chaffee county development services department

of 6

CHAFFEE COUNTY Development Services Department

P.O. BOX 699 PHONE (719) 539-2124 SALIDA, CO 81201 FAX (719) 530-9208

WEBSITE www.chaffeecounty.org

STAFF REPORT

Date: July 26, 2021 To: Chaffee County Planning Commission From: Planning Staff Subject: Ogden Major Subdivision – Preliminary Plan/Final Plat

PC: 8/3/2021 BOCC: 9/7/2021

Applicant: Ralph & April Ogden

Public Hearing Notice Information: Public hearing notices were sent by certified mail to adjoining property owners on June 7, 2021; the hearing was advertised in the Mountain Mail on July 15, 2021 and in the Chaffee County Times on July 16, 2021. The Public Hearing Notice sign was posted on July 5, 2021, with photo confirmation by the applicant.

Summary of Application: This application proposes to subdivide Lot 2 of the Ogden Heritage Water Subdivision Exemption of 20.14 acres into five lots, all approximately 4.0 acres in size. Wells and on-site wastewater treatment systems will serve the property. Applicants are dedicating a 30’ wide private right of way (half road right of way adjacent to an existing access easement on adjoining property) off County Road 190 E. A draft Road Maintenance Agreement is included in the application materials, which is also used by adjacent property owners to the east and south. 0.55 acres of private open space easement is provided as a wildlife corridor along the north portion of the four lots. The property is not served by irrigation water.

Location & Zoning Map:

Ogden Major Subdivision 12840 CR 190 E

RUR

RES

REC

RUR

of 6

Final Plat:

Aerial Photo:

Materials Submitted: The application contains the following items:

Civil Engineering Plans for the Low Volume Road

Traffic information for five additional houses

Draft Road Maintenance Agreement

Ogden Major Subdivision

CR

19

0 E

Access Easement

Yellow - Lot Boundaries Green – 20’ wide Open Space Easement Orange – Private Right of Way

N. Fork Ditch Easement

Private ROW

BLM

of 6

Article 7.1 Basic Standards for all Land Use Change Permits 7.1.1 Intent: This section is for applicants to demonstrate that facilities and services are available, that environmental and topographic constraints are considered and that design of the subdivision can mitigate impacts to unique natural features. 7.1.2 Compliance with Zone District: This application complies with the density and dimensional standards of the Rural zoning district. 7.1.3 Site Infrastructure Requirements: The lots will have individual wells and On-site Wastewater Treatment Systems (OWTS). Augmentation will be purchased for the lots before the plat is recorded. All lots will have frontage on a private right of way. No comments have been received from the Chaffee County Fire Protection District. 7.1.4 Site Drainage: A Drainage Report has not been prepared for the project and is needed for recommendations for engineered design of culvert(s), and a drainage easement for the drainage(s). 7.1.5 Protection of Wetlands and Riparian Areas: N/A – wetlands and riparian areas have not been identified on the property. The drainages are dry washes. 7.1.6 Wildlife Habitat: The property is in an area rated high for Significant Wildlife Habitat. Comments from Colorado Parks & Wildlife (CPW) states the area is used by bighorn sheep, and domestic sheep and goats should be prohibited. Additional comments are summarized in the Review Agency comments. 7.1.7 Erosion and Sedimentation: Erosion control will need to be used during road construction. Owners/builders will need to maintain historic drainage patterns during construction. 7.1.8 Dark Sky Standards: New construction will be required to comply with downcast and shielded lighting. 7.1.9 Areas of Archeological, Paleontological or Historic Importance: Comments were received from the Heritage Area Advisory Board and states that the development will be visible from Highways 291 and 285 Article 7.2 Site Planning and Development Standards 7.2.1 Other Adopted Plans: The Chaffee County Comprehensive Plan recommends this area for Rural/Agricultural, No Change in Use. The area has historic ranching use; however, the subject property has no irrigation water associated with it. 7.2.2 Infrastructure Requirements: The narrative did not include information concerning yields of area wells; however, this is a sampling of area wells:

Address Well Permit # Depth in feet GPM

12770 CR 190 E 124165 100 10

12840 CR 190 E 292016 165 14

12991 CR 190 E 84216-F 165 No information

12995 Hwy 291 95215 59 27

12896 Hwy 291 183124-F 160 14

12775 CR 190 E 142485 70 8

12560 CR 190 E 64523-F 120 14 The subdivision will have augmented wells, and On-site Wastewater Treatment Systems (OWTS). No comments were received from the Chaffee County Fire Protection District. The owner has been in contact with an adjacent property owner about sharing the costs for installation of a fire cistern. This proposal can meet parking requirements based on the future use of the lots.

of 6

7.2.3 Site Planning and Design: The subdivision was designed to create lots for the Ogden’s and their four children (equal sized lots). Building envelopes are located on the plat. 7.2.4 View Protection Guidelines: This section of the Code applies to projects adjacent to highways, County Roads and the Arkansas River. The lots are approximately 1300 feet from the Scenic Byway (Highway 291), and approximately 790 feet from County Road 190 E. No visual mitigation is proposed. 7.2.5 Weed Control: No comments have been received. 7.2.6 Stormwater run-off: Stream Stats shows a drainage on the property, and a Drainage Report is required. Historic drainage patterns shall be preserved during construction. 7.2.7 Protection of water quality: N/A, this refers to non-residential development. Article 7.3 Subdivision Design Specifications: 7.3.1 Basic Subdivision Standards: This application uses an existing shared access easement that also provides access for two other property owners. Private right of way will be dedicated, and a Low Volume Road and cul-de-sac built for the subdivision. All lots have access onto CR 190 E from this private right of way. 7.3.2 Subdivision Lots: All lots meet density and dimensional standards for the Rural zoning district. The subdivision has a drainage shown in Stream Stats, and a drainage report is required. 7.3.3 Subdivision Roads: The road layout is on an existing access easement. An engineered road design has been provided. 7.3.4 Subdivision Fire Protection: This property is within the Chaffee County Fire Protection District. No comments have been received. 7.3.5 Utility Easement Requirements: Easements meeting the requirements of the Land Use Code are shown on the final plat. 7.3.6 Survey Monuments: Monuments shall be shown on the plat. 7.3.7 Standards for Public Sites and Open Space: A proposal for a 20’ wide wildlife corridor is included at the north end of the lots. The Fair Contributions to Schools note has been added to the final plat for any residential units in the subdivision. Burn Probability: The burn probability for this property is Low as it is open grasslands. Review Agency Comments: Chaffee County Engineering – The cul-de-sac must be 90 feet in diameter; StreamStats shows a drainage on the property, this drainage must be analyzed and managed; No data was submitted regarding the adequacy of water; Chaffee County Heritage Area Advisory Board – The new houses will be visible from the Scenic Byway and sets a precedence for similar development to occur in the future. Chaffee County Transportation Advisory Board – Expresses concern for the single access point, road and trail connectivity and provision of telecommunication infrastructure. Chaffee County Fire Protection District – No comments received, but the representative states a fire cistern has been approved and is being installed at the entrance to the subdivision. Colorado Division of Water Resources – The proposed waster supply will not cause material injury to decreed water rights as long as the wells are permitted in accordance with the District’s Augmentation Plan. Colorado Geological Survey (CGS) – No objection to approval of the plat. Geotechnical constraints that should be evaluated once building locations have been identified and prior to

of 6

building permit applicant include the potential for hydrocompactive soils (loose alluvial fan deposits and wind-deposited sands that may exhibit compression, consolidation, or collapse in response to wetting and structural loading). Colorado Parks & Wildlife (CPW) - Recommendation that no domestic sheep or goats be allowed on the properties; Wildlife-Friendly Fencing be located outside the immediate building envelope using recommendations from the manual “Fencing with Wildlife in Mind”; bear-proof trash cans; pets not be allowed to roam free; and that they be fed inside; kennels with top panels for areas frequented by mountain lions; bird feeders be brought inside at night; and barbeque grills be cleaned and stored in a secure area. Salida School District – We will accept fees in lieu of dedication. Sangre de Cristo Electric Association – SDCEA can serve the proposed lots. Upper Arkansas Water Conservancy District – No issues with this subdivision. Correspondence

Chris Bainbridge, dated June 14, 2021 Planning Commission Findings

1. The application meets the requirements of the Land Use Code for a Major Subdivision Preliminary Plan/Final Plat.

2. An existing access easement provides access to the Ogden property and two adjacent properties. This will be changed to private right of way and a Low Volume Road constructed on it.

3. A draft Road Maintenance Agreement has been submitted for review. 4. The property is impacted by a natural drainage. 5. No irrigation water serves the property. 6. The area is habitat for Bighorn Sheep. 7. CCHAAB made comments that the subdivision does not meet the visual impact

requirements. 8. The open space dedication is proposed as 0.55 acres at the north end of the lots for a

wildlife corridor. Planning Commission Conditions:

1. Proof of water augmentation for the lots shall be provided to the Development Services Department before the plat is recorded.

2. A Drainage Report shall be submitted for review and approval, including road construction requirements, before the plat is recorded.

3. The following notes shall be added to the Final Plat: a. The Road Maintenance Agreement is recorded at Reception #________. b. All On-Site Wastewater Treatment Systems (OWTS) shall be designed by a

Colorado Licensed Professional Engineer. c. Evaluate geotechnical constraints once building locations have been identified

and prior to building permit applicant include the potential for hydrocompactive soils (loose alluvial fan deposits and wind-deposited sands that may exhibit compression, consolidation, or collapse in response to wetting and structural loading).

d. CPW Notes.

of 6

e. Standard Chaffee County Plat Certificates and Notes, including but not limited to Restriction of Future Changes, Right to Ranch Policy, and Fair Contributions to Schools.

PLANNING COMMISSION ACTION: Commissioner __________ moved and Commissioner __________ seconded and the Planning Commission voted to recommend to the County Commissioners to APPROVE/APPROVE WITH CONDITIONS/CONTINUE/DENY the Ogden Major Subdivision Preliminary Plan/Final Plat, based on the following findings of fact with conditions: Findings of Fact:

1. Conditions of Approval:

1.

chaffee county development services department

Documents