MS-02-015 341.12 MINOR SUBDIVISION TREVITHICK A request by Danny Trevithick for a one-lot Minor Subdivision on five acres. The property is zoned A-35 (Agricultural) District and is located ¼ mile south of McDaniels Road and west of Ellicott Highway within the Ellicott Valley Planning Area. Assessor s Tax Schedule #34120-00-006. APPLICABLE RESOLUTIONS Approval Page 1 Disapproval Page 2 PLANNING DEPARTMENT RECOMMENDATION: The Planning Department recommends approval, with the following conditions and notations: CONDITIONS 1. Prior to recording the Plat: a. School fees (Ellicott School District #22) in the amount of $185.00 shall be paid. b. Regional Park fees of $306.90 shall be paid. c. The applicant shall submit the mylar to Enumerations for addressing. d. All Deed of Trust holders shall ratify the Plat. e. 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, for 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 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. f. 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.
2. Prior to scheduling this item for hearing by the Board of County Commissioners: A. Add the following notes: 1) Water in the Denver Basin Aquifers is allocated based on a 100 year aquifer life; however, for El Paso County Planning purposes, water in the Denver Basin Aquifers is evaluated based on a 300 year aquifer life. Applicants, the Home Owners Association, and all future owners in the subdivision should be aware that the economic life of a water supply plan should not rely solely upon nonrenewable aquifers. Alternative renewable water resources should be acquired and incorporated in a permanent water supply plan that provides future generations with a water supply. 2) Mailboxes shall be installed in accordance with all El Paso County Department of Transportation and United States Postal Service regulations. 3) Prior to the establishment of any driveway onto a County road, an access permit must be granted by the El Paso County Department of Transportation. 4) Sewage treatment is the responsibility of each individual property owner. The El Paso County Health Department and Environment must approve each system and, in some cases the department may require an engineer designed system prior to permit approval. 5) The addresses exhibited on this plat are for informational purposes only. They are not the legal description and are subject to change. 6) Unless otherwise indicated, side, front, and rear lot lines are hereby platted on either side with a 10 foot public utility and drainage easement. All exterior subdivision boundaries shall have a 20 foot public utility and drainage easement. The sole responsibility for maintenance of these easements is hereby vested with the individual property owners. 7) All structural foundations shall be located and designed by a Professional Engineer, currently registered in the State of Colorado. 8) Individual wells are the responsibility of each property owner. Permits for individual wells must be obtained from the State Engineer who by law has the authority to set conditions for the issuance of these permits. B. All outstanding El Paso County Department of Transportation and Natural Resources issues shall be resolved.
3. Conditions of Compliance, as stipulated by the County Attorney s Office, shall be adhered to at the appropriate time. NOTATION 1. Minor Subdivisions not forwarded to the Board of County Commissioners for consideration within 12 months of Planning Commission action shall be deemed withdrawn and shall have to be resubmitted in their entirety. A finding of sufficiency regarding water has been made by the State Water Engineer. PUBLIC NOTICE: The property was posted on March 4, 2003. PUBLIC NOTIFICATION: The Planning Department notified adjoining property owners of the applicant s intent on March 4, 2003. A summary of their responses will be given at the meeting. ADJOINING LAND USE AND ZONING: North Grazing Land RR-3 (Rural Residential) District South Single-Family Residence RR-3 (Rural Residential) District East Single-Family Residence RR-3 (Rural Residential) District West Grazing Land RR-3 (Rural Residential) District SUMMARY OF THE PROPOSAL: The applicant intends to legalize a five acre parcel by proposing a one-lot minor subdivision. HISTORY: This property was originally zoned A-35(Agricultural) zone district on March 25, 1999. There is an existing single family dwelling unit and accessory structures located on the property. The property was created by a Warranty Deed on August 3, 1984 without the benefit of the subdivision process. Subdivision regulations were adopted by the State of Colorado in July of 1972. The El Paso County Board of Adjustment approved a lot area variance to allow a 4.507 acre parcel where 5 acres is required on February 12, 2003.
AGENCY COMMENTS EL PASO COUNTY DEPARTMENT OF TRANSPORTATION has no objections to the above referenced applications provided that: 1) DOT will require the appropriate right-of-way dedication and reservation for Ellicott Highway with the platting of the proposed site. The total required right-ofway needed is 60 feet west of the section line with an additional 45 feet right-ofway reservation to meet the expressway classification and provide for future improvements to the roadway. 2) DOT will require the applicable setbacks to be applied from the right-of-way reservation line with the platting of the proposed site. 3) Vehicular access to the subject property shall be limited to the existing single access point. 4) Ellicott Highway is classified as an Expressway and future access will be limited per the county access code. This property shall provide an irrevocable access easement to the adjacent properties (to the north and west) such that access points can be co-located in the future if the adjacent properties subdivide or if improvements are made to Ellicott Highway. 5) Utility and drainage easements shall be dedicated on the subdivision plat. MAJOR THROUGHFARE TASK FORCE There was some discussion and then it was moved by Mr. McCarty, seconded by Mr. Bell and carried unanimously to uphold the recommendation of the Technical Committee for approval of existing access, dedicate 60 of right-of-way west of the section line, reserve an additional 45 of right-of-way, and any future accesses to adjacent property are to be consolidated with this existing approved access. EL PASO COUNTY SOIL CONSERVATION has reviewed the request and has the following comments on the Development Report. The soils are incompletely named. The Wildlife Hazard and other spelling errors should be corrected. The District has no other concerns.
COLORADO GEOLOGICAL SURVEY In response to your request and in accordance with Senate Bill 35 (1972), I visited the site and reviewed the site plan on January 10. 2003. The site consists of approximately 4.96 acres and is being platted to include 1 single-family residential lot. A residence, well, and septic system already exist on the property. This site was submitted to the County to correct an illegal subdivision. No new development is proposed on this site. Included in the review package were the letter of intent (12/10/02), development report (undated), and plat (12/17/02) by WK Clark & Associates, LLC. The site is located on a flat area north of Ellicott. Site drainage is by sheetwash to the south, southeast. No swales were observed on the site. The site consists of sandy alluvium that overlies the Dawson formation. The Dawson is known to have sporadic lenses of expansive clays and has been associated with radioactivity in groundwater. Groundwater in this area may be near surface, and flooded conditions may occur during heavy precipitation or runoff. CGS does not have additional concerns regarding the proposed subdivision. The existing development does not appear to be affected by any of the geologic conditions present at the site. Future development should consider the subsurface geologic characteristics in foundation, well, and septic design, and measures to control erosion of the soils on the site during construction. ENVIRONMENTAL SERVICE DEPARTMENT The Environmental Services Department (ESD) has completed its review of the Trevithick Rezone and Minor Subdivision. Our review consisted of the following items; wetlands, general wildlife resources, and federal and state listed threatened or endangered species. Information regarding wildlife protection measures should be provided including fencing requirements, garbage containment, pets, enhancement/maintenance of natural vegetation, weed control and riparian/wetland protection/buffer zones as appropriate. Information can be obtained from the Colorado Division of Wildlife. It should be noted that the U.S. Army Corps of Engineers and the FWS have regulatory jurisdiction over wetland and threatened and endangered species issues, respectively. U.S. ARMY CORPS OF ENGINEERS This replies to your December 20, 2002, letter requesting a Section 404 jurisdictional determination for waters of the United States for the proposed land development site near Unnamed near Ellicott, El Paso County, Colorado. We have assigned Action No. 2003 00001 to this request.
We have evaluated the information you provided regarding the project site. To the west of the site, an unnamed tributary drainage occurs and may be regulated under provisions of Section 404 of the Clean Water Act. This jurisdictional determination will be valid for two years from the date of this letter unless new information warrants revision of the determination before the expiration date. A Department of the Army permit may be required for the discharge of dredged of fill material into these waters. MOUNTAIN VIEW ELECTRIC MVEA requests a ten (10) foot front, ten (10) foot side, and ten (10) foot rear lot line easement along with a twenty (20) foot exterior easement along with a twenty (20) foot exterior easement on plat. MVEA also requests platting of existing MVEA facilities with easement on plat. EL PASO COUNTY PARKS DEPARTMENT Park Staff recommends fees in lieu of land for regional park purposes in the amount of 306.90. Park Board concurs with staff recommendation. OFFICE OF THE STATE ENGINEER- Findings will be presented at the meeting. COUNTY ATTORNEY S OFFICE- Findings will be presented at the meeting. COMPREHESIVE PLANNING Master Plan Elements El Paso County Policy Plan (1998) Policy 6.1.3 Encourage new development which is contiguous and compatible with previously developed areas in terms of factors such as density, land use, and access.
Ellicott Valley Comprehensive Plan (1989) Growth and Land Use Policy 1.8 Encourage new developments to demonstrate compatibility with existing surrounding land use in terms of: general use, building heights, scale, density, dust, and noise, as applicable. (p. 76) Comprehensive Planning Comments The rezoning action is intended to bring an illegal subdivision into conformity with the Land Development Code. The property is contiguous with an area to its south zoned A-1 (Agricultural) District, which has a 5-acre minimum lot size. Other similarly zoned properties are in the area. A finding of Master Plan consistency could reasonably be made. The following agencies were notified and their comments, if any, will be provided at the meeting. 911 Emergency School District #22 - Ellicott Ellicott Fire Department El Paso County Health and Environment Pike s Peak Regional Building PLANNING DEPARTMENT COMMENTS 1) The applicant intends to legalize a five acre parcel by proposing a one-lot (4.507 acre) minor subdivision. The property is presently zoned RR-3 (Rural Residential), the RR-3 zone district allows a minimum lot size of five acres. The El Paso County Board of Adjustment (BOA) approved a 4.507 acre parcel, where five acres is required. The creation of the lot, along with the BOA s approval allows the parcel to comply with the requirements of the RR-3 (Rural Residential) zone district. 2) The parcel s required lot area was reduced to 4.507 acres to allow for the dedication of 60 Right-of-way and the Reservation of 45 for Ellicott Highway. 3) The property was created by a Warranty Deed on August 3, 1984 without the benefit of the subdivision process. Subdivision regulations were adopted by the State of Colorado in July of 1972. 4) The subdivision will have direct access to Ellicott Highway (County Maintained). 5) Water and sewer service will be provided by an individual well and septic system. A finding of sufficiency was made by the State Engineer and the Office of the County Attorney regarding water quantity.
6) The parcel lies within the Ellicott Drainage Basin Boundaries; Ellicott Drainage Basin is currently unstudied, no bridge or drainage fees are required to be paid. ENCLOSURES Vicinity Map Letter of Intent Reduced Plat Prepared by Mike Garrott 3/4/03