HomeMy WebLinkAbout6.0 Staff Report 10.1.84aa
L0/L/84
PROJECT INFORI{ATION AND STAFF COMII{ENTS
For a S.B. 35REQUEST:
APPLICANT:
LOCATION:
SITE DATA:
ACCESS:
SEWER:
9fATER:
ZONTNG:
ADJACENT ZONING:
Henry Dietz,
Exemptron Reguest
IV
Sec. 25, T5S, R91W; located NtINew Castle along the entrancethe Elk Creek Subdivision.
of
to
Division of approximately 9.2 acresinto 4 lots.
Off County Rd.existing private
Proposed
systems.
245 by way off an
access road.
indrvidual septic disposal
Town of New Cast,le
A/R/RD
North
South
East
West
R - MHlG/uD
A/R/RD
R - MH/c/vD
A/R/RD
I. RELATIONSHIP TO THE COIT{PREHENSIVE PLANThe site lies within
Tohrn of New Castle.
DistricL A, the Urban Areas of Influence for the
The following is taken from the Garfield County Comprehensive plan NaturalEnvironment Section (pg. 77-78) z
The following standards apply to those aspects of the naturarthat reguire specialized site-planning or design considerationCounty.
I Steep Slopes (25* and over) and !4oderateSlopes (I6t 24*)
A.Potential ProblemsI. Erosion.2. Sedimentation.3. Rapid runoff.4. Revegetation difficulty.5. Excessive cut and fill.6. Landslide potent,ial.7. Subsldence.8. Increased potential of hazardous areas suchas rockfall, mud flow or unstable slope.
environmentin Garfield
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B. Performance Standards
Slopes 251 and over shall be restricted fromdevelopment. These slopes may be:
d. l,[aintained as permanent open space.b. Platted as a portion of an approvedbuilding lot, with an open space ease-
ment.c. Platted as a portion of a building lotwhlch has adeguate usable building spaceavailable other than steep slopes.d. Platted as a portion of a subdivision anddedicated as permanent open space.€. Developed with special design considera-tions and engineering.
Areas of disturbance or clearing on slopes 25*greater shall be stabilized and revegetated todisturbance levels with appropriate, rapidlyestablished vegetation.
a.
b.
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Pre-
Native or apt plant materials shall be used.Method of stabllization used shall blend wit,hor enhance tne existing surrounding environment.Stabilization methods shal1 be completed beforeany lots or homes are sold unless otherwiseapproved by the County Cornmissioners.
On moderate slopes (I6t - 24*) only thosestructures that are designed to fit the contoursof the land shall be consrdered. Tne levelingr or"benching", of these slopes shall not be permitted.
Construction measures whlch may be
moderate slope hazards are:
used to mitigate
a. The disturbance of the natural veget,ation shallbe kept to a minimum during the construct,ion ofany development.b. Dust and wind erosion shall be kept to a minimumduring construction by the use of temporary soilstabilization measures.c. Erosion and runoff control measures whichdemonstrate the control of storm water andwater-born sorl during and after constructionshall be provided for aII development activities.
The grading of all new deveropment sharl be designed sothat cut and fill are kept to a minimum and can barancewithin the project site.
a.Cut and fill slopes shall not be steeper than 2zLefficient st,abilization methods are utilized.The proposed development shall be designed in amanner which demonstrates a ufit" with the existingtopography of the land.
b.
II. DESCRIPTION OF THE PROPOSALslte peseriplions Tne site sits to the north of county Rd. 245along both sides of an existing access road used by the eff CreekSubdivision. The site is mainly steep hiltsides and contains theCoryell Ditch and the City of New Castle Waterworks.
B. Project Description:The proposal is to divide the 9+4 lots of approximately Z, Z, 2, and 3 acres. Threelots wourd sit to the west of the existing accesswould sit to the east.
A.
acres int,oof the four
road andone
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proposal includes the following:
A 60 foot wlde public access and utility easement from theCounty Road *245 to Comanchero Trail. This easementencompasses New castlers water line located in the existingroad. This easement snal1 be shown on the final plat..
A 30 foot wide utility easement towater line as it leaves the Newexisting road, (southerly encl).
shown on the final plat and shall
New Castle.
A 30 foot, wide ingress anci egress easement from the existingroadtothegateandthewatertreatmentplantpropertythis easement covers the approxlmate existing access- that isbeing utilized at this time. This easement sharr be shownon the final plat and sha1l be deeded to the Town of NewCastle.
encompass the New CastleCastle property to theThis easement shall be
be deeded t,o the town of
Building envelopes for each lot snall be shown onA plat note shall indicate that no builcling shalloutside of the designated envelopes.
the
t,ake
ptat.
place
A 30 foot wide drainageThis will be denoted on
New Castle.
easement on the over flowthe plat and deeded to tne
ditch.
'Iown of
A r0 foot wide utility and maintenance easement of theeasterly boundary of the plant property (20 foot wide) atthe northeast corner where it wiII intersect Lhe Elk creekdeveropment boundary. This easement shall be shown on theplat and deeded to the Town of New Castle.
A 5 foot maintenanceNorth plant boundary.plat and deeded to the
easement along the Sout,h, West,This easement shall be shown on
Town of New Castle.
and
the
B.A 24 inch diameter c.m.p. will be instarled at the overflowditch when improvements occur to parcer 4 if ingress andegress for rot 4 is to be oy way of Navaho street. rhereshall be a plat note indicating this access improvementsharl be instarled at the time of deveropment of th; accessto lot 4.
9.A plat note shall indicate thatallowed on parcels I - 4.
no mobile homes shall De
Histoly: rn 19831 E L2 + acre parcer was divided by exemptioninto 2 tracts reaving this 9 acre parcer. At that time, theapplicant reguested to be aole to come in later for furtherreview to possibry get addltional exemptions on the 9 acretract. Thus Resolution # 93-I3B does not contain any restrictivewording regarding further ffi[Eions. (See page ,on 3/ L2/84 the Board of County commrssioneEef erred thisproposal to the planning commission for review. on l4ay g, r9g4,the Planning commission recommended denial of tne propoiar.on June 4, 1984, the applicant asked the Board to table thereguest untir additional information courd be obtained. onAugust 20, 1984, the Board of county commissioners tabled thereguest to allow the applicants and EIk Creek Homeowners r
Association time to revi.ew possible access solut,ions with regardsto safety and maintenance
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ITI.IIAJOR ISSUES AND CONCERNS
A. Review Agencies:
The Town of New castle noted in a retter to the apprlcant(see letter page_) that they would be happy to woik withthe appricant t,o provide water taps for the rots and thatthey $rere wrrling to negotiate a land exchange with regardsto the city's water worr(s area. rn another letter dated ltay4, 1984 (see page ) the applicant states that tne Town oiNew castre has r6isidered and nas determined that theirpresent property rines are more feasible for the town thanthe proposed land exchange boundaries. on Jury L6, rg84,the Pranning office received another letter from New castlecovering the negotiations that had taken place between NewCastle and the developer (see page_) .
The Elk creek subdivisron Homeowners Association sent aletter dated June 20, 1984, indicating concern regarding t,heproposal (see page _) . Since that time, llr. Goetz,President of the Homffinersr Association, has informed thePlanning office that the concerns expressed in the letterhave been discussed with the applicant and satisfied withthe exception of the road maintenance ano safety concerns.The Homeowners I Association reguests that there be acondition that the newly created rots partrcipat.e in themaintenance fees associated with the access roaa oft countyRoad 245. rn addition, the Homeowners Association hasconcerns regarding the safety of the proposed access drivesto each parcel.
B. Staff Comments:
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There is a smal1 portlon of proposed lot #4 (.03has been encroached upon by 1ot #7 in Block
Creet< Subdivision. The appticant wishes to giveparcel to the ohrners of the lot in theSubdivision. The Board of County Commissionersgiven conditional approval for a boundary linefor this situation.
acres) that4 of the EIkthis smallEIk Creekhas already
adj ustment
2 The soirs report from the soil conservation serviceindicated that arr soil types found on this site have severerimitat,ions with regards to deveropment due to steep slopes,rock exposures and shallow soirs. An aaditionil soitsreport done for the New castre water Treatment prantfacirity h,as provided and reviewed by the count,y buirdingstaff. The county Building official recommends that soitiLests be done for each rot to determine if engineeredfoundations will be necessary.
The applicants submitted a site evaruation done by aregistered engineer. The county Environmental Health ofitcehas noted that it may be necessary for any septic systems onthe proposed lots to be designed by a registeredprofesslonar engineer, rn addition the forlowing commentswere made regarding the proposed septic:
- The evaluation specifies minimum allowable distances frompotable water wells and storage tanks. rf the request isapproved, every effort should be made to place any systemcomponent in excess of tne minimums to addit,ionally ensurethe New castre water treatment facirities. The report arso
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IV. SUGGESTED FINDING
The hearing before the Boardextensive and complete and thatissues $rere submitted.
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recommends the optimum safety precaution.
- Parcel Number 2's percolation rate and soil profile
observations indicate an unsuitable condition for a standard
"septic system". Tnis parcel would most likely reguire adesign by a registered professional engineer.- Parcel Number I may also reguire tne services of aregistered professional engineer due to ground slope
exceeding thirty percent.
- It should be kept in mind that the individual sewagedisposal systems on the properties may dictate the locationof the dwellings, should tne exemption receive approval.- If approved, the master plat should advise a purchaser ofthe possrbility of an individual sehrage disposal systemdesigned by a registered professional engineer.
The site review of the parcel indicated that areas of theparcel could be in excess of 25* slopes.
The proposed access for parcels I, 2, and 3 is currentlybeing used and maintained by the Etk Creek Subdivision
Homeowners I Association. This application proposes toprovide the Elk Creek Homeowners I with a 60 foot wide publicaccess and utllity easement. The road is currently not alegal access for the ElK Creek Homeowners I according to deedresearch done by the applicant.
The proposed access for parcel #4 is by way of Navaho Streetin the ElK Creek Subdivision. A slgned agreement with theElk Creek Homewoners I Association will be reguired if thisaccess is to be used. If an agreement is not aguired, thenthe developer must provide access to lot 4 by way of theaccess road to be used oy parcels 11 2 and 3,
The surrounding property includes the Elk Creek Subdivisionwhich has approximately L/4 acre lots.
Slnce the applicant had one exempted parcel created in 1983,the proposed number of addit,ional lot,s (4), if approved,would mean that the applicant has had a total of 5 lotscreated by exemption from one original parcel. Hovrever, oneof the lots created by exemption hras separated by County
Road 245.
It appears that sections of t.he exrsting and proposed access
exceed 8 degree grades but that it is within the 12 degreeIimitations for private roads in Garfield County. Tnis roadhas one large curve where access to proposed parcel #2 couldpose a safety problem if nor, designed properly.
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ofall County Commissionerspertinent facts, matters
hras
and
The proposed
land uses.
use is compatiable with the existing surrounding
If all conditions are met, then the proposal is in the bestinterest of the health, safety, welfare, prosperity, convenience
and order of the citizens of Garfield County.
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V. RECOIT.III{ENDATION :
APPROVAL, with the following minimum conditions:
1. That there be a plat recordecl in the Cleri< and Recorderrs office
includiqg the following:
a) A tegal description of each lot which includes the
appropriate access easements with regards to the existing
access road. It shall also include all ditch, powerline and
easements for the property as proposed by the apPlicant.
b) That a plat note be included st.ating that each lot may be
subject to engineered foundations and to septic systems
engineered by a Colorado registered professional engineer.
This plat note shall state that each lot shall be reguired
to submit a soils test with the ouilding permit application
to determine if engineered foundations and septic systems
will be requirecl.
c) A plat note shall state that no mobile homes shall be
allowed on the parcels created by this exemption.
d) Building envelopes shall be shown on the plat. In addit,ion,
a plat note shall state that no habitable structures shall
be allowed outsj.de of the designated building envelopes.
e) A plat, note shall indicate that a 24" C.M.P. culvert, shall
be installed across the drainage if access is developed to
parcel *4 by way of Navaho Street.
f) There shall be a signature block for the County Surveyor and
one for tne Chairman of Lhe Board of County Commissioners.
'(w 6rx'4/"n2. The applicant shall submit a signed copy .tf..a agreement with the
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Elk Creek Homeowners Association o
pr,or lt ,,4 nfffl ^'!,.The To$rn of New Castle and the Elk Creek Homeowners Association
shall be given an opportunity to comment on the final plat prlor
to final approval by the Board of County Commissioners.
ner AS iat n aIl be at f
rh L n.Th ner
S ib fo I n na e t acc ST
Six hundred dollars ($500.00) shall be paid t,o the Department of
Development for the School Impact Fee prior to final approval.
The applicant shall file with the Department of Development the
boundary line adjustment to take place between lot *7 of the Ell(
Creek Subdivision and lot #4 of this exemption.
A written ldgal description of all four parcels including aII
easements shall be suomitted to t,he Planning off ice prior t,o
final approval.
The appricant shall have 120 days from the dat,e of conditional
approval to meet aII conditions.
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