HomeMy WebLinkAbout5.0 BOCC Staff Report 08.20.1984o
Bocc 8/20/84
PROJECT INF.ORMATION AND STAFF COMII{ENTS
For a S.B. 35 Exempt,ion Request
Henry Dietz, IV
Sec. 25, T5S, R91W; located NWNew Castle along the ent,rancethe Elk Creek Subdivision.
Division of approximately 9.2 acresinto 4 lots.
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REQUEST:
APPLICANT:
LOCATION:
SITE DATA:
ACCESS:
SEhIER:
WATER:
ZONING:
ADJACENT ZONING:
of
to
Off County Rd.existing private
Proposed
systems.
245 by way off an
access road.
individual septic disposal
Town of New Castle
A/R/RD
Nor th
South
East
!{est
R - MH/G/VD
A/R/RD
R - MH/G/UD
A/R/RD
I RELATIONSHIP TO THE COMPREHENSIVE PLANThe sit e lies within District A, the urban Areas of rnfruence for theTown of New Castle.
The following is t,aken from the GarfieldEnvironment Section (pg. 77-7Bl t
County Comprehensive PIan Natural
The forrowing standards appry to those aspects of the naturalthat require specialized site-planning or design considerationCounty.
f. Ste Slo S 258 and over and Moderate
S s t
A.Potential Problems1. Erosion.2. Sedimentation.3. Rapid runoff.4. Revegetation difficulty.5. Excessive cut and fill.5. Landslide potential.
7. Subsidence.8. Increased potential of hazardous areas suchas rockfall, mud flow or unstable slope.
environmentin Garfield
B. Performance Standards
I Slopes 25* and over
development. These
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shalI be restricted from
slopes may be:
a
a.
b.
c.
d.
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3
4
5.
IT. DESCRIPTION OF THE PROPOSAL
A.S te Descr t on:
a ong ths es of anSubdivision. The siteCoryell Ditch and the C
ts. Pro ect Descri tion:
4 o SO approx mate
Ivlaintained as permanent open space.Platted as a portion of an approvedbuilding lot, with an open space ease-
ment.
Platted as a portion of a building lot
which has adequate usable building spaceavailable other than steep slopes.Platted as a port.ion of a subdivision anddedicated as permanent open space.
Developed with special design considera-tions and engineering.
2 Areas of disturbance or clearing on slopes 25tgreater shall be stabilized and revegetateo todisturbance levels with appropriate, rapidlyestablished vegetation.
or
pre-
a
b
c
Native or apt plant materials shall be used.
Method of stabilization used sha1l blend withor enhance the existing surrounding environment.Stabilization methods shall be completed before
any lots or hones are sold unless otherwise
approved by the County Comnissioners.
On moderate slopes (15t - 24*; only thosestruct,ures that are designed Lo fit the contoursof the land shall be considered. The levelingr or
"benching", of these slopes shall not be permitted.
Construction measures which may be used to mitigate
moderate slope hazards are:
a. The disturbance of the natural vegetation shallbe kept to a minimum during the construction 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 which
demonstrate the control of storm water andwater-born soil during and after constructionshall be provided for all development activities.
The grading of a1l new development shall be designed sothat cut and fifl are kept to a minimum and can balancewithin the project site.
€r. Cut and fill slopes shall not be steeper than 2:Lefficient, stabilization methods are utilized.b. The proposed development shall be designed in amanner which demonstrates a "fit" r.rith t,he existing
Lopography of the land.
e site sits to the north of County Rd. 245existing access road used by the Elk Creekis mainly steep hillsides and contains theity of New Castle Waterworks.
The proposal is to divide the 9+ acres intoIy 2, 2, 2, and 3 acres. Three of the fourlots would sit to the west of t,he existing access road andonewould sit. to the east.
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The proposal includes the following:
A 50 foot wide public access and utility easement from theCounty Road #245 to Comanchero Trail. This easement
encompasses New Castle I s water line located in the existingroad. This easement shall be shown on the final plat.
2
I.
3.
7.
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9.
A 30 foot wide utility easement towaLer line as it leaves the Newexisting road, (southerly end).
shown on the final plat and shall
New Castle.
encompass the New Cast1e
Cast,Ie property to theThis easement sha1l be
be deeded to the town of
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A 30 foot wide ingress and egress easement from the existingroad to the gate and the water treatment plant propertythis easement covers the approximate existing access that isbeing utilized at t,his time. This easement shall be shownon the final plat and shall be deeded to the Town of NewCastIe.
Building envelopes for each lot shall be shown on the p1at.
A plat note shall indicat.e that no building sha1l taxe placeoutside of the designated envelopes.
A 30 foot wide drainage easement on the over flow ditch.This will be denoted on the p1at.
A I0 foot wide utilit.y and maintenance easement of theeasterly boundary of the plant property (20 foot wide) atthe northeast corner where it will intersect the EIk Creekdevelopment boundary. This easement sha1I be shown on thep1at.
A 5 foot maintenance
North plant boundary.plat and deeded to the
A plat note shall
allowed on parcels
easement along the South, West,This easement shall be shown on
Town of New Castle.
and
the
A 24 inch diameter c.m.p. will be installed at the overflowditch when improvements occur to parcel 4 so that ingressand egress for lot 4 will be by way of Navaho Street. Thereshall be a plat note indicating this access improvementshall be installed at the time of development of the accessto lot 4.
indicate that no mobile homes shall be1 - 4.
History: rn 19837 E L2 + acre parcel was divided by exemptioninto 2 tracts leaving this 9 acre parcel. At that time, Lheapplicant requested to be able to come in later for furtherreview to possibly get additional exemptions on the 9 acretract. Thus Resolution # _q3-138 does not contain any restrict.ivewording regarding further ffiSEions. (See pag._iOn 3/L2/84 the Board of County Commissioners referred thisproposal to the Planning Commission for review. On May 9, 1984,the Planning Commission recommended denial of the proposal.On June 4, 1984, the applicant asked the Board to table therequest until additional information could be obtained.
III.II{AJOR ISSUES AND CONCERNS
A. Review Agencies:
The Town of New Castle noted(see letter page ) that theythe applicant to@vide waLerthey srere willing to negotiateto the city's water works area.
in a letter to the applicant
would be happy to work withtaps for the lots and thata land exchange with regardsIn another letter dated lvlay
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2.
B.Staff Comments:
1.
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4, 1984 (see page_) the applicant states that the Town ofNew Castle has reconsldered and has determined that theirpresent property lines are more feasible for the town thanthe proposed land exchange boundaries. On July L6, 1984,the Planning office received another letter from New Castlecovering the negotiations that had taken place between NewCastle and the developer (see page ).
The Elk Creek Subdivision Homeowners Association sent alet,ter dated June 20, 1984, indicating concern regarding theproposal (see page ). Since that time, Dtf,. Goetz,President of the Homffiners' 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 concerns. The
Homeowners' Association requests that there be a conditionthat the newly created lots participate in the maintenancefees associated with the access road off County Road 245.In addition, the Homeowners Association has concernsregarding the safety of the proposed access drives to eachparcel.
There is a small portion of proposed lot #4 (.03 acres) thathas been encroached upon by lot *7 in Block 4 of the EIkCreek Subdivision. The applicant wishes to give this smallparcel to the owners of the lot in the EIk CreekSubdivision. The Board of County Cornmissioners has alreadygiven conditional approval for a boundary Iine adjustmentfor this situation.
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The soils report from the SoiI Conservationindicated that all soils types found on thissevere limitations with regards to development dueslopes, rock exposures and shallow soils.
Servicesite haveto steep
The applicants submitted a site evaluation done by aregistered engineer. The county Environmentar Heartn officehas noted that it may be necessary for any septic systems onthe proposed lots to be designed by a registeredprofessional engineer. rn addiLion the following commentswere made regarding the proposed septic:
- The evaluation specifies minimum allowable distances frompotable water wells and storage tanks. If the request isapproved, every effort should be made to place any system
component in excess of the minimums to additionally ensurethe New castle water treatment facirities. The report also
recommends the optimum safety precaution.
- Parcel Number 2's percolation rate and soil profileobservations indicate an unsuitable condition for a standard"septi-c system". This parcel would most Iikely require adesign by a registered professional engineer.- Parcel Number I may also require the services of aregistered professional engineer due to ground slopeexceeding thirty percent.
- It should be kept in mind that the individual sewagedisposal systems on the properties may dictate the rocationof the dwellings, should the exemption receive approval.- If approved, the master plat should advise a purchaser ofthe possibility of an individuar sewage disposar systemdesigned by a registered professional engineer.
The site review of the parcel indicated that areas of theparcel could be in excess of 25* slopes.
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6.
7.
The surrounding property incrudes the Elk creek subdivisionwhich has approximately L/4 acre Iots,
since the appricant had one exempted parcer created in 1993,the proposed number of additionar lots (41, if approved,would mean that the appricant has had a totar ot- s rotscreated by exemption from one originar parcer. Hovrever, oneof the lots created by exemption $ras separated by countyRoad 245.
The access to each parcel should bereviewed by the County Road Supervisorof the proposed access location.
clearly defined and
concerning the safety
IV. SUGGESTED FINDTNG
The hearing before the Boardextensive and complete and thatissues lrere submitted.
County Commissionerspertinent facts, matters
I of
aIl hras
and
V.
2.The proposed
land uses.
use is compatiable wit.h the existing surrounding
3. If all conditions are met, then the proposal is ininterest of the health, safety, wel_faie, prosperity,and order of the citizens of Garfield County. -
RECOIIO{ENDATION:
the best
convenience
APPROVAL, with the following minimurn conditions:
I That there be a plat recorded in the Clerr andincluding the following:Recorder I s office
d)
e)C.M.P. culvert shall
access is developed to
a) A regal description of each lot which includes theaPpropriate access easements with regards to the exist,ingaccess road. ft shall also include all ditch, powerline andeasement,s for the property as proposed by the appricant.
b)that each lot shall beand may be subject toa Colorado registered
c)
That a plat note be included statingsubject to engineered foundationsseptic systems engineered byprofessional engineer.
A prat note sharl state that no mobire homes sharl beallowed on the parcels created by this exemption.
Building enveropes shall be shown on the prat. rn addition,a prat note sharr state that no habitable structures sharlbe allowed outside of the designated buirding enveropes.
A plat note shall indicate that a 24"be installed across the drainage whenparcel *4.
e)
f)each parcel shall be clearly defined on the platnot,e shall indicate that access to each parcel isthose access points shown on the plat.
be a signature block for the County Surveyor andChairman of the Board of County Commissioners.
The applicant shall submit a signed copy of a agreement with theEIk Creek Homeoyrners Association for the maintenance of theaccess road easement through the subject parcels.
Access to
and a plat
Iimited to
There shall
one for the
2.
The Town of New Castle and theshall be given an opportunity coto final approval by the Board of
Elk Creek Homeowners Association
comment on the final plat prior
County Commissioners.
3.
ao
4 Two hundred dollars ($200.00) shall be paid to the Department of
Development for the School Impact Fee prior to final approval.
The applicant shall file with the Department of Development the
boundaiy line adjustment to take place between Iot *7 of the nlk
Creek Subdivision and lot #4 of this exemption.
prior to completion of the final plat, the County Road Supervisor
shall review the proposal to determine the safest access
Iocations for each Iot.
A written legal description of all four parcels including all
easements sniff be submitted to the Planning office prior to
final approval.
The applicant shall have L2O days for conditional approval to
meet aII conditions.
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