SB2013-045 Pinery Filing 30-A - Meeting Portal

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B. Process
On November 14, 2007, the Douglas County Board of County Commissioners approved
a sketch plan for a total of 68 single-family residential lots on 84.67 acres for Filing 30.
An extension of the sketch plan approval for Pinery Sketch Plan No. 30 was approved by
the Board of County Commissioners on October 26, 2010, extending the sketch plan
approval to November 14, 2013. This application includes 25 of the approved 68 lots,
with 43 lots on 54.8 acres remaining to be platted within Filing 30.
Following sketch plan approval, the next step in the subdivision process is the combined
preliminary and final plat application which is processed pursuant to Article 5A of the
Subdivision Resolution. Article 5A states the intent of the process is “to provide a
combined review process for the proposed subdivision of residential and non-residential
lots where a sketch plan has been approved and is still valid, unless otherwise directed
by the Board of County Commissioners at the time of sketch plan approval. The
combined preliminary and final plat process is designed to accomplish the intent of both
the preliminary plan and final plat as stated in Article 4, Section 401, and Article 5,
Section 501, of this Resolution. For purposes of recordation and vesting, the combined
preliminary and final plat shall serve as a final plat.”
Per Section 504A.09, “The Board of County Commissioners shall evaluate the
application, staff report, referral and public comments, and Planning Commission
recommendations and shall either approve, approve with conditions, table for further
study, or deny the combined preliminary and final plat. The Board of County
Commissioner’s decision shall be based on the evidence presented, compliance with the
adopted standards, regulations, policies, and other guidelines.”
C. Location
The Pinery is located in the northeast portion of Douglas County, east of State Highway
83, south of Hilltop Road, and north of Bayou Gulch Road. This site is located in the
eastern portion of the Pinery PD (“The Timbers”), at the northeast corner of North Pinery
Parkway and Democrat Road.
The maps on the following page show the general vicinity and zoning of the subject
property. The aerial map shows the immediate vicinity of the property.
Pinery Filing 30-A
Project File SB2013-045, Combined Preliminary and Final Plat
Board of County Commissioners Staff Report - Page 2 of 140
N
N
Pinery Filing 30-A
D. Project Description
Pinery Filing 30 consists of 68 single family residential lots within an overall 84.67-acre
development site. This portion of Filing 30, known as Pinery Filing 30-A, consists of 25
single family residential lots within a 29.87-acre area. The remaining 54.8 acres will be
platted in a future phase.
This combined preliminary and final plat contains 13.19 acres of open space, drainage,
maintenance, utilities, and pedestrian public access within Tracts A, B, C, D, E, and F.
The tracts will be owned and maintained by the High Prairie Farms Metro District. A
detention pond and regional trail extension will be located on Tract F. Majestic Oak
Drive will be a public road and dedicated for ownership and maintenance to Douglas
County.
Zoning
Gross Site Acreage
Residential Lots
ROW
Open Space, Pedestrian
Public Access, Drainage
and Maintenance Tracts
Gross Density
Net Density
Lot Size Range
Project Details
th
Portion of Planning Area 70 as designated in the 5 Amendment,
Pinery Planned Development
29.87 acres
25 single-family residential lots
3.10 acres
A, B, C, D, E, and F (13.19 acres)
0.84 dwelling units per acre
2.39 dwelling units per acre
0.501 - 0.692 acres
III. CONTEXT
A. Background
Pinery Sketch Plan 30 was included in the “Conceptual Lotting Plan” of the Pinery
Planned Development 5th Amendment approved in October 1995. This area has come
to be referred to as “The Timbers” for marketing purposes. Sketch Plans 30, 31, and 32
were reviewed and processed concurrently because of the planned interconnections
between the filings, including roads, utilities, and drainage. The Planning Commission
voted to recommend approval of the sketch plans on October 22, 2007. The Board of
County Commissioners approved the sketch plans on November 14, 2007. Per the
Subdivision Resolution, sketch plans are valid for a period of one year, after which a
preliminary plan application must be submitted for all or a portion of the sketch plan
area. Extension of the sketch plan approvals was granted twice administratively and by
the Board of County Commissioners until November 14, 2013 at a public meeting held
on October 26, 2010.
B. Adjacent Land Uses and Zoning
The parcel is bounded directly to the west by N. Pinery Parkway and Pinery Filing 27
platted for single family residential lying west across N. Pinery Parkway. The adjacent
property to the north and to the east is the remaining portion of Sketch Plan 30 that is
currently vacant and not yet platted. Part of a large lot residential parcel is adjacent to
the southeast, with Democrat Road and Pinery Filing 26-A single family residential
adjacent immediately to the south.
Pinery Filing 30-A
NORTH
SOUTH
ZONING
Pinery PD Residential
SOUTHEAST A-1
EAST
WEST
LAND USE
Vacant unplatted (balance of Sketch Plan 30)
Democrat Road
Single Family Residential (Pinery Filing 26-A)
Large Lot Residential (A-1 parcel)
Vacant unplatted (Sketch Plan 30)
North Pinery Parkway
Single Family Residential (Pinery Filing 27)
C. Major Issues
There are no outstanding issues.
IV. PHYSICAL SITE CHARACTERISTICS
A. Site Characteristics and Constraints
The site is characterized by rolling terrain with a mix of scrub oak, ponderosa pine and
native grasses. There are no major constraints to development identified as part of the
geotechnical report. Significant ponderosa pines will be preserved through street and
building envelope placement. Nearly half of the site is preserved in formal open space
tracts. Open space buffers the west side of the one adjacent A-1 parcel, and is
otherwise sited to preserve significant topography and trees.
B. Access
Access is taken from Majestic Oak Drive, a local road that will connect to North Pinery
Parkway and extend east into the roadway system approved with Pinery Sketch Plan 29.
Two cul-de-sacs extend north off of Majestic Oak Drive to provide lot access for this
filing. The extension of Majestic Oak Drive to the east is not yet built. This roadway
continuation will be constructed as part of adjacent future plats.
C. Soils and Geology
The Colorado Geological Survey reviewed the combined preliminary and final plat.
Consistent with their review at sketch plan, they noted certain variable soils that warrant
soils testing and engineered foundation design for individual lots. These steps are
routinely required at the building permit phase of development.
D. Drainage and Erosion
A Phase III Drainage study was reviewed and accepted by Engineering Services. A
regional detention pond will be built within Tract F that will capture drainage. The High
Prairie Farms Metro District will accept all drainage improvements for ownership and
maintenance with the final plat. The County will accept a blanket access and backup
maintenance easement for these facilities. As required by a condition of approval on the
sketch plan, a design for the detention pond has been provided to demonstrate the
overall appearance of the pond to ensure that its appearance is compatible with the
surrounding residential land uses.
Construction best management practices and post-construction best management
practices will be provided in accordance with Control Regulation No. 72 per Cherry
Creek Basin Authority’s regulations.
Pinery Filing 30-A
E. Floodplain
There is no mapped FEMA floodplain on the site.
F. Wildlife
The Colorado Division of Wildlife did not respond to our request for referral comment.
They have provided previous comments for the area known as “The Timbers.” A
condition of approval will require that Colorado Division of Wildlife literature be made
available to both prospective homeowners and home buyers concerning the possible
presence of large wildlife throughout the Pinery and shall be available at all times
through the homeowners’ association.
G. Wildfire Mitigation
As a condition of approval for the Sketch Plan, an approved Forest Management Plan is
required prior to consideration by the Planning Commission. A Wildfire Mitigation Plan
has been prepared and submitted to Douglas County. It has been determined that the
plan will fulfill the minimum plan requirements.
H. Tree Preservation Plan
A Tree Preservation Plan (TPP) has been provided in accordance with the requirements
of the Pinery PD 5th Amendment. The TPP provides for inventory and preservation of
trees and vegetation that may be impacted by development or housing construction. As
a condition of approval at sketch plan, the TPP shall be financially secured through the
Subdivision Improvements Agreement (SIA).
As a result of the Wildfire Mitigation Plan, a note has been added to the TPP that states
that any trees designated to be saved on the plan that are removed as a requirement of
the Wildfire Mitigation Plan, are not subject to a penalty assessment.
As a condition of approval on the sketch plan, a weed management plan was required to
be submitted. As part of the current request, the applicant has submitted a plan which
has been accepted by County staff.
I.
Traffic Impact Analysis
A traffic study, prepared by LSC Transportation Consultants, Inc. was submitted and
reviewed with the Sketch Plan in 2007. That study concluded that the traffic impacts of
the proposed development can be accommodated by the adjacent roadway network.
LSC Transportation Consultants, Inc. has reviewed this combined preliminary and final
plat and has determined that this proposal will not increase the total lots approved with
the sketch plan; therefore no additional traffic studies should be necessary. Public
Works Engineering concurs with this assessment.
V. PROVISION OF SERVICES
A. Schools
School land dedication has been satisfied through the terms of the Pinery 5th
Amendment Development Guide.
The Douglas County School District (DCSD)
evaluated the access plan alternatives at sketch plan and commented at that time that
they were in support of the full street connection provided by Filings 30, 31, and 32 as
such connections provide a desired connectivity between neighborhoods for school bus
routes, as well as safer alternatives for bus stop locations. A response of no objection
was received from the DCSD during the referral period for the combined preliminary and
final plat.
Pinery Filing 30-A
B. Fire Protection
Fire protection is provided by South Metro Fire Rescue Authority. A fire hydrant has
been added at the entry of North Pinery Parkway and Majestic Oak Drive that resolves
the comment received from South Metro Fire Rescue Authority that a hydrant be
installed.
C. Sheriff Services
The Douglas County Sheriff’s Office (DCSO) will provide police protection to the site. A
response of no comment was received from DCSO during the referral period.
D. Water
The Pinery Water and Wastewater District (PWWD), also known as the Denver
Southeast Suburban Water and Sanitation District, provided correspondence
acknowledging water availability and its willingness and ability to serve the proposed
subdivision. The land where the proposed subdivision is located is within its service
area and was included within the District boundaries when the District was formed on
July 12, 1965. The District indicated that its projected water requirements for the
subdivision total 13.1 acre feet per year, or 0.52 acre feet per year per lot.
Lytle Water Solutions, the County’s water consultant, reviewed the application and
states that there is sufficient water available for this filing.
The State Engineer’s Office has also reviewed the application and determined that the
water supply is adequate and can be legally provided without causing injury to decreed
water rights. The amount of water is adequate to annually serve the subdivision, and
water is physically available based on current aquifer conditions.
The State Engineer’s Office’s September 19, 2013 letter is found on the next two pages:
(Staff report continues on Page9)
Pinery Filing 30-A
Pinery Filing 30-A
E. Sanitation
The PWWD will provide sanitation services to this filing. The District has confirmed its
willingness and ability to serve the proposed subdivision. Tri-County Health Department
reviewed the application and provided a favorable recommendation regarding the
proposed method of sewage disposal.
F. Utilities
Utility service providers are IREA (electric), CenturyLink (telephone), Black Hills Energy
(natural gas), AT&T (long distance), and Comcast (cable). AT&T, CenturyLink, and
Comcast all responded with “no comment” to the referral request. There was no
response from Black Hills Energy In response to the comments received from IREA; 10foot wide utility easements have been added to the front of all lots, along the north and
west property lines, and parallel with Majestic Oak Drive on the south.
G. Dedications
Roads will be public and dedicated to Douglas County for ownership and maintenance
on the recorded final plat. The tracts (Tracts A through F) are for open space,
pedestrian public access, drainage, and maintenance and shall be owned and
maintained by the High Prairie Farms Metro District. Drainage easements are granted to
Douglas County across Tracts C, E, and F for the purpose of accessing, and repairing
stormwater management and water quality facilities. Utility easements will also be
accepted by Douglas County on behalf of the utility providers.
Pinery Filing 30-A
H. Parks, Trails, and Open Space
The site contains six tracts for a total of 17.34 acres that are designated for open space,
pedestrian public access, drainage, and maintenance. The largest tract, Tract F, is
11.42 acres and creates a buffer along the southern boundary of Filing 30-A. Most
significantly, this filing will extend the regional open space corridor and trail (Bayou
Gulch) through the eastern portion of the Pinery. The regional trail is secured through
the SIA. The other smaller tracts allow for pedestrian connections to other open space
areas within the Pinery. The final pocket park as required by the Pinery Planned
Development 5th Amendment will be provided with the next plat within Filing 30.
VI. PUBLIC NOTICE AND INPUT
Public notice of the combined preliminary and final plat meeting will be posted on the
property in accordance with Section 508A of the Douglas County Subdivision Resolution. In
addition, staff placed a courtesy notice of the Planning Commission and Board of County
Commissioners’ public meetings on the County website, in accordance with Section
508A.04 of the Douglas County Subdivision Resolution. Adjacent landowners were also
mailed courtesy notices at the beginning of the referral period. An email was received from
the owners living at 5655 Majestic Oak Way. They expressed their concerns with lot size of
this new filing and the water demands. A copy of the email is attached to this staff report.
Referral packets were sent to the Pinery Homeowners Association, Timbers Homeowners
Association and the Misty Pines Homeowners Association. The Pinery Homeowners
Association responded that they do not have any concerns with the proposed changes to
Filing 30 and that the realignment and relocation of units from other areas of Filing 30 is well
within the terms of their agreement with the developers of the Timbers. No response was
received from the Timbers Homeowners Association. Misty Pines Homeowners Association
responded that they do not object to the current application. However, they regard the
previous traffic plan that is being used for this request to be outdated and inadequate for the
purposes of this and future build-out requests by the applicant. A meeting was held with the
President of the Misty Pines Homeowners Association, Planning, and Public Works
Engineering staff to discuss the concerns. Updated traffic counts were provided to them at
that meeting.
VII. PLANNING COMMISSION MEETING
At the Planning Commission public meeting on November 18, 2013 the applicant’s
representative presented the request. The Planning Commission asked staff various
questions about soil tests, a comment from the State Engineer’s Office encouraging
renewable water resources, and a letter from a resident regarding covenant rules and lot
sizes. Staff explained that soil tests would be required when applying for a building permit,
and that the proposed density is in conformance with the planning area as lot sizes exceed
the minimum 15,000 square feet. The Planning Commission asked the applicant about
traffic, the tree preservation plan, and plans for future parks in the area. The applicant
explained that several traffic studies have been conducted since 2002 and recent reports
are supportive that the previous studies are applicable. The applicant explained the intent
of the tree preservation plan and plans for a future pocket park in the next stage of this filing.
No members of the public spoke during the public portion of the meeting.
The Commission recommended approval of the application, subject to the proposed
conditions, by a vote of 8 to 0. The condition that the Subdivision Improvements Agreement
Pinery Filing 30-A
(SIA) be fully executed and approved prior to consideration of the combined preliminary and
final plat by the Board of County Commissioners has been met.
VIII. STAFF ANALYSIS
Per Article 503A of the Subdivision Resolution, a combined preliminary and final plat
application may be approved if the following standards are met:
503A.01: The combined preliminary and final plat is consistent with the goals,
objectives, and policies of the Douglas County Comprehensive Master Plan.
Staff Comment: The proposed subdivision is located within the Pinery Separated Urban
Area (SUA) as identified in Section 2 of the Comprehensive Master Plan. Urban Land Use
Objective 2-1A encourages that urban development is directed to designated SUAs. The
plan preserves important site characteristics including existing vegetation, minimizes site
grading, and preserves the established character of the neighborhood.
The property is identified within Map 10.1 of the Comprehensive Master Plan as have low
habitat value. The presence of large wildlife throughout the Pinery such as deer, is possible
and as a condition of approval of the sketch plan, Colorado Division of Wildlife literature will
be made available to both prospective homeowners and homebuyers and shall be available
at all times.
503A.02: The combined preliminary and final plat is in conformance with the design
elements established in Article 3, Section 304 of this Resolution.
Staff Comment: 304.01 – The lots all exceed the 15,000 square feet minimum permitted lot
size; the lot sizes and shapes will allow compliance with required setbacks for proposed
residences. 304.02 – Geologic hazards and soil conditions have been determined
acceptable. 304.03 - Proposed lots provide protection from noise, wind and traffic. 304.04 Street, drainage designs and flood control have been preliminarily reviewed and accepted
by Douglas County Engineering. 304.05 - Natural terrain and vegetation are preserved to a
significant extent. 304.06 - Multi-frontage lots are not proposed. 304.07 - Storm water and
flood control have been coordinated with regional systems. 304.08 – Vehicular, pedestrian,
and bicycle access is provided to abutting neighborhoods, recreation, retail, and
employment areas. 304.09 - Physical and visual barriers have been minimized. Visual
buffering has been addressed and pedestrian access connections provided.
503A.03: The subdivider has provided evidence that provision has been made for a
water supply that is sufficient in terms of quantity, quality and dependability for the
type of subdivision proposed, as determined in accordance with the standards set
forth in the Water Supply-Overlay District section of the Douglas County Zoning
Resolution.
Staff Comment: Central water will be provided by the PWWD. The State Engineer’s Office
has reviewed the will-serve letter from the District and has found that the water supply is
adequate.
503A.04: The subdivider has provided evidence that provision has been made for a
public sewage disposal system, and, if other methods of sewage disposal are
proposed, adequate evidence that such system shall comply with State and local
laws and regulations.
Staff Comment: The proposed subdivision will be served by the PWWD.
Pinery Filing 30-A
503A.05: The subdivider has provided evidence to show that all areas of the proposed
subdivision which may involve soil or topographical conditions presenting hazards
or requiring special precautions have been identified by the subdivider and that the
proposed uses of these areas are compatible with such conditions.
Staff Comment: The Colorado Geological Survey found that the site was suitable for the
development proposed, but noted that highly variable soils were present throughout the site.
Each lot will be investigated by a qualified soils and foundation engineer in conjunction with
the foundation excavation due to the potential for subsurface drainage problems at the time
of building permit.
503A.06: The subdivider has adequate drainage improvements.
Staff Comment: The applicant has submitted a Phase III Drainage study to Douglas County
Public Works Engineering and is working with County Engineering staff to comply with all
necessary construction plans for the required drainage facilities.
503A.07: Significant cultural, archaeological, natural, and historic resources, and
unique landforms have been protected.
Staff Comment: There is no evidence of significant cultural, archaeological, natural and
historical resources and unique landforms to protect. Grading within the site will be
minimized and significant ponderosa pine preserved through the Tree Preservation Plan.
503A.08: Services, including fire and police protection, recreation facilities, utility
service facilities, streets, and open space, are available to serve the proposed
subdivision.
Staff Comment: All such services are available to the proposed subdivision. Roads will be
public and maintained by Douglas County. Other services will be provided through South
Metro Fire Rescue Authority, Douglas County Sheriff, PWWD, Douglas County School
District, High Prairie Farms Metropolitan District, Xcel, IREA, CenturyLink and Comcast.
IX. STAFF ASSESSMENT
Staff has evaluated the combined preliminary and final plat request, referral agency
comments, applicant responses, public input, approval standards, and all other information
included within this staff report. In staff’s assessment, the application complies with the
approval standards subject to the following conditions:
1. Prior to recordation of the final plat, the developer, their successors or assigns shall pay
$200 per platted lot to Douglas County in accordance with Commitment #9 of the Pinery
PD, to be used at the discretion of Douglas County to mitigate for local and regional
impacts of the Pinery PD plan.
2. Colorado Division of Wildlife literature shall be made available to both prospective
homeowners and homebuyers concerning the possible presence of large wildlife
throughout the Pinery and shall be available at all times.
3. Prior to recordation of the final plat, all technical corrections shall be made to the
satisfaction of Douglas County.
4. All commitments and promises made by the applicant or the applicant’s representative
during the public meeting and/or agreed to in writing and included in the public record
have been relied upon by the Board of County Commissioners in approving the
Pinery Filing 30-A
application; therefore, such approval is conditioned upon the applicant’s full satisfaction
of all such commitments and promises.
Attachments
Page
Douglas County Land Use Application ......................................................................................14
Project Narrative .......................................................................................................................15
Referral Agency Summary Report.............................................................................................16
Referral Response Letters ........................................................................................................24
Letter from abutting landowner ..................................................................................................64
Applicant Response Letters to Referrals ...................................................................................65
Pinery Water and Wastewater District Willingness to Serve Letter ............................................ 79
Wildfire Mitigation Plan..............................................................................................................92
Weed Management Plan...........................................................................................................99
Tree Preservation Plan ...........................................................................................................100
Detention Pond Design ...........................................................................................................101
Traffic Impact Analysis ............................................................................................................102
Final Approved Sketch Plan ....................................................................................................124
Planning Commission Minutes ................................................................................................131
Final Plat Exhibit .....................................................................................................................136
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SB2013-045 Pinery Filing 30-A - Meeting Portal

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