Strategic Master Plan or the requirements of the Land Use Regulations. D. The proposed Minor Subdivision (both during and following construction) will not result in substantial adverse impacts upon adjacent property or the public health, safety, or welfare of Park County residents. This Minor Subdivision will not result in substantial adverse impacts upon adjacent property owners nor the public health, safety or welfare of Park County residents. PCPC Staff Report Page 2 of 4 Hillside Acres Subdivision July 14, 2015 Hearing

3 E. The proposed Minor Subdivision will obtain water and wastewater services from sources and facilities meeting the requirements of Division 7 and 8 of Article VII. Private water supplies (wells) and septic systems will serve the lots. F. Where Public Improvements are proposed to serve the subdivision, the Applicant has executed a Subdivision Improvement Agreement in a form recommended for approval by the Board of County Commissioners and by the County Attorney, which adequately secures the timely and complete construction of the Public Improvements in accordance with these Land Use Regulations or other applicable design and construction Standards. The applicant is not required to make Public Improvements as a result of this Minor Subdivision. Each of the standards for approval of a Zoning Map Amendment (LUR Section 5-202, page 9) is addressed, as summarized below. A. In considering any petition for amendment of the Official Zoning Map, the following standard shall govern. The applicant for the proposed amendment shall bear the burden of proof and the resolution approving the zoning map amendment shall be approved and adopted only if it is demonstrated by clear and convincing evidence presented during the public hearing that the following conditions or circumstances exist: 1. The property possesses the geological, physical, and other environmental conditions that are compatible with the potential uses permitted in the proposed zone district; and The Hillside Acres property s geological, physical, and other environmental conditions are compatible with the proposed zone district. 2. The property has a reasonably certain right of permanent legal access permitting vehicular ingress and egress from the property to the public thoroughfare; and The property has a reasonably certain right of permanent legal access via county roads (Co Rd 43). 3. Access to the property from the public thoroughfare reasonably meets County street, road, or driveway standards or, if the property is undeveloped, such access will be established prior to issuance of a building permit; and The driveway access to the new lot will follow county regulations and standards. Based on grade, it may be necessary that the access point for Lot 1 be shared with the existing access point from Lot The potential uses of the property within the proposed zone district are compatible with other properties within the immediate surrounding area; and The Hillside Acres Rezoning will conform to all applicable requirements of the Residential Zone District. 5. At least one of the following: a. The rezoning, as proposed, is consistent with the advisory provisions of the Park County Strategic Master Plan; or PCPC Staff Report Page 3 of 4 Hillside Acres Subdivision July 14, 2015 Hearing

4 The subject property s rezoning is generally consistent with the advisory provisions of the Park County Strategic Master Plan. b. The rezoning, as proposed, is supported by circumstances and conditions within the immediate area which have changed since the adoption of the Park County Strategic Master Plan; or Not Applicable. c. The rezoning, as proposed, is to a Planned Unit Development Not Applicable. Impact Analysis: No significant impact is anticipated to schools, parks, storm drainage or utilities. Recommendation: Based on the foregoing, staff recommends that the Minor Subdivision be approved with no conditions. Based on the foregoing, staff recommends that the Rezoning be approved with no conditions. PCPC Staff Report Page 4 of 4 Hillside Acres Subdivision July 14, 2015 Hearing

5 Attachment 1 Zoning Map Hitchrack Rd Residential Estate Mountain Residential Residential Estate Residential Estate CR 1034 Subject Property Residential Residential CR 1034 CR 43 Agricultural Legend Agricultural A - Agriculture I - Industrial CR 43 MU - Rural Center Mixed Use R35 - Residential Ranch A35 - Agricultural Small Lot M - Mining PUD - Planned Unit Development RVC - Recreational Vehicle Park C - Commercial MHP - Mobile Home Park R - Residential CR - Conservation-Recreation MR - Mountain Residential R20 - Residential Estate Date: 6/30/ inch = 400 feet O Parcel data should not be considered survey quality. Park County will not be held liable for misuse or misinterpretation of this data. Park County GIS 2014 Document Path: S:\Planning\MXD's\Zoning_39034.mxd

6 Attachment 2 Vicinity Map DREAM LAKE HEIGHTS Hidden Valley Blvd Valley View Rd Ridge Ln Forest Dr ELK-HORN ACRES Reed Ln Elkhorn Ct Two Bits St Rustlers Rd Four Bits St Bad Bandit Ln CREEK ESTATES Stagecoach Ln Tincup Ter Gunsmoke Dr Vigilante Ave Hangmans Rd Desperado Rd Buckaroo Rd DEER CREEK VALLEY RANCHOS Wagon Tongue Rd WOODSIDE PARK Tapadero Rd CR 43 Double Tree Rd FAWN CREEK RD CROOKED TOP RANCH Hitchrack Rd Ox Yoke Ln Private Road Forest Ridge Rd CR 1034 Subject Property Conestoga Rd FSR 101 Ridge Rd FRIENDSHIP RANCH South Pine Dr North Pine Dr Pinon Rd Fawn Dr Iris Dr East Pine Dr Aspen Dr Pine Dr MILL-IRON D ESTATES Derringer Ct Old Corral Rd 781 Deer Creek Roland Dr MCKINLEY SUBDIVIS J.M. HOLT ROLAND VALLEY Buggy Whip Rd 285 Deer Creek Crow Gulch Hillside Acres Estate Site Tax Parcel Roads RAVENSWOOD Crow Gul Ravenswood Ct Deerhaven Rd Summit Dr DEER CREEK CORNERS HILL AND DALE Delwood Dr Bull Dogger Rd CR 43A HIGHWAY 285 HOLLY COMMERCIAL Rosalie Rd ARCADIA Schedule # Date: 6/17/2015 BAILEY ESTATES 1 inch = 2,850 feet CR 72 Random Rd Bonnie Ln Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community BURLAND RANCH-ETTES DOUBLE S RANCHETTES BURLAND RANCH-ETTES O Naip 2011 Imagery Parcel data should not be considered survey quality. Park County will not be held liable for misuse or misinterpretation of this data. Park County GIS 2014 Document Path: S:\Planning\MXD's\Jill's Maps\39034_VicinityMap_final.mxd

7 Attachment 3

8

9 Deer Creek Attachment 4 Aerial Map CR 43 Private Road Text CROOKED TOP RANCH CR 1034 Hillside Acres Estate Site Subdivisions Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Schedule # Date: 6/17/ inch = 200 feet O Naip 2011 Imagery Parcel data should not be considered survey quality. Park County will not be held liable for misuse or misinterpretation of this data. Park County GIS 2014 Document Path: S:\Planning\MXD's\Jill's Maps\39034_AerialMap.

10 Attachment 5 Wildlife Map Tapadero Rd CR 43 FAWN CREEK RD Ox Yoke Ln Hitchrack Rd Private Road CR 1034 Subject Property 781 Deer Creek Conestoga Rd Deer Creek Hillside Acres Estate Site Roads Tax Parcel 1 - Low 2- Moderately Low 3 - Moderate 4 - High 5 - Very High Schedule # Date: 6/17/ inch = 850 feet O Naip 2011 Imagery Parcel data should not be considered survey quality. Park County will not be held liable for misuse or misinterpretation of this data. Park County GIS 2014 Document Path: S:\Planning\MXD's\Jill's Maps\39034_WildlifeMA

11

12 PITSKER AND ASSOCIATES P RO F ESSIONA L LA N D SU RV EYO RS Pleasant Park Road Building A, Suite 200 Conifer, Colorado 804 i 3 ph (i03) / FAX (303) 838-7t74 FILE NO, JULY, 2OI5 RE: LOT 1, HILLSIDE ACRES SUBDIVISION, COUNTY OF PARK, STATE OF COLORADO. TO WHOMIT MAY CONCERN; MORE THAN 50% OF THE LOT IS GREATER THAN 20% SLOPE. LESS THAN 50% OF THE LOT IS GREATER THAN 30% SLOPE. THE 6 ACRE MINIMUM LOT SIZE MEETSTHE PARKCOUNTY REGULATION REQUIREMENT. THIS INFORMATION WAS OBTAINED FROM A US.G.S. QUAD SHEET AND NOT AN ACTUAL GROUND SURVEY. S{" rsere TS Hso