Subdivision reverts to agriculture
By Annette Brand
Published Thursday, February 1, 2018 9:40 am
County Commissioners Doug Atchley, Mark Roeber and Don Suppes vacated Phase II of Mira La Vista Subdivision at their Jan. 16 meeting.
Mira La Vista Subdivision was reviewed by Delta County Planning Department from 2006-2009. Phase I of the subdivision was approved and recorded in 2009. Phase II was approved through the preliminary plat phase but was not fully built out following the housing crisis and dropoff in new construction.
Phase II borders on L J Road at the southern edge of Delta County, and is adjacent to Phase I, which carries restrictive covenants.
Caleb Jones and Tori Christman, owners of the Phase II property, have applied to the BOCC to vacate that portion of the subdivision. They plan to farm the land.
Neighbors from Mira La Vista Phase I appeared at the time Jones and Christman met with the commissioners on Dec. 18, 2017, requesting vacation of Phase II of Mira La Vista. Neighbors expressed concerns about covenants on Phase I being applicable to Phase II, the interruption of irrigation water, maintenance of a road, and more intensive uses on Phase II than are permitted on Phase I.
Between the two BOCC meetings, Elyse Casselberry, the county's community and economic development director, and other staff met with Jones and Christman, owners of Phase II, and neighbors in Mira La Vista Phase I to discuss issues and concerns.
Most of the concerns of the neighbors do not fall under the county's authority to enforce, but are a matter of good neighbor relationships.
Commissioner Suppes noted that irrigation matters are covered by Colorado State Statutes and the BOCC cannot enforce matters not under its purview.
Suppes added that matters between owner and buyer are civil matters. He said, "I understand the current homeowners' concerns and the new owners are trying to make things right for their neighbors."
Commissioners passed a resolution vacating the future Phase ll of Mira La Vista Subdivision, with the following conditions: utility location be completed before farming activities are commenced; a hammerhead turnaround or cul-de-sac be constructed on Chantelle Lane where it ends to the west; new owner will be allowed an access permit for farm use only onto the L J road right-of-way that borders the southern portion of the parcel; no access for farm equipment or heavy vehicles of any kind will be allowed from Chantelle Lane.
The resolution also contains two recommendations: an easement for future secondary emergency access, and an agreement between neighbors and owners on irrigation system and access.
The new owners have committed to ensuring that the neighbors have access to the irrigation valves.
Jones and Christman, at the time of purchase of the property, entered into restrictive covenants that limit their ability to use the property for junk yards, auto salvage, commercial pig farms, chicken farms, egg-laying operations, or feed lots. These covenants are enforceable by the Hilltop Homeowners Association.
Under current county policy none of these uses would be allowed without some type of county review, which would include notification of neighbors.
The commissioners also granted a waiver for True Grit Subdivision.
The sketch plan for True Grit Subdivision was approved on Sept. 11, 2006, when the former owner created a three-lot minor subdivision.
The 20.310-acre parcel was purchased, then transferred in ownership, and is now owned by Christine Yaley and Scott Elkin.
The county has implemented a new density standard since the sketch plan was approved on Sept. 11, 2006. Yaley and Elkin requested a waiver complying with the former approved density standard for three lots as approved in the sketch plan by the then-seated BOCC.
Upon recommendation by planning staff, the commissioners approved the three lots and reinstated the subdivision for final plat.