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El Paso County Planning Commission Package for the October 2001 Meeting

SP-01-014
711.02
PRELIMINARY PLAN
MISTY ACRES SUBDIVISION FILING NO. 1

A request by Serenity Ranch, LLC for a Preliminary Plan for Misty Acres Subdivision Filing No. 1, consisting of 94.357 acres, proposed for 49 half-acre single family lots, five lots for higher residential densities, and several drainage and open space tracts. The property is zoned PUD. It is generally located east of Monument Hill Road and south of Old Antlers Way extended west, in Section 2, T11S, R67W of the 6th P.M., El Paso County. Tax schedule # 71022-00-007, 71023-00-006.

WAIVER: A waiver of the horizontal curve radius from 508 feet to 300 feet.
EXEMPTION: To allow approximately 30 acres, of the total 124.9 acre Misty Acres development, to remain unplatted at this time.

APPLICABLE RESOLUTIONS
Approval Page 9
Disapproval Page 10

PLANNING DEPARTMENT RECOMMENDATION: The Planning Department recommends approval of this request, with support for the waiver but not the exemption, subject to the following conditions and notations:

CONDITIONS
1. Prior to scheduling this request for the Board of County Commissioners, the plat shall be corrected as follows:

a. Existing Utility easements need to be shown on the preliminary plan.

b. The preliminary plan must include a note, or notes, indicating proposed maintenance responsibility and ownership of the open spaces, trails, seasonal wetlands, detention and drainage areas.

c. Each proposed tract that is separated from others by lots or roads is an individual tract. Each individual tract shall be given a separate letter designation. Correct Notes 5 and 6 as appropriate.

d. Put Note 2, with the No-Build Area symbol, from sheet one, on both sheets two and three.

2. Applicable School, Park, Drainage, Pond and Bridge fees shall be paid prior to recording any Final Plat.

3. Prior to scheduling this request for a hearing by the Board of County Commissioners:

a. All concerns of the Department of Transportation will be addressed.

b. Provide Planning Department with concept-type sections of no-build/trail/drainage areas, particularly at lots 3, 27 and 40.

c. Applicant will address the State Geologist's comments regarding lots 47, 48, 49 and 42.

4. 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 Department of Wildlife, Colorado Department of Transportation, U.S. Army Corp of Engineers and the U.S. Fish and Wildlife Service and/or Colorado Department of Wildlife regarding the Endangered Species Act, particularly as it relates to the Preble's Meadow Jumping Mouse as a listed threatened species.

5. All requirements and conditions of the El Paso County Attorney's Office shall be met at the appropriate time.

NOTATIONS
1. Preliminary Plans 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.

[Staff note: There is a finding of water sufficiency.]

PUBLIC NOTIFICATION: The Planning Department last notified adjoining property owners of applicant's intent on October 3, 2001. A summary of their responses will be given at the meeting.

PUBLIC NOTICE: The property was posted no later than October 2, 2001.

ADJOINING LAND USE AND ZONING

Misty Acres Sketch Plan Approval Conditions Still Applicable.

3. Any development will be required to comply with the Colorado Department of Transportation requirements for improvements to Monument Hill Road.

Misty Acres PUD District Approval Conditions:

1. With Phase I, the north-south major collector road shall be constructed through the Colorado Department of Transportation (CDOT) property at the south end, providing a connection to Monument Hill Road. Transfer of this CDOT property and road to El Paso County will be as mutually agreed between El Paso County and CDOT.

[Staff Note: Approval conditions for final platting will deal with this situation. Improvements will be required prior to any lot sales.]

2. An access permit, for Misty Acres Boulevard to Monument Hill Road, must be obtained from the Colorado Department of Transportation prior to scheduling the Final Plat request for consideration by the Board of County Commissioners. Any required construction associated with the permit will be listed on the Estimates of Guaranteed Funds and appropriate surety provided to the County for the Improvements.

[ Staff Note: The above condition is as changed by the Planning Commission September 18, 2001. If approved by the Board of County Commissioners on October 11, the condition will be applied to the final plat. ]

3. In paragraph two of the proposed Development Guidelines, change the second sentence to read, " This includes, but is not limited to, such topics as signage, parking, landscaping, definitions and procedures."

4. Add a new third paragraph as follows: Each use area in Phase II and Phase III shall preserve 10% of the area as open space, preferably in treed or shrubed areas.

5. Development of the property shall be in accordance with the approved Development Plan. Minor modifications may be made subject to the limitations contained in Section 16, paragraph Q. of the El Paso County Land Development Code.

6. No use shall be established on site nor shall building permits be authorized until the property is platted in accordance with El Paso County Subdivision Regulations.

[The above Items 3 and 4 have been accomplished. Items 5 and 6 will be carried out throughout the process.]

7. Any development of this property will be required to implement the goals, policies and procedures of the Interstate 25 Corridor Visual Overlay of the 2000 Tri-Lakes Comprehensive Plan.

[This is addressed in the Planning Department Comments.]

SITE DESCRIPTION: The site is undeveloped, vegetated with native grasses, with patches of scrub oak and mature stands of Pine trees. Slopes range from 8% to 15%. Drainage goes north and south from an east-west ridge approximately in the center of the property. The drainage areas include seasonally wet areas and Moderate Potential Suitable Habitat for Preble's Meadow Jumping Mouse.

PROJECT DESCRIPTION: The proposal is to plat 94.357 acres of the total 124 acre project.
This initial plat includes all necessary road rights-of-way to provide project access, including the main north-south collector, Misty Acres Boulevard. The plat includes all of the ½ acre minimum single-family-lot portion of the Misty Acres project, with 49 lots. There are also five lots for future residential development as patio homes, townhomes and multi-family. There are several tracts for drainage, open space and detention ponds. The proposed plat is in compliance with the approved PUD Development Plan.

AGENCY COMMENTS:

EL PASO COUNTY ATTORNEY'S OFFICE

THIS REVIEW ALSO CONSTITUTES A WATER REVIEW FOR THE ENTIRE BUILDOUT OF MISTY ACRES RANCH SUBDIVISION AS THE APPLICANT NOW HAS AN AGREEMENT WITH WOODMOOR WATER AND SANITATION DISTRICT FOR EXCESS WATER USAGE AND THE STATE ENGINEER HAS RENDERED AN OPINION AS TO THE ENTIRE BUILD OUT OF THE SUBDIVISION.

FINDINGS AND CONCLUSIONS:
1) This is a proposal by Serenity Ranch LLC, for Filing No. I to subdivide 48.36 acres into 49 single-family lots. The property is currently zoned PUD. The entire Misty Acres Ranch Subdivision will consist of 444 residential units (128 single-family units ("SFU"), 316 multi-family units ("MFU")), plus commercial use, on 126.4 acres. The property is located in the West half of Section 2, Township 11 South, Range 67 West of the 6th P.M., El Paso County, Colorado.

2) The Applicant provided for the source of water to be from a central water system --Woodmoor Water and Sanitation District. For Filing No. 1, Applicant estimates its annual water requirements for household use at 17.6 acre-feet (based on 49 units at 0.36 acre-feet per unit). Applicant did not provide an estimate for irrigation of lawn and gardens. For Filing No. 1, given Woodmoor Water and Sanitation District's policy of providing one-half acre-foot of water per acre of land annually, based on 48.36 acres, Woodmoor would provide 24.18 acre-feet of water per year (48.36 acres x 0.5 ac.ft./yr.). For the entire Misty Acres Ranch Subdivision, Applicant estimates its annual water requirements at 141.4 acre-feet (128 SFU's @ 0.36 ac.ft./yr.; 316 MFU's @ 0.27 ac.ft./yr.; and commercial @ 10.0 ac.ft./yr.) At total build-out, based upon 126.4 acres, Woodmoor would provide 63.2 acre-feet of water per year (126.4 acres x 0.5 ac.ft./yr.). The difference between the total required water service and the amount allowed under the District's water policy is 78.2 acre-feet of water annually. Woodmoor Water & Sanitation District indicated that it has approved 78.20 additional acre-feet of water for use by the subdivision pursuant to the District's Excess Water Usage and Service Agreement. For Filing No. 1, Applicant will have to be able to provide a supply of 5,280 acre-feet of water (17.6 ac.ft./yr. x 300 yrs.) to meet the County's 300 year water supply requirement. For the entire build out of the Misty Acres Ranch Subdivision, Applicant will have to be able to provide a supply of 42,420 acre-feet of water (141.4 ac.ft./yr. x 300 yrs.) to meet the County's 300 year water supply requirement.

3) In a letter dated February 23, 2001, the State Engineer indicated that the District has available 5,678 acre-feet per year in its wells based on a 100 year aquifer life. A review of the District's estimates in 1996 indicated that its ultimate water use would be 1,672 acre-feet annually, "with future inclusions." The Engineer indicated that this demand, 1,672 acre-feet, plus the 160 acre-feet demand for this subdivision, would result in an annual demand of 1,832 acre-feet. The State Engineer was of the opinion that this amount would be sufficient to meet the State's 100 year aquifer life requirement, and would exceed by ten years the County's 3 00 year aquifer life requirement.

4) In a letter dated June 29, 200 1, the State Engineer indicates that the demand figures for the entire build out of Misty Acres Ranch Subdivision had decreased. The Engineer based its calculations on a letter from Woodmoor Water and Sanitation District in which the District committed to serve the entire Misty Acres Ranch Subdivision with an annual estimated demand of 141.4 acre-feet. The State Engineer is of the opinion that providing the Subdivision does not use more than 160 acre-feet annually, and the District commits to supply the demand, the amount would be sufficient and cause no material injury to water rights.

5) In a letter from the District Manager for the Woodmoor Water and Sanitation District dated April 17, 2001, the Manager set forth the Applicant's demand figures and the District's allocation figures, which result in a shortfall of 78.2 acre-feet annually. The Manager stated that the Board of Directors approved the Applicant's purchase of 78.20 acre-feet of excess water to serve the Subdivision.

6) In a letter from the District Manager for the Woodmoor Water and Sanitation District dated August 20, 2001, the Manager stated the District is committed to serve the entire subdivision with water and sewer line service, allowing up to 0.5 acre-foot of water per acre of land. The Manager stated the ". . . policy provides for a theoretical Denver Basin Aquifer life of 358 years, thus exceeding the El Paso County requirement of 300 years." The Manager also indicated the Applicant has a contract with the District to purchase extra water required for the proposed platting. The Manager stated the property is subject to all District Policies, Rules and Regulations, Inclusion Agreement and the Excess Water Contract.

7) The water quality requirements of Section 49.5E of the Land Development Code must be satisfied.

8) Analysis. For Filing No. 1, based on a demand of 17.6 acre-feet annually and a supply of 24.18 acre-feet annually under the District's policy of providing 0.5 acre-foot of water per acre of land annually, this equates to a 300 year demand of 5,280 acre-feet, and for 300 years, this supply would yield 7,254 acre-feet, which exceeds the County's 300 year aquifer life requirement. For the entire build out of Misty Acres Ranch Subdivision, the demand would be 141.4 acre-feet annually. Given the District's calculations that under its policy it would allocate 63.2 acre-feet of water, and under the Excess Water Agreement the District would provide the 78.2 acre-feet shortfall, the District would provide 141.4 acre-feet of water annually, which matches the annual demand figure for the entire subdivision. Therefore, based on these calculations, and given the provisions in the Excess Water Agreement, provided additional water is not required for irrigation purposes, the proposed water supply should meet the County's 300 year aquifer life requirement.

9) Therefore, based on the Letter of Commitment from the District, the Excess Water Usage and Service Agreement (which this office has reviewed), the finding of sufficiency and no injury by the State Engineer, the analysis set forth above, and subject to the requirements set forth below, the County Attorney's Office would recommend a finding that the proposed water supply is sufficient in terms of quantity and dependability. The El Paso County Health Department shall provide an opinion as to quality.

REQUIREMENTS:
A. Applicant and all future owners of lots 1-49 within this Filing No. 1, and within the entire build out of Misty Acres Ranch Subdivision, shall be advised of, and comply with, the conditions, rules, regulations, and specifications set by the District.

B. The following plat note shall be added that addresses the State Engineer's admonition to advise landowners of potential limited water supplies in the Denver Basin:

"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 based on wells in a given Denver Basin aquifer may be less than either the 100 years or 300 years indicated due to anticipated water level declines. Furthermore, the water supply plan should not rely solely upon non-renewable aquifers. Alternative renewable water resources should be acquired and incorporated in a permanent water supply plan that provides future generations with a water supply."

EL PASO COUNTY DEPARTMENT OF TRANSPORTATION

August 3, 2001
The following are Department of Transportation comments pertaining to the above referenced submittal.

Preliminary Plan:
1) The County will not accept maintenance responsibilities for landscaping in medians along Misty Acres Boulevard. A maintenance agreement will need to be made for the homeowners association to maintain the landscaping and the agreement will need to be reviewed and approval by the County Attorney's office. Adequate clear zone and sight distances at intersections will be required. A hard surface is recommended, see City of Colorado Springs detail sheet, "Patterned Concrete Median Paving."

2) Horizontal curve radii need to be per the Subdivision Criteria Manual for both the collector and residential roadways.

3) Horizontal curve and centerline length data need to be provided for the north curve on Alexandria Drive.

4) Approximate centerline grades are to be shown on the preliminary plan.

5) Drainage easement(s) are required through lots where water comes off of public right-of-way and in areas of significant cross-lot drainage.

6) The drainage easement below the culvert at the south end of Lindenmere Drive needs to extend to the south property line.

7) Contour lines need to be more legible.

8) Some lengths and bearings are printed on top of each other and are not legible.

9) Existing Utility easements need to be shown on the preliminary plan.

10) The preliminary plan should include maintenance responsibility and ownership of the open spaces, trails, wetlands, detention and drainage areas.

COLORADO STATE GEOLOGIST

JULY 3, 2001
In response to your request and in accordance with Senate Bill 35 (1972) I reviewed the plans for the preliminary and final plat for Misty Acres. A Final Drainage Report and Grading and Erosion Control Plan prepared by Kiowa Engineering (March 2001) was included in the referral. The sketch plan for Misty Acres was reviewed by CGS in October 2000 (review number EP-01-0023).

Drainage is the concern at the site, as the property contains swales and wetlands areas, and bedrock is shallow, locally. The Entech report did a good job of delineating wet and potentially wet areas, and for the most part, the preliminary plat has designated these areas as "no-build." However, there are some "seasonally wet" and "potentially seasonally wet" areas that are not designated as such on the plat: lot 49 and additional areas in lots 48, 47 and 42. Lot 42, in particular, seems to fall almost entirely within this zone. CGS recommends that these lots be drilled at preliminary plat stage to confirm that there is adequate area for a viable lot, or to determine what engineering may be required in these locations. Drainage mitigation may also be required for the swale area in lot 9. The depth to shallow groundwater should be noted during drilling, and samples should be collected and analyzed for geotechnical properties, including moisture content and swell-consolidation.

Perimeter drains should be included where subgrade construction is planned. In addition, the developer might consider the feasibility of installing discrete area drains that discharge to the wetland areas or detention ponds.

The comments in my earlier letter regarding erosion and soil testing should be observed during development at preliminary plat stage.

CGS recommendation of approval of the preliminary/final plat is contingent on how the drainage issues discussed above are addressed. Please call me if there are any questions.

WOODMOOR WATER AND SANITATION DISTRICT

The above property is within the Woodmoor Water and Sanitation District boundaries. The District is, therefore committed to serving the property with water and sewer main line Service. The District allows the use of 1/4 acre-foot of water per acre of land. This policy provides for a theoretical Denver Basin Aquifer life of 358 years. This exceeding tile El Paso County requirement of 300 years. If the subdivision requires more water than the allowed amount, the developer can apply to purchase an additional water allocation from the District. The developer has a contract With the District, which will supply the extra water required by the proposed platting.

The property is subject to all District Policies, Rules and Regulations, the Inclusion Agreement, and the Excess Water Contract. A developer is required to provide and to pay for any Off-Site or on-site improvements to the infrastructure of the District deemed necessary by the District's engineer to serve the property adequately.

Other agencies notified, their comments will be provided at the meeting if available:
Tri-Lakes Fire Department
Regional Building Department
NEPCO
Woodmoor Improvement Association

PLANNING DEPARTMENT COMMENTS:

1) This proposal is consistent with the previously approved PUD development plan. Initially, only the roads and the single family lots were in the submittal for this request. After initial review and discussion with the applicant, all of the drainage, open space and large lots east of Misty Acres Boulevard were added to the plat. The current plat is for all of Misty Acres Boulevard and all of the proposed Misty Acres project that is east of Misty Acres Boulevard. The proposal includes all of the open space and trail areas that are adjacent to the ½ acre single family lots, so that these amenities will be in place for the single family residents.

2) The Preliminary Plan does not really have significant elements that are related to the I-25 Corridor Visual Overlay. The Plan does follow the approvals and placements of the PUD plan regarding roads and lots and the trails and the open space areas have been platted and/or delineated in the Preliminary Plan. When the larger lots are developed, the parking and landscaping concerns will be addressed, either in replats, or in plot plans.

3) The Colorado State Department of Transportation owns an odd shaped parcel off of the southwest corner of this plan. This parcel is to provide the southern right-of-way for Misty Acres Boulevard to connect to Monument Hill Road. The curve waiver request is for a short, 175 foot section of Misty Acres Boulevard near Monument Hill Road. It appears that the radius is necessary in order to have a 90 degree connection between Misty Acres Boulevard and Monument Hill Road and still stay within the right-of-way that is to be provided by the State parcel. It appears that safety concerns about the curve radius are minimized due to the radius being at a location (an intersection) where speed will be naturally low. Staff recommends approval of this waiver.

The need for a platting exemption comes about due to the property not all being in the Preliminary Plan and the left-over acreage being less than 35 acres. The initial proposal was to plat only the single family lots and residential roads. This would have left slightly more than 35 contiguous acres unplatted on the west and northwest. At the County's request, all of Misty Acres Boulevard was platted, cutting off the approximately 30 acres to the west. This situation has limited impact, as the 30 acres is controlled by a PUD plan. Due to internal policies, staff can not recommend approval of exemptions for areas of less than 35 acres.

ENCLOSURES
Location Map
Letter of Intent
Letter Regarding Amended Submittal
Plat
Applicant's Natural Features Report

Prepared by
Barry Holmes
10/5/01

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