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El Paso County Planning Commission Package for the October 2000 Meeting

PUD-00-016
11.02
SERENITY RANCH LLC
REZONING: RR-3 TO PUD
MISTY ACRES RANCH

A request by Serenity Ranch LLC for approval of a rezoning for Misty Acres Ranch from RR-3 (Rural Residential) District to PUD (Planned Unit Development) District, for 124.9 acres, more or less. The property is proposed for single family, multifamily and commercial/office uses. 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 # 71022-00-006, -007

APPLICABLE RESOLUTIONS
Approval Page 51
Disapproval Page 52

PLANNING DEPARTMENT RECOMMENDATION: Section 24-67-105. Standards and conditions for Planned Unit Development of the Colorado Revised Statutes states, "No planned unit development may be approved by a county or municipality without the written consent of the landowner whose properties are included within the planning unit development." The Planning Department recommends approval of the PUD Development plan and Development Regulations, if the landowner/ applicant is in agreement with the proposed conditions, or offers modifications acceptable to staff, subject to the following conditions and notations:

CONDITIONS
1. General Note #4, sheet 2, shall be revised to read as follows: "The Colorado .O.T. owned tract shown as access to the southern end of this development shall be deeded to El Paso County for ownership and maintenance upon completion of the subdivision improvements."

2. An application for an access permit from CDOT, for access to Monument Hill Road, must be made prior to submittal for a Preliminary Plan, and access permit approval must be obtained prior to Planning Commission approval of a Preliminary Plan.

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.

NOTATION
1. Rezoning requests not forwarded to the Board of County Commissioners within 180 days of Planning Commission action shall be deemed withdrawn and shall have to be resubmitted in their entirety.

PUBLIC NOTICE: The property was posted on April 3, 2001.

PUBLIC NOTIFICATION: The Planning Department notified adjoining property owners of applicant's intent on March 29, 2001. A summary of their responses will be given at the meeting.

ADJOINING LAND USE AND ZONING

HISTORY/ BACKGROUND: The property appears to have been initially zoned A-3, which was changed by code amendments to A-4, which in turn was changed to the current RR-3 District by amendments to the zoning regulations. The property has not been platted. A Sketch Plan was approved by the Board of County Commissioners 12/14/00.

Misty Acres Sketch Plan Approval Conditions

1. Any rezoning of this property shall be to the PUD (Planned Unit Development) District. Among other things, the PUD (Planned Unit Development) District application shall address compliance with the Goals, Policies and Objectives of the 2000 Tri-Lakes Comprehensive Plan, including the I-25 Visual Overlay.

[This current request is the PUD rezoning request. Comprehensive Planning comments are included.]

2. A new traffic study will be required with any zoning, including an analysis of methods to assure the safety of the intersection of Monument Hill Road and the unnamed major collector through this property.

[New traffic information was provided, indicating adequate sight distances for the intersection. Additional warning features, such as blinking caution lights, are not allowed by CDOT. The latest plan analyzed produced 4,440 new average weekday trips for full build-out, as opposed to the 5,500 trips projected for the Sketch Plan.]

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

[The applicant has indicated a willingness to do this. This will be required at final plat.]

4. The Sketch Plan is only adopting the general land use concept and general alignment of collector streets or larger. The density ranges adopted shall mean that consideration will be given to establishing a maximum density somewhere in that range for indicated portions of the site, depending on the ultimate provision of open space and the design of the higher density areas.

[This is more of a notation than a condition. The PUD regulations have established firm minimum lot sizes and maximum densities. In most cases, the densities are lower than on the Sketch Plan.]

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 wetlands and potential Preble's Jumping Mouse habitat.

PROJECT DESCRIPTION: The proposal is to rezone 124.4 acres from RR-3 to a mixed-use PUD District. The project is proposed to include single family, multi-family, commercial/ office, and open space areas. The property will essentially be bisected by a north-south collector street, Misty Acres Blvd., intended to serve both this area, and as continued north, commercial areas to the north.

Phasing: The project is proposed to have three phases. It will begin with the ½ acre single family lots in the east, plus the construction of Misty Acres Blvd. to connect to Monument Hill Road. Phase II will consist of the single family patio home areas (2 ½ du/acre) and the remainder of the project is in Phase III.

AGENCY COMMENTS

STATE ENGINEER'S OFFICE

We have received your February 6, 2001 submittal concerning the above referenced proposal to subdivide 124.9 acres into residential and commercial development containing 391 units. The estimated water requirements were given as 159.8 acre?feet per year. The proposed water supplier is Woodmoor Water & Sanitation District No. 1, and a copy of a January 31, 2001 letter from the District was included which states the District has approved the concept of supplying water to this subdivision. The letter does not commit the District to supplying water, nor does it identify the total amount of water that would be committed.

Information in our files indicates the District has available 5,678 acre?feet per year from its wells, based on a 100 year aquifer life. Information provided by the District in 1996 states it estimates that its ultimate water use would be 1,672 acre?feet annually, "with future inclusions". It is assumed that this 1,672 acre?feet figure was due to commitments for service entered into by the District at that time.

Based on the above, the District has sufficient water resources to supply this subdivision for a period of 100 years. Pursuant to the provision of C.R.S. 30?28?136(l)(h)(11) it is the opinion of this office that so long as the applicant provide to the county a commitment for service from the District identifying the amount of water to be supplied, the proposed water supply can be provided without injury to existing water rights.

At an annual demand of 1,832 acre?feet (adding the 1,672 are?feet value given by the District in 1996 to the 160 acre?feet demand for the Misty Acres Ranch), the District would have sufficient water resources to supply its commitments for a period of approximately 310 years. This period would be less if the District were committed to additional uses other than identified in this paragraph.

Water in the Denver Basin aquifers is allocated based on a 100 year aquifer life under the provisions of CRS 37?90?134(4)(b)(1). For planning purposes the county should be aware that the economic life of a water supply based on wells in a given Denver Basin aquifer may be less than the 100 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. If you have any questions, please contact Keith Vander Horst of this office.

THE COUNTY ATTORNEY'S OFFICE will provide a written water review for Misty Acres Ranch at the Preliminary Plan or Final Plat stage. Until then, this Office would recommend a finding of insufficiency as to water quantity and dependability.

WOODMOOR WATER AND SANITATION DISTRICT NO. 1

This is to confirm that the Woodmoor Water and Sanitation Board of Directors has approved, in concept, your request for the purchase of eighty (80) additional acre feet of water to serve Misty Acres Subdivision. The terms and conditions have been forwarded to our attorney, Tamara Gilida, for drafting of an agreement. Please contact me if you need any additional information

EL PASO COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT

Woodmoor Water and Sanitation District serve the property. There is a finding for sufficient water quality.

Earthmoving activity more than 1 acre will require a Construction Activity Permit from Air Quality Control, call 578-3137 for information.

EL PASO COUNTY DEPARTMENT OF TRANSPORTATION

March 9, 2001
1) The Department of Transportation has no objections to the revised rezoning of this proposed site.

March 23, 2001
1) The major Collector Street, now proposed to be named Misty Acres Boulevard needs to be constructed with phase 1. The previous plan was to construct the collector from the south Monument Hill access and build from the south to the north to minimize the traffic through the adjacent subdivisions.

2) General note 4 needs to be revised to state, "The Colorado D.O.T. owned tract shown as access to the southern end of this development shall be deeded to El Paso County for ownership and maintenance upon completion of the subdivision improvements."

3) The roadways will need to meet the horizontal and vertical alignments for the various roadway classifications.

4) The Monument Hill Alternative Corridor Study in the 2000 Tri?Lakes Comprehensive Plan should be used to coordinate a residential road to the south that connects with Base Camp Road. This road is not shown on the development plan.

[STAFF NOTE: The major collector has been included in Phase I. The note will be required. The residential road is discussed in the Planning Department Comments.]

COLORADO DEPARTMENT OF TRANSPORTATION

The Colorado Department of Transportation has reviewed the request to rezone Misty Acres Ranch from rural residential to planned unit development for approximately 124.9 acres. The proposed land use will be single?family, multi?family and commercial/office. Our comments are as follows:

o We have no comment on the rezoning issue.
o All previous comments still apply.

If you have any questions, please contact Valerie Watkins in Pueblo at (719) 546?5407.

Previous Comments:
The attached Traffic Impact and Access Analysis has been forwarded to Mr. Terry Shippy, Regional Traffic Engineer. Upon his review, I will forward his comments to you.

o The proposed access to Monument Hill Road will require that an application for access permit be submitted to the Department for review.

o Per the letter from Ken Rowberg dated May 2, 2000, it is understood that El Paso County wishes to make Misty Acres Road into the planned north?south collector road. CDOT will need a letter from the County stating its intentions to make Misty Acres Road into a county road and stating that the County will accept the maintenance of the road. The letter will need to also request that CDOT Quitclaim the property to the County.

o Drainage to the state highway right?of?way shall not exceed the undeveloped historic rate of flow. If the County has requested a drainage report from this development, CDOT wishes to review and comment on it.

[STAFF NOTE: A letter regarding the County's intention to make Misty Acres Blvd. a County road, and to accept maintenance of same, was sent to CDOT February 25, 2001.]

MAJOR THOROUGHFARE TASK FORCE - The collector road is to be built to County standards, there will also need to be coordination with the development to the north for the north connection, and subject to CDOT approval for the access permit onto Monument Hill Road.

EL PASO COUNTY SOIL CONSERVATION - The El Paso County SCD has reviewed the Drainage Plan for Misty Acres Ranch and we have no additional comments. The lot owners in this development should be encouraged to reseed any disturbed areas as soon as possible to prevent encroachment by diffused knapweed and Canada thistle.

NORTHERN EL PASO COUNTY COALITION OF COMMUNITY ASSOCIATIONS, INC.

Date: December 1
The NEPCO Land Use Committee has reviewed this proposal and submits the following comments on density and drainage.

We find this application is generally consistent with current density patterns in the Woodmoor ? sub?area #7 of the 2000 Tri?Lakes Comprehensive Plan. "The existing residential patterns should be preserved and reinforced. New residential development should be consistent with or larger than existing half acre lots. Higher densities should be considered only ... in areas designated as mixed use." The single family patio homes(2.5 DUAC, with a buffer) planned adjacent to Woodmoor Ridge, while not ideal, are an acceptable compromise.

As a reminder on the drainage issue, the Woodmoor Improvement Association, a member of NEPCO, has informed us that "drainage is a concern here: Historical flows in the southern half of the proposed Misty Acres development flow in part toward the southeast, into an area of Woodmoor where water penetration of house foundations has been a chronic problem." Therefore, when the time comes to submit a drainage plan, input from current residents of Woodmoor should be required.

To summarize, we recommend approval of the Rezoning as presented in the "PUD Concept for Rezone."

Thank you for the opportunity to comment on this proposal.

February 28, 2001
Thanks for your letter. The NEPCO Land Use Committee is happy to see that, based on the new Misty Acres Ranch site plan, the development will generate about 1060 fewer vehicle?trips on the average weekday.

We appreciate the superb job the El Paso County Planning Department is doing in working the Misty Acres Ranch rezoning request, and are happy to be helpful to your office in any way.

LEWIS PALMER SCHOOL DISTRICT # 38

At their regularly scheduled meeting on December 14, 2000, the Lewis?Palmer Board of Education voted to oppose the Misty Acres Ranch due to the tremendous impact it would have on school resources and facilities. In addition, to date, the developer of this subdivision has made no contact with the superintendent to discuss the effect this project will have on the school district.

Last week I received the revised rezoning request for this development and discussed it with the Board of Education. There is nothing in the revision that would alter the Board's opposition to this development.

[STAFF NOTE: A School District representative called on April 3, 2001, and stated that the applicant had contacted the District last year, but had not offered any additional assistance to the District for the additional students.]

TOWN OF MONUMENT

Thank you for the opportunity to comment on the proposed Misty Acres Ranch rezoning. The Town of Monument has the following concerns related to the proposed development.

1) This development will further overload the intersection of Woodmoor Drive at Highway State Highway 105 and should wait for the Colorado Department of Transportation's (CDOT's) reconstruction planned for completion in 2003.

2) This development may also overly burden Monument Hill Road. The 2000 Tri?Lakes Area Plan notes the following. "The sharp curves near County Line Road and steep grades as the road descends Monument Hill are not ideal traffic conditions for a collector road. There is a future possibility that the right?of?way for Monument Hill Road could be used if 1?25 were to be widened."

3) The patio homes do not appear to offer sufficient buffering with the adjoining existing lower density residential lots.

4) The proposed commercial portion of the development in the unincorporated area is contrary to policy 7.1.6 in the 2000 Tri?Lakes Area Plan. "Encourage higher intensity land uses such as new employment centers to locate within municipal boundaries where adequate services are available and in close proximity to housing for potential future employees."

If you have any questions regarding these comments, please feel free to call me at 481?2954.

TRI-LAKES CITIZEN ADVISORY COMMITTEE - Please see attached letter dated November 30, 2000.

COMPREHENSIVE PLANNING SECTION - Please see attached memorandum dated March 19, 2001.

MAJOR THOROUGHFARE TASK FORCE - Reviewed the item on February 23, 2001, without taking any action.

MOUNTAIN VIEW ELECTRIC ASSOCIATION - This area is within MVEA certificated service area. MVEA will serve this area according to our extension policy.

Other agencies notified, whose comments will be provided at the meeting if they are available, are:
Tri-Lakes Fire Department
El Paso County Parks
Woodmoor Improvement Association
Peoples Natural Gas

In addition to the Land Development Guidelines as outlined in Article II of these Regulations, the Planning commission and Board of County Commissioners shall consider the following in making their decision on an PUD District rezoning request:

In considering a rezoning to PUD (Planned Unit Development) District, the following criteria must be considered by the Planning Commission and Board of County Commissioners; which are contained within Section 16 N. of the Land Development Code :

1) That proper posting, publication, and public notice was provided as required by law for the hearings before the Planning Commission and the Board of County Commissioners of El Paso County.

Proper posting, publication, and public notice were provided as required by law for the hearings before the Planning Commission.

2) That the hearings before the Planning Commission and the Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and reviewed, and that all interested parties were heard at those hearings.

Completeness of hearings will occur as part of the specified process.

3) That the proposed land use will be compatible with existing and permitted land uses in the surrounding area, and will be in harmony and responsive with the character of the surrounding area.

The property is bordered on the west partially by Monument Hill Road, then Interstate 25. The southern portion of the western boundary is commercial, then a recreational vehicle park. The north and south areas are expected to develop mostly as commercial/ office. On the east is single-family with minimum one-half acre lots. The applicant has provided the same lot size over three-fourths of this boundary and has a slightly increased density along the southern one-fourth. This is a transition area and all uses will not be directly compatible. The Woodmoor homeowners group endorsed the Sketch Plan, with slightly higher intensity uses, and the regional master plan group (NEPCO) has no objections to the plan, while the Tri-Lakes Land Use Committee still has concerns.

4) That the proposed land use does not permit the use of any area containing a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor.

There is no indication that commercial-grade mineral deposits are located in this area.

5) That a need for the development is demonstrated.

This criterion has not been specifically addressed in the submittal materials. The submittal of a serious request appears to have been sometimes considered as a demonstration of adequate need. There has been a continual demand for lots for housing in this vicinity. There is very little existing higher density housing in this vicinity, while mixed employment opportunities are increasing. The Planning Commission will have to evaluate the applicant's presentation as to this criterion.

6) That existing and proposed public services and facilities are adequate for the proposed development, and that proposed public services and facilities will be timely provided.

Water and sanitation services will be provided by the Woodmoor Water and Sanitation District No. 1 Objections have been received from the Town of Monument about traffic and about the development not taking place in Monument, and from the School District. School fees will be paid.

7) That the existing and proposed internal/external transportation network is suitable and adequate to carry the anticipated traffic generated by the proposed development, and that the proposed transportation network improvements will be timely provided.

Reports from the agencies responsible for transportation development have made recommendations regarding future transportation improvements. These recommendations have been incorporated into the plan, or the recommended conditions of approval.

8) That the proposed development will not have a negative effect upon the existing and future development of the surrounding area.

The Commission will have to evaluate this based on the applicant's presentation. The proposal has generally lower densities than the approved Sketch Plan and is in general conformance with the Master Plan. There will be an impact on adjacent single-family, but staff does not believe this is in excess of what was contemplated by the Master Plan.

9) That the proposed PUD District zoning will achieve and advance the stated purposes set forth in this Section, and is in the best interest of the health, safety, morals, convenience, order, prosperity, and welfare of the citizens of El Paso County.

The PUD allows the applicant flexibility to design this development around the constraints of this property and to include residential and commercial uses. A finding of general conformity with the Master Plan, as required below, would satisfy this criterion.

As set forth in Section 24-67-104 (1) (f), C.R.S., a finding by the County that such PUD District rezoning request is in general conformity with the Master Plan or any amendment thereto is required.

Refer to Planning Department Comments for general conformity.

PLANNING DEPARTMENT COMMENTS

General Review and Comment:

Transportation and Streets:

A traffic impact and access analysis report was prepared for the project by LSC Transportation Consultants, Inc., updating the report prepared for the Misty Acres Sketch Plan. The updated report reiterated the results of the earlier report, that this development would not create traffic problems internally, or in the vicinity. DOT has not requested any off-site improvement contributions, other than those associated directly with the Misty Acres Blvd./Monument Hill Road intersection.

The project will access Monument Hill Road with a collector road from the beginning. There will be secondary access to the east onto Doewood Drive, however few trips are projected to take this route. Eventually, Misty Acres Blvd. is planned to be extended north to connect to County Line Road.

One concern that has been discussed since the Sketch Plan approval is a "Residential Road" shown in the Tri-Lakes Comprehensive Master Plan. This road is shown in a drawing (page 54) as a continuous road extending from Base Camp Road on the south, to a point about mid-way through the Misty Acres project. In working with the Misty Acres developers and the owners of the parcels to the south of Misty Acres, staff has decided to route this road into Misty Acres Blvd. at a point south of the Misty Acres boundary. The two locations are shown on the attached drawing, Residential Road Alignment. Staff believes the proposed alignment is consistent with the intent of the plan as stated on page 48, where it discusses this area and states, "...Actual roadway alignment and design will be determined when a subdivision and/or development plan is submitted to the Planning Department."

Facilities and Services:

Woodmoor Water and Sanitation District has indicated a willingness and ability to provide public water and sewer service for the development. Extra water must be obtained by the developer from the District and although this has been requested, a final contract has not been signed. Staff believes that there is a significant commitment from an established provider, and this is enough to meet the PUD consideration for water and wastewater. As is normal, no final plats can be approved without proven water service.

The applicant has stated to staff that they did discuss the project with the school district and that they will obtain additional comment from the district.

Land Use:

The proposed land uses have been found to be in general conformity with the Master Plan. The Plan shows this area as "Mixed Use or Non-Residential". Very low densities have been established along the eastern side of the project, adjacent to the ½ acre zoning in the existing residential area to the east. The land uses have transitioned from low density single family, through medium to high density residential, with, finally, a commercial/office use next to I-25. In response to staff and area residents' comments, the maximum possible number of units has been reduced from just over 740 at the initial sketch plan stage, to the current maximum of 407.

A Concept Plan has been provided to show an example of how development could occur under the proposed zoning. This plan is not to be adopted, but is illustrative of the general type of development in the different areas.

Open Space:

The Comprehensive Section has expressed considerable concern about the provision of open space in this project, although no suggested quantities or standards have been adopted or proposed. The standard landscape requirements have been made a condition of approval, but they do not add a lot of open space.

None of the County's standard zones that would be the alternate to PUD (R-3, or Planned Office Park) have an open space requirement. In response to the Comprehensive Section comments, Staff proposes that in addition to the areas now designated on the plan, that each use area in Phase II and Phase III preserve 10% of the area, preferably in treed or shrubbed areas.

ENCLOSURES
Vicinity Map
Letter of Intent
Reduced Development Plan
Reduced Concept Drawing
Development Guidelines
Impact Statement
Comprehensive Plan Section Review
Minor Road Alignment illustrations
Tri-Lakes Land Use Committee Letter

Prepared by
Barry Holmes
3/29/01

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